General Terms and Conditions and Customer Information

 

 I. General Terms and Conditions

 

§ 1 Basic Provisions 

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Sevan Zagikyan) via the website https://www.szhandel.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is rejected. 

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

We sell the goods partly or exclusively as a commission agent in our own name for the account of another party, i.e. for a third party as the owner of the goods. Irrespective of this, we are the contractual partner with all rights and obligations.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering your personal data and the payment and shipping conditions, the order details are then 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 the payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order details are displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online store.

Before submitting the order, you have the option to review and change the information in the order overview again (including by using the "back" function of the internet browser) or to cancel the order.

By submitting the order using the corresponding button ("order with obligation to pay", "buy" / "buy now", "place order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for us to prepare an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automatically. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

 

§ 3 Special Agreements on the Payment Methods Offered

(1) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by 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 offered via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; where special payment conditions apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie"

If you select a payment method offered via "Mollie", payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").

The individual payment methods offered via "Mollie" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use other payment services for payment processing; where special payment conditions apply, you will be informed of these separately. Further information about "Mollie" can be found at https://www.mollie.com/de.

(3) Payment via "Stripe"

If you select a payment method offered via "Stripe", payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods offered via "Stripe" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; where special payment conditions apply, you will be informed of these separately. Further information about "Stripe" can be found at https://stripe.com/de.

§ 4 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

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

(3) If you are an entrepreneur, the following also applies:

 a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security of the goods subject to retention of title is not permitted before ownership is transferred.

 b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that arise for you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

 c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

 d) At your request, we undertake to release the securities to which we are entitled insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

 

§ 5 Warranty

(1) The statutory rights relating to defects apply.

(2) If you are informed by us prior to submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:

- to culpably caused damage attributable to us arising from injury to life, limb or health, and to other damage caused intentionally or through gross negligence;

- insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the goods. 

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.

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

(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

 a) Only our own information and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public statements or statements by the manufacturer.

 b) In the event of defects, we provide warranty at our discretion by rectification or replacement delivery. If remedy of the defect fails, you may choose to request a reduction in price or withdraw from the contract. Remedy of the defect is deemed to have failed after the second unsuccessful attempt unless something else follows, in particular from the nature of the goods or the defect or the other circumstances. In the event of rectification, we are not required to bear the increased costs arising from moving the goods to a location other than the place of performance unless the move corresponds to the intended use of the goods.

 c) The warranty period is one year from delivery of the goods. The shortened period does not apply:

- to culpably caused damage attributable to us arising from injury to life, limb or health, and to other damage caused intentionally or through gross negligence;

- insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the item;

- to items that have been used for a building in accordance with their customary use and caused its defectiveness;

- to statutory rights of recourse that you have against us in connection with rights relating to defects.

 

§ 6 Choice of Law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

 

1. Identity of the Seller

Sevan Zagikyan
SZ Handel
Siemensstr. 4, Werk 2
76474 Au am Rhein
Germany
Phone: +49 172 6578 124
Email: info@szhandel.de

2. Information on the Conclusion of the Contract 

The technical steps leading to conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email. 

3.3. For requests for offers outside the online shopping cart system, you will receive all contractual data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

 

5. Prices and Payment Terms

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange-rate fees charged by financial institutions), which must be borne by you.

5.4. Any money transfer costs incurred (bank transfer or exchange-rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union. 

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

 

6. Delivery Conditions

6.1. The delivery conditions, delivery date and any delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only when the goods are handed over to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or another person otherwise appointed to carry out the shipment.

 If you are an entrepreneur, delivery and shipment are at your risk.

 

7. Statutory Liability for Defects

Liability for defects is governed by the provision on "Warranty" in our General Terms and Conditions (Part I).