Handelsbetingelser

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Salty Smile Vertiebs UG (haftungsbeschränkt)) via the www.rasenkantenboy.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products  and/ or the provision of repair services .

(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods  and/ or repair services intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
 
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
 
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Provision of services in case of repairs

(1) Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that follow from the service description. We shall provide these services in all conscience, either personally or through an external party.

(2) You are obligated to cooperate. In particular, you have to describe the defect affecting the device as extensively as possible and make the defective device available.

(3) You shall have to bear the costs of sending us the defective device.

(4) Insofar as no other period is specified in the respective offer or under the appropriate button, repairs, including assigning the device for shipping, shall be made within 5-7 days following receipt of the device to be mended (however only for advance payment after the time of your payment instruction).

(5) If you exercise your right of termination in accordance with Section 648(1) BGB, we can demand a flat-rate fee of 10% of the agreed fee, if performance has not yet started. However, this only applies to the statutory right of revocation if you first exercise your right of termination after the end of the revocation period. You will bear the burden of proof for demonstrating that we have incurred no or substantially less costs.
 
§ 4 Special agreements related to the offered payment methods

(1) Payment in instalments via easyCredit
Payment in instalments via easyCredit is also subject to the General Terms and Conditions of Business on Payment in Instalments of easyCredit. These General Terms and Conditions can be found here.
 
(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Each payment is made to Klarna:
  • Direct debit ("Pay Now")
  • Credit card ('Pay Now')
  • Instant bank transfer (‘Pay Now’)
The use of the on account and/or in instalments and/or direct debit payment methods requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks before we can accept the purchase and issue the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information on Klarna and Klarna's Terms of Use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information on Klarna and Klarna's Terms of use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(3) Purchase on account via paymorrow
In case of a situation involving a payment on invoice (purchase on account via paymorrow), the ordered product is sent or delivered to you along with the bill. The purchase price is payable within a period of 21 (twenty-one) calendar days after the billing date.

(4) Payment by “secupay credit card”, “secupay direct debit” or “secupay purchase on account”
For payment methods like “secupay credit card”, “secupay direct debit” or “secupay purchase on account”, we irrevocably and fully cede our payment claim against you to secupay AG Goethestr. 6, 01896 Pulsnitz. Before accepting the transfer, secupay AG shall undertake a credit check, using the data provided during the order.
We reserve the right to refuse your selected form of payment as a result of the credit check. You will be informed about this prior to the dispatch of your order.
If the “secupay credit card” or “secupay direct debit” form of payment is permitted, secupay AG accepts the cession and subsequently collects the payment via your credit card or a direct debit operation associated with your account. The debiting of your bank account or credit card account takes place upon completion of the order.
With the approval of the “secupay purchase on account” form of payment, secupay AG accepts the cession, and the ordered product is delivered or dispatched to you along with the bill. The purchase price is payable to secupay AG, Goethestraße 6, 01896 Pulsnitz within 10 (ten) calendar days after the products are delivered.

(5) Ratepay purchase on account, Ratepay direct debit, Ratepay purchase on installments
In order to be able to offer you attractive payment methods, we work together with Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter referred to as "Ratepay"). If an effective purchase contract is concluded between you and us when using a Ratepay payment method, we assign our payment claim to Ratepay. When using the Ratepay payment method purchase on installments, we assign our payment claim to the partner bank of Ratepay GmbH. If you choose one of the Ratepay payment methods offered here, you consent in the context of your order to the transfer of your personal data and that of the order for the purpose of identity and credit checks and contract processing to Ratepay. All details can be found in the General Terms and Conditions for Ratepay Payment Methods at https://www.ratepay.com/legal-payment-terms/, which apply in addition to our General Terms and Conditions if you choose a Ratepay payment method.

(6) Purchase via debit note using Novalnet
If the purchase is being made via Novalnet AG (with regard to services offered in Germany and Austria), the payment amount immediately becomes payable via collection from the cheque account that was specified during the ordering process and which is associated with the specified credit institution (the cheque account). You hereby revocably authorise Novalnet AG to use a debit note to collect, at the expense of the cheque account in question, the payments that are to be made by you vis-à-vis the purchase process associated with a debit note. If the cheque account does not possess the required covering funds, the credit institution maintaining the account is not subject to a payment obligation. Partial payments cannot be made within the framework of the direct debit scheme.
By specifying the cheque account, you confirm that you are entitled to carry out direct debit operations vis-à-vis the cheque account in question. Return debit notes are, from our point of view and the point of view of Novalnet AG, associated with significant amounts of efforts and high costs. In a situation involving a return debit note (in the absence of the required covering funds in the cheque account, on account of the expiry of the cheque account, or an objection raised by the account-holder or improperly-transferred account data), you are obligated to pay a processing fee amounting to the sum of 7.50 euros for each return debit note. You have the option of producing evidence to show that the return debit note resulted in lower costs, or that it did not result in any costs at all. Further-reaching claims shall remain reserved. In view of the efforts and costs associated with return debit notes, and in order to avoid having to pay the processing fee, you are requested to not contradict the debit note in a situation involving a revocation, a withdrawal from the purchase contract, a return delivery or a reclamation. In such a situation, after an agreement has been reached with us, a reverse transaction takes place for the payment, and this occurs via a credit note or the refunding of the corresponding amount.

(7) Purchase on account via Novalnet
In case of a purchase on account transaction, the billing amount is to be paid to our external partner, Novalnet AG, and this must happen no later than the calendar day specified in the bill.
In such a case, you can only make debt-discharging payments to Novalnet AG.
Even in case of a purchase on account transaction that is carried out via Novalnet AG, we remain responsible for general customer enquiries, e.g. enquiries regarding the product, delivery period, shipping, return shipments, complaints, declarations of revocation and credit notes. This payment method can only be used by customers from Germany. Novalnet AG checks and evaluates your data. It also exchanges data with other companies and credit reporting agencies (credit assessment), if there is a justifiable reason for such a course of action. If the credit-worthiness is not guaranteed, Novalnet AG can refuse to allow you to undertake a purchase on account transaction. In such a case, Novalnet AG will point out alternative payment options.

(8) Barzahlen.de via novalnet
If payment by cash is agreed, payment shall be due with immediate effect following conclusion of the Agreement. On completing your order you will receive a payment slip which you can print out and scan in at the checkout at one of our partner branches to make payment by cash. Alternatively, you can get a payment code sent via SMS to your mobile phone and quote the payment code at the checkout at one of our partner branches to make payment by cash. Our partner branch sends a payment confirmation in real time so that the shipping process can start immediately.

(9) Payment via Unzer "Purchase on account" (invoice purchase) and/or "Payment by instalments" and/or "SEPA basic direct debit"
In the case of the payment methods "purchase on account" (purchase on account) and/or "payment by instalments" and/or "SEPA basic direct debit", we assign our claim for payment directed against you in full to the Frick & Co. AG bank, Landstrasse 14, 9496 Balzers, Liechtenstein (hereinafter referred to as the "bank"). In order to have a debt-discharging effect, all payments shall be made exclusively to the bank account notified to you for this purpose. Unzer's GTCs can be found here.

(10) SEPA direct debit
When paying by SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.

The debit note is collected within a period of  0 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.

(11) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(12) Payment via "Mollie"
If you select a payment method offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie").
The individual payment methods via "Mollie" will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "Mollie" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Mollie" at https://www.mollie.com/de.

§ 5 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 6 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.





II. Customer information

1. Identity of the seller

Salty Smile Vertiebs UG (haftungsbeschränkt)
Am Domhof 30
33378 Rheda-Wiedenbrück
Germany
Telephone: +4915901712899
E-Mail: info@rasenkantenboy.de


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Codes of conduct

4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. 

6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

7. Delivery conditions

7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

9. Termination

9.1 Information on the termination of the contract and the terms and conditions of termination can be found in the section “Repair” section of our General Terms and Conditions of Business (Part I), and in the individual quotation.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 22.10.2024