Terms & Conditions

Our General Terms and Conditions

Online Shop General Terms and Conditions

1 Scope

(1) These General Terms and Conditions (T&C) apply to all contracts concluded via on Online Shop between us

Smartrebels UG (Haftungsbeschränkt)
Kleberstr. 23
46509 Xanten
Germany

Managing Director: Mario Rodriguez
Amtsgericht (local court of) Kleve, HRB 18572
VAT ID no: DE359872429

Telephone: +49 151 28977382
Email: info@smartrebels.de

and you, our customer. These T&C shall apply irrespective of whether you are a consumer, an undertaking or a merchant.

(2) All agreements made between you and us in connection with the contract of purchase shall be primarily defined by these General Terms and Conditions, our written order confirmation and our declaration of acceptance.

(3) The T&C in force at the time of the conclusion of contract shall be the applicable version.

(4) We do not accept the customer’s alternative terms and conditions. This remains the case even if we do not explicitly repudiate to their inclusion.

2 Conclusion of contract

(1) The presentation and marketing of articles in our Online Shop does not constitute a binding offer to conclude a contract of purchase.

(2) Through the submission of a purchase order via the Online Shop by clicking on the “place binding purchase order”, you are submitting a legally binding purchase order. You are bound to the purchase order for a period of two (2) weeks from its submission. This shall not affect any right you have under Section 3 to cancel your purchase order.

(3) We will promptly send you an email confirming receipt of your purchase order submitted via our Online Shop. This email does not constitute a binding acceptance of the purchase order, unless acceptance is confirmed alongside the confirmation of receipt.

(4) A contract shall only be concluded once we have accepted your purchase order through a declaration of acceptance or the delivery of the ordered item.

(5) We can only accommodate purchase orders for delivery abroad if a minimum order quantity is satisfied. The minimum order quantity is set out in the price information provided in our in our Online Shop.

(6) If we cannot deliver the merchandise you have ordered, because it is not in stock for example, we will not issue a declaration of acceptance. No contract is concluded in this case. We shall inform you of the situation without delay, and promptly refund you any payment already received.

3 Right to cancel

(1) If you are a consumer (meaning a natural person who submits a purchase order, which is connected to any commercial or self-employed activity), you have a right to cancel pursuant to the statutory provisions.

(2) If, as a consumer, you choose to exercise your right to cancel pursuant to No. 1, you shall be required to pay the regular costs of the return consignment.

(3) Otherwise, the right to cancel is subject to the individual provisions set out in the following

Cancellation Policy
Right to cancel

You have the right to cancel this contract within hundred days without stating any reasons. The cancellation period is hundred days from the day on which you or a third party designated by you, but not the carrier, takes possession of the merchandise. In order to exercise your right to cancel, you must notify us [enter name of the company, address and telephone number and email address if available] by means of a clear declaration (e.g. by a posted letter, or email) of your decision to cancel this contract. For this purpose, you may use the attached sample cancellation form but this is not mandatory, however. You can also electronically complete and submit the sample cancellation form or other unambiguous declaration on our website (enter website address). If you exercise this option, we will send you a message without delay (by email for example) confirming that we have received your cancellation. To comply with the cancellation period, it is sufficient to send the notification prior to the expiry of the cancellation period, advising us that the right of cancellation is exercised.

Consequences of cancellation

If you effectively cancel this contract, we are obliged to return all payments we have received from you, including delivery costs (except the additional costs incurred by your selection of a way of delivery which differs from the most economical standard delivery offered by us). Such return payment must be made immediately and no later than within fourteen days from the day on which we receive your notification that you are cancelling the contract. The repayment will be made by the same means of payment as the one used for the initial transaction, unless expressly agreed with you otherwise; in any event, you will not be charged any fees for such a repayment. We many refuse to refund you until we have received the returned merchandise, or until you have provided proof that you have returned the merchandise, whichever is earlier.

You must return or hand over the merchandise to us or to (where relevant, enter the name of the person authorised by you to take receipt of the merchandise). You must do so without delay, and in any case no later than fourteen days from the day on which you notify us of your cancellation of the contract. The deadline is satisfied if you dispatch the merchandise before the expiry of the fourteen-day period.
You shall bear the direct costs for returning the goods.

You must only pay for any loss in value of the goods if this loss is due to the handling of the merchandise in a manner not necessary for examining its quality, characteristics and proper functioning.
End of Cancellation Policy

(4) There is no right of cancellation for distance selling contracts

(a) for the delivery of goods manufactured to the customer’s specifications or clearly tailored to their personal requirements, or for goods which is not suitable for return due to their quality, or for goods which can quickly perish or if the expiry date of the goods would be exceeded.

(b) for the delivery of audio or video recordings or software, if you have removed the seal from the data carriers provided.

4 Terms of delivery; right to demand prepayment

(1) We shall be entitled to made part deliveries, provided this is tenable for you.

(2) The non-binding delivery period is approx. eight (8) working days provided the ordered merchandise is in stock at the time the purchase order is placed, and nothing to the contrary has been agreed. Said period commences with the conclusion of the contract, subject to the provisions contained in para. 3.

(3) In the case of purchase orders received from customers who place of residence or registered business is located abroad, or if there are well-founded indications of a payment default risk, we reserve the right to make the delivery subject to the prior payment of the purchase price together with the shipping costs (right to demand prepayment). If we exercise our right to demand prepayment, we will notify you without delay. In this case, the delivery period commences with the payment of the purchase price and the shipping costs.

5 Prices and shipping costs

(1) All the prices listed in our Online Shop are gross prices. They include the statutory rate of value-added tax but not the additionally payable shipping costs.

(2) The shipping costs are listed in the price information displayed in our Online Shop. The price including value-added tax and additional shipping costs, is also displayed in the order screen before you submit the purchase order.

(3) If we fulfil your purchase order by making party deliveries in accordance with Section 4 para. 1, you shall only be liable to pat the shipping costs for the first part delivery. If the part deliveries are made in accordance with your request, we shall charge you the shipping costs for each part delivery.

(4) If you effectively cancel the contract in accordance with Section 3, subject to the statutory conditions you may demand a refund of shipping costs already paid by you (dispatch charges) (see Section 3 para. 3 for the other consequences of a cancellation).

6 Terms of payment, offsetting and right of retention

(1) The purchase price and the shipping costs are payable no later than two (2) weeks of receiving our invoice.

(2) You have the option of transferring the purchase price and shipping costs to the account specified in the Online Shop, issuing us a direct debit authorisation, or paying by EC/Maestro or credit card. If you issue us with a direct debit authorisation or make payment by EC/Maestro or credit card, we will charge your account at the earliest at the time set out in para. 1. Until such time it is revoked, any issued direct debit authorisation shall continue to be valid for subsequent purchase orders.

(3) You are not entitled to offset our payment claims against your counterclaims unless your counterclaims have been confirmed by a final court judgement or are undisputed. You also have the right of retention against our payment claims if you raise complaints or counterclaims under the same purchase contract.

(4) As the purchase, you are only then only entitled to exercise a right of retention if your counterclaim is based on the same purchase contract.

Prepayment

If the prepayment option is selected, we will provide you with the details of your bank account in a separate email and deliver the merchandise following receipt of payment.

Cash on delivery

You pay the purchase price directly to the delivery agent. Additional costs of 6 euro shall be charged.

PayPal Plus

Through PayPal Plus we offer various payment methods as PayPal services. You will be directed to PayPal’s website as the online provider. There, you will be able to enter your payment data, authorise PayPal to use your data and confirm your payment instruction to it.

If you choose the PayPal payment method, in order to pay the invoice total you must be registered/or register yourself with PayPal and verify yourself using your log-in details. The payment transaction will be automatically carried out by PayPal immediately after you confirm the payment instruction. Further information will be provided during the payment procedure.

If you choose the credit card payment method, you do not have to the registered with PayPal in order to pay the invoice total. The payment transaction will be carried out by your credit card company at the instruction of PayPal and charged to your account immediately after you have the confirmed the payment instruction and verified that you are the law card holder. Further information will be provided during the payment procedure.

If you choose the invoice payment method, you do not have to be registered with PayPal in order to pay the invoice total. Once the address and credit-rating checks have been performed, we will assign our payment claim to PayPal. In this case, you must make the payment to PayPal in order to discharge your payment obligation. The payment transaction procedure carried out via PayPal is subject to PayPal’s T&C and Privacy Policy alongside our own T&C. Further information and PayPal’s complete T&C for the payment of invoices can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de DE.

Payment by instalments

Klarna Bank AB (publ)
Chausseestrasse 117
10115 Berlin

Klarna Bank AB, German Branch, Klarna Bank AB (publ)
Chausseestraße 117
10115 Berlin
Federal Republic of Germany
Local court Charlottenburg HRB 217291 B
VAT-ID. DE 815 867 324

Branch Manager
Dr. Björn Petersen and Yaron Shaer

Cash on collection

You pay the invoice total at the time of collection.

7 Retention of title

The delivered merchandise shall remain our property until the purchase price is paid in full.

8 Warranty

(1) We are liable for material faults or defective legal title in accordance with the applicable statutory regulations, especially Sections 434 et seqq. German Civil Code (BGB). The limitation period for statutory warranty claims is two years, commencing with the shipment of the merchandise.
(2) Any seller’s guarantees we extend to certain items, or manufacturer’s guarantees extended by the manufacturer to certain items, are exercisable alongside the claims in the event of any material faults or defective legal title within the definition of para. 1. Details regarding the scope of such guarantees are set out in the terms of the guarantee, which are enclosed with the items where relevant.

9 Disclaimer

(1) We shall be liable to you in all cases of contractual and non-contractual liability for our intentional acts and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenditure.

(2) In other cases, unless otherwise stipulated in para. 3, we shall only be liable for the breach of a contractual obligation, the fulfilment of which is a prerequisite for the due performance of the contract and on the fulfilment of which you, as the customer, may regularly rely (“cardinal obligations”), and this liability is namely limited to compensation of foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in para. 3. We accept no liability particularly for lost feed-in revenue unless this is the result of our intentional or grossly negligent conduct.

(3) Our liability for damages arising from death or personal injury and under the Product Liability Act shall remain unaffected by the preceding limitations and exclusions of liability.

10 Copyright

We retain the copyright to all images, films and text published in our Online Shop. Any use of these images, films and text without our explicit consent is prohibited.

11 Choice of law and legal venue

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you have submitted the purchase order as a consumer and you are ordinarily resident in another country, the application of the binding legal provisions of that country shall remain unaffected by the choice of law specified in the previous sentence.

(2) If you are a merchant and your registered address is located in Germany at the time of submitting then purchase order, the exclusive legal venue shall be the court with jurisdiction over the seller’s registered address in Nettetal. Otherwise the local and international jurisdiction shall be subject to the applicable legal regulations.

(3) Dispute resolution: The EU Commission has established an online platform for the online resolution of disputes. The platform is a point of contact for the alternative dispute resolution of cases concerning contractual obligations established through online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in any dispute resolution procedure before any consumer conciliation body.