General Terms and Conditions for the Webshop
- 1 Scope
1.1. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between us and the respective ordering party (hereinafter referred to as “Customer”) in the version valid at the time of the order.
1.2. Any terms and conditions of business or purchase of the Customer are hereby rejected. Any terms and conditions of business or purchase of the Customer that conflict with, deviate from, supplement or unilaterally apply to our GTC, even if they are included in an order text, shall not apply even if we do not expressly object to them or provide or accept services without reservation; unless we have expressly agreed to such terms and conditions in the individual case.
- 2 Conclusion of contract
2.1. The presentation of the products on our website www.severin.com does not constitute a legally binding offer, but a non-binding invitation to submit an offer.
2.2. By clicking on the button “Buy”, the Customer submits a binding offer to purchase the respective goods in the shopping basket. However, the button can only be clicked and thus an offer to conclude a purchase contract can only be transmitted if the Customer has accepted these GTC by clicking on the button “Accept GTC” and thereby including them as part of the offer; and if the Customer confirms that they have taken note of the cancellation policy by clicking the button “Read cancellation policy“.
2.3. In response to the Customer’s offer, we shall send the Customer an automatic confirmation of receipt by e-mail, with which we confirm the content and receipt of the Customer’s order by us. This automatic acknowledgement of receipt does not constitute acceptance of the Customer’s offer.
2.4 A contract is only concluded when we issue the declaration of acceptance, which is sent with a separate e-mail (order confirmation).
2.5Ancillary agreements made orally or by telephone are only valid if they are confirmed in writing by both parties.
- 3 Availability of goods
3.1 If the product selected by the Customer is not available at the time of the order, we will inform the Customer immediately. A contract is not concluded in this case. In this case, we will immediately refund any payments already made by the Customer.
3.2 If the product selected by the Customer is only temporarily unavailable, we shall also inform the Customer of this without delay in the order confirmation, stating the expected renewed availability.
- 4 Prices, terms of payment & delivery
4.1The prices stated on the website www.severin.com are in EUR and include the applicable value added tax.
4.2The shipping costs are to be borne by the Customer and are stated separately in EUR in each case. Shipping costs are waived for orders over EUR 50.00. The shipping costs for large appliances amount to EUR 29.99 and are shown with the relevant products as part of the order.
4.3. Payment is made via the partner Adyen and can generally be made by PayPal, credit card and direct debit. . We reserve the right to offer the Customer only certain methods of payment, for example, to hedge our credit risk, only those in accordance with the respective credit rating.
4.4 Where payment is made by PayPal, the Customer pays directly via his PayPal account. After submitting the order, the Customer will be redirected to the PayPal website to release the payment. As soon as our PayPal account has been informed of the authorisation by the Customer, the dispatch will take place – depending on the delivery time indicated with the item. The Customer’s PayPal account will be debited with the actual invoice amount immediately after authorisation.
4.5 The goods will only be shipped to a delivery address within Germany with DHL or DPD. After sending the confirmation of receipt, the delivery time within Germany is approx. 2-3 working days. Large appliances (weighing more than 31.5 kg) are delivered by forwarding agent within 5-10 working days in Germany by individual appointment. (Monday to Friday, public holidays in Germany and Austria excluded).
4.6 If SEVERIN is unable to deliver the ordered goods through no fault of its own (e.g. due to force majeure or because a supplier of SEVERIN fails to fulfil its contractual obligations), SEVERIN shall be entitled to withdraw from the contract with the Customer. In this case, the Customer will be informed immediately that the ordered product is not available and any payments already made by the Customer will be refunded immediately.
4.7The shipping risk is borne by SEVERIN.
- 5 Retention of title
5.1In all cases, we retain title to all goods delivered until payment has been made in full.
- 6 Warranty
6.1We shall be liable for material defects in accordance with the statutory provisions applicable in this respect, in particular §§ 434 ff. German Civil Code (BGB).
- 7 Liability
7.1 Claims for damages by the Customer against us, irrespective of the legal grounds, as well as claims for reimbursement of futile expenses are excluded, unless the cause of the damage is based either on an intentional or grossly negligent breach of duty or on an at least negligent breach of a contractual duty, the fulfilment of which characterises the contract and on which the Customer may rely (material contractual duty); in the latter case, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
7.2The above limitation of liability also applies to the personal liability of our employees, representatives and organs as well as vicarious agents.
7.3The aforementioned limitation of liability shall not apply to damages resulting from injury to life, limb, health or freedom, in the event of liability under the German Product Liability Act or insofar as we have assumed a guarantee by way of exception.
- 8 Final provisions
8.1These GTC shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.2We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
8.3Amendments or supplements to these GTC must be made in writing. This shall also apply to the waiver of this written form requirement or a deviation therefrom.
8.4 If individual provisions of these GTC or of the delivery transaction are or become invalid in whole or in part, the validity of the remaining provisions or other parts of such clauses shall not be affected thereby. The ineffective clause shall be replaced by a provision which corresponds as closely as possible to the objective of this clause and is effective.
8.5. The contractual language is German.