Terms of service
1. Scope
2. Conclusion of Contract
3. Prices and Payment Terms
4. Delivery and Shipping Terms
5. Right of Cancellation
6. Retention of Title
7. Liability for Defects
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Information on Online Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of SENVOLON GmbH (hereinafter referred to as the "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller for goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1 The presentation of goods, in particular in the online shop, does not constitute a binding offer by the Seller.
2.2 The Customer first places the selected goods in the shopping cart. In the next step, the order process begins, during which all data required for order processing is collected.
At the end of the order process, a summary of the order and contract data is displayed.
Only after confirming this order and contract data by clicking the button that completes the order process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3 The Seller accepts the Customer's offer by one of the following possible alternatives:
- sending a written order confirmation or an order confirmation in text form (fax or email); or
- requesting payment from the Customer after the order has been placed; or
- delivering the ordered goods.
The decisive point in time for acceptance is the first alternative to occur.
The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4 If the payment method "PayPal" or "PayPal Express" is selected, payment is processed by the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). The PayPal User Agreement applies and can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without their own PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer selects the payment method "PayPal" or "PayPal Express" for payment of their purchase, or if the Customer pays using one of the PayPal payment methods, the Customer submits their offer by clicking the button that completes the order process. If, by clicking this button, the Customer also issues the payment order to PayPal at the same time, the Seller declares acceptance of the Customer's offer at the time the payment order is issued, notwithstanding the provisions above.
2.5 The contract text of the contract concluded between the Seller and the Customer is stored by the Seller. The Customer may view the Terms and Conditions on this page at any time. The order data, the cancellation policy and the Terms and Conditions will be sent to the Customer by email. After completion of the order, the contract text is no longer accessible online by the Customer.
2.6 All entries made are displayed before the order button is clicked and can be viewed by the Customer before the order is submitted and corrected by using the browser's back button or the usual mouse and keyboard functions. In addition, where available, appropriately labelled buttons are provided to the Customer for correction.
2.7 The contract language is German.
2.8 It is the Customer's responsibility to provide a correct email address for contact and order processing and to configure any filter functions so that emails relating to this order can be delivered.
3. Prices and Payment Terms
3.1 The prices displayed are final prices including statutory VAT unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.
3.2 The Customer may select from the payment methods available in the online shop.
3.3 PayPal Checkout
If you pay via PayPal Checkout, payment is processed via the PayPal payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). PayPal may also use the services of third-party payment providers for this purpose, which you may select where offered.
If payment methods are also offered on this website in which the Seller makes advance performance, such as purchase on account or payment by instalments, the Seller declares the assignment of its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the Customer. PayPal or the selected third-party provider will first carry out a credit check before accepting the Seller's assignment offer. The selected payment method may be refused if the credit check produces a negative result.
Once the selected payment method has been approved, payment with debt-discharging effect is only possible to PayPal or the respective commissioned payment service provider.
4. Delivery and Shipping Terms
4.1 Goods are delivered by shipping to the delivery address specified by the Customer.
4.2 If the Seller incurs additional costs due to an incorrect delivery address or incorrect addressee provided by the Customer, or due to other circumstances that make delivery impossible, these costs must be reimbursed by the Customer unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily unable to accept the service, unless the Seller had given the Customer reasonable prior notice of the service. The costs of outbound shipping are excluded from this provision if the Customer has effectively exercised their right of cancellation. In this case, the statutory provision or the provision made by the Seller shall apply.
4.3 Collection by the Customer is not offered.
4.4 Vouchers are provided to the Customer in the following form:
* by email
* by download
* by post
5. Right of Cancellation
5.1 If the Customer is a consumer, the Customer generally has a right of cancellation.
5.2 The Seller's cancellation policy applies to the right of cancellation.
5.3 Consumers who, at the time the contract is concluded, do not belong to any Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union do not have a right of cancellation.
6. Retention of Title
If the Seller makes advance performance, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Liability for Defects
7.1 With regard to warranty rights, the provisions of statutory liability for defects apply unless otherwise agreed.
7.2 The Customer is asked to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.
8. Liability
The Seller's liability arising from all contractual, quasi-contractual and statutory claims, as well as claims in tort for damages and reimbursement of expenses, is determined as follows:
8.1 The Seller shall be liable without limitation only for damages caused by intentional or grossly negligent conduct.
In the event of injury to life, body or health and in the event of a breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable for slight negligence.
An essential contractual obligation is an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely.
The Seller shall also be liable as set out above on the basis of a warranty promise, unless otherwise provided in this respect.
This also applies to indirect consequential damages, in particular loss of profit, and to mandatory liability, for example under the German Product Liability Act.
8.2 Except in cases of intentional or grossly negligent conduct, damages arising from injury to life, body or health and breach of essential contractual obligations (cardinal obligations), liability is limited to damages typically foreseeable at the time the contract was concluded and, in all other respects, limited in amount to the average damages typical for this type of contract. This also applies to indirect consequential damages, in particular loss of profit.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions apply accordingly in favour of the Seller's employees and vicarious agents.
9. Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the period specified by the Seller.
9.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order. The redemption of multiple Promotional Vouchers in one order is not possible.
9.5 The value of the goods in the respective order must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of a Promotional Voucher is not sufficient to pay for the respective order, one of the other offered payment methods may be used to pay the difference.
9.7 The balance of a Promotional Voucher is neither paid out nor does it bear interest.
9.8 The Promotional Voucher will also not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of cancellation.
9.9 The Promotional Voucher is personal and may only be redeemed by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material entitlement of the respective voucher holder.
10. Applicable Law
10.1 The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods.
The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the Customer as a consumer has their habitual residence, remain unaffected.
10.2 The choice of law made here does not apply with regard to the statutory right of cancellation for consumers if, at the time the contract is concluded, they do not belong to any Member State of the European Union and their sole place of residence and delivery address at the time the contract is concluded are outside the European Union.
11. Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office.
If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the Customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller is also entitled to bring proceedings before the court at the Customer's registered office.
12. Information on Online Dispute Resolution
The European Commission's online dispute resolution platform can be accessed on the internet at the following link:
https://ec.europa.eu/consumers/odr
We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but are generally willing to do so.