Terms and Conditions
General Terms of Business of A. Sutter Fair Business GmbH Regarding the Sale of Goods and Other Services via Internet, E-Mail, Telephone or other Means of Communication
These General Terms of Business are valid for contracts concerning the sale of goods and other services which are concluded by A. Sutter Fair Business GmbH (SFB) and the purchaser (Customer) of goods or other services by using exclusively telecommunication means. Any declarations and actions of the Customer referring to his own General Terms of Business or Purchase are herewith rejected. Derogations of these General Terms of Business of SFB will only become effective if confirmed by SFB in writing.
2. Conclusion of Contract
Offers made by SFB in its internet portal present a noncommittal offer to the Customer to place his order. By issuing his order via telecommunication means, the customer places a binding contract offer. After sending the order in electronic commerce, an automatic order confirmation will be sent via e-mail, documenting the receipt of the order. The contract becomes effective either by an order confirmation of SFB via e-mail or via electronic delivery of the ordered goods and/or performance of the service.
3. Delivery Reservation
The sale of the goods is subject to their availability. Should the goods be not available at the time of order, SFB reserves the right to reject the order of the goods. The Customer will be informed thereof at short notice. Any payments already effected will be returned to the Customer immediately.
4. Retention of Title
All goods delivered remain the property of SFB until complete payment of the purchase price is effected.
5. Fulfillment of Contract by the Customer
Prices for goods and other services are documented in the electronic order transaction; they have to be paid immediately without any deduction. Shipping or delivery costs will be charged separately if they are stated separately in the electronic order transaction. The Customer may choose one of the forms of payment indicated. As far as credit cards are concerned, SFB accepts the credit cards indicted in the electronic order transaction. Fulfillment will be effected only after the amount has been credited to the account of SFB.
6. Fulfillment of Contract by SFB
SFB will ship the goods immediately after receipt of the payment without insurance – unless agreed upon otherwise – by a forwarder of their choice or effect transmission electronically (i.e. tickets) to the address given by the Customer. The risk is transferred to the Customer as soon as the goods have left the premises of SFB. Online access to the data base is made available by transferring the access data which have to be treated strictly confidentially by the Customer. The calculated terms and notice periods of the respective contracts are effective according to the indications in the electronic order transaction.
7. Instructions on the Right of Withdrawal
If the Customer is a consumer in the sense of § 13 BGB, German Law, he has the right of withdrawal in accordance with the following provision:
7.1 Right of Withdrawal from Contracts Regarding the Delivery of Goods
The Customer can withdraw from his agreement to the contract within two weeks in writing (letter, fax, e-mail) without stating a reason, or – if the purchased goods have been delivered to him before expiration of the prescribed period – also by returning the respective goods. The deadline starts after receipt of this instruction in writing, but not before delivery of the goods to the recipient (in case of repeated deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of the duty of information, according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (German Law) as well as SFB’s duties according to § 312g paragraph 1 sentence 1 BGB (German Law) in connection with article 246 § 3 EGBGB (German Law). To ensure the due period of withdrawal, the timely dispatch of the note of withdrawal or the goods suffices. The note of withdrawal has to be addressed to:
A. Sutter Fair Business GmbH
Bottroper Str. 20
Fax:+ 0049 (0) 201/831620228
7.2. Right of Withdrawal from Contracts Regarding the Performance of Services
The Customer can withdraw from his agreement to the contract within two weeks in writing (letter, fax, e-mail) without stating a reason. The deadline starts after receipt of this instruction in writing, but not before the contract has been concluded and also not before fulfillment of the duty of information, according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (German Law) as well as SFB’s duties according to § 312g paragraph 1 sentence 1 BGB (German Law) in connection with article 246 § 3 EGBGB (German Law). To ensure the due period of withdrawal, the timely dispatch of the note of withdrawal or the goods suffices. The note of withdrawal has to be addressed to:
A. Sutter Fair Business GmbH
Bottroper Str. 20
Fax:+ 0049 (0) 201/831620228
7.3 Consequences of Withdrawal
In case of an effective withdrawal, works, services, and objects received, have to be returned as well as any use thereof (i.e. interest). In case the Customer cannot return the received work, services, or objects or use thereof (i.e. use advantage) in full, in part, or in case he can only return them in a deteriorated condition, he is obliged to compensate SFB. As far as contracts for the performance of services are concerned, this may lead to a complete fulfillment of the Customer’s payment obligations concerning the period until the withdrawal. In case of contracts for the delivery of goods, the following provision is valid: The Customer only has to compensate SFB for deterioration of the objects and use exercised which is caused by handling the work, services and objects exceeding the checking of the characteristics and operating mechanisms. “Checking the characteristics and operating mechanisms” describes the checking and testing of goods as is common in a shop. Goods able to be shipped have to be returned to SFB at her risk. The Customer has to bear the costs for the return, if the goods delivered equal the ordered ones, and if the price does not exceed 40 Euros, or if, in case of a higher price, at the time of withdrawal you have not already performed the respective service or paid the respective partial amount as agreed upon in the contract. In other cases, the return is free of charge for the Customer. Goods, not able to be shipped by package, will be collected at the Customer’s place.
All contracts are subject to the provision that payment obligations have to be met within 30 days. The deadline for the Customer starts with the dispatch of his note of withdrawal or the return of the goods, for SFB with the receipt thereof.
7.4 Special Information
A contract regarding the performance of a service is subject to the following provision: The Customer’s right of withdrawal expires early, if the contract has been fulfilled by both sides on the expressive wish of the Customer before he has effected his right of withdrawal.
8.1. SFB only bears unlimited liability for damages or futile efforts or expenses –regardless the legal causes- if the damages or futile efforts or expenses have been caused by SFB or a vicarious agent due to a culpable violation of such a duty the fulfillment of which is essential to the purpose of the contract and of which the Customer can constantly rely on (breach of material contractual obligations) or when they are caused by willful action or gross negligence of SFB or its vicarious agents.
8.2. In the case of breach of material contractual obligations resulting from simple negligence, SFB bears liability only for damage typical to the contract which could be reasonably foreseen upon conclusion of the contract. In such cases, SFB is not liable for indirect consequential damage or lost profit. This is also valid in case of damages caused by employees or vicarious agents of SFB, as long as they are not managers or managing executives, due to gross negligence or willful action.
8.3. SFB’s liability to pay compensation is limited to an amount equaling ten times of the order value for all damage caused by SFB, unless such damage can be attributed to willful action or gross negligence.
8.4. The aforesaid limitations of liability do not apply in the event claims are asserted based on damage to life or health or bodily harm, in the event liability is mandatorily based on the Product Liability Act or other laws or in the event a guarantee or a case of fraudulent concealment of a defect is involved. In case guaranteed characteristics are missing, SFB only bears liability for such damages caused by the non-appearance of a characteristic which was subject to the guarantee.
8.5. Any other guarantees for compensation payment than the aforementioned are excluded, regardless of the legal nature of the asserted claims.
8.6. In case the liability of SFB does not apply or is limited, this is also valid regarding personal liabilities of employees, representatives and vicarious agents of SFB.
9. Force Majeure
SFB does not bear liability for the impossibility or delay of performance, as far as these are caused by Force Majeure or other events unforeseeable at the time of concluding the contract which are not under control of SFB, such as labor disputes, power outages or measures implemented by official authorities, and other operational disruptions which are not caused by SFB or its vicarious agents. In case such acts of Force Majeure make it extremely difficult or impossible to fulfill the contract, SFB is entitled to withdraw from the contract. Should restraints of a temporary nature occur, the fulfillment of the contract will be delayed only for the duration of such restraint plus an adequate restarting period. In case the Customer cannot reasonably be expected to hold on to the contract as a result of the delay, the Customer can withdraw from the contract by issuing a direct declaration of withdrawal in writing.
10.1. SFB is to be advised in writing or electronically (via e-mail or telefax) of any recognizable defects within a period of 30 days, for entrepreneurs without let or hindrance, after publication or the delivery of goods. SFB will give no consideration to complaints received at a later date.
10.2. Incidentally the legal provisions of warranty apply.
10.3. In case SFB is obliged to pay compensation in accordance with the warranty, the liability is subject to paragraph 8.
11. Copy Right, Availability of Online Service
11.1. The online documents offered are protected by copyright. The user receives a simple, non-transferrable right to show, save and use them for himself exclusively. No further copyright, right to use, or other protecting rights will be transferred to the user.
11.2. SFB undertakes to provide unlimited access to online products, if possible. Downtimes caused by maintenance and software updates, as well as server-downtimes due to technical and other problems, which are not under control of SFB, (Force Majeure, negligence of a third party) do not entitled to claims for compensation.
12. Limitation of Claims
Consumers are subject to the legal limitation periods. Any claims of entrepreneurs expire within one year after the delivery of the goods or performance of the services, respectively.
Name and address of the Customer as well as all data required for the fulfillment of the order are stored in automated files. The Customer has separately expressed his agreement to the collecting, processing and using of all data collected in connection with the business relationship. The collecting, processing and using of the Customer’s personal data will be effected under observance of the provisions of the Bundesdatenschutzgesetz (German Federal Law for the Protection of Data) and the Telemediengesetz (German Law for Communication Media). In case the Customer withdraws his agreement for the future, SFB is obliged to delete his personal data immediately, unless the contract is not fulfilled completely.
14. Customer Service
The Customer can direct questions, declarations, and objections regarding his contracts via letter, fax or e-mail to the contact data stated in paragraph 7 of these General Terms of Business.
15. Law in Force and Place of Jurisdiction
15.1. The law of the Federal Republic of Germany rules exclusively, excluding the common law for the international purchase of mobile goods.
15.2. Place of jurisdiction for all legal disputes deriving from the contract will be Essen, when the contract parties are merchants, legal persons under public law or special funds under public law, or if at least one of the contract parties has no place of jurisdiction in the Federal Republic of Germany, or has transferred his domicile or usual place of abode to a location outside the jurisdiction of the Federal Republic of Germany after conclusion of the contract, or if his domicile or usual place of abode is unknown at the time the action is filed.