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TERMS OF SERVICE (WEBSHOP)

Scope and general information

(1) These General Terms and Conditions (GTC) apply to all deliveries made by SmartNanotubes Technologies GmbH via the smart-nanotubes.com website.

(2) Within the meaning of the following regulations, a Consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to either his commercial or independent professional activity. An Entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

Contractual partner

The contract of sale is concluded with SmartNanotubes Technologies GmbH, Dresdner Str. 172, 01705 Freital, Germany, Commercial Register: Dresden District Court, HRB 40252.

Conclusion of the contract

(1) The subject of the contract is the sale of goods. The purchaser has the non-exclusive right to use firmware with the agreed performance features in unmodified form on the agreed devices.

(2) The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order under the conditions specified in the item 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 call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your 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 / Apple Pay / Shopify Pay / Sofortüberweisung / iDEAL / eps-Überweisung / Bancontact ) as your payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system.

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

Before sending the order, you have the option to check and / or change the information in the order overview again (also via the “Back” function).

By clicking the button [buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order.

(4) Partial deliveries are permissible insofar as they are reasonable for the customer.

 

Payment and shipping

The following conditions apply:

(1) Shipping conditions

Delivery is made within Germany and to the following countries: all countries in Europe, North and South America, Asia, Australia-Oceania.

(2) Prices and shipping costs

The prices stated on the product pages include the statutory value-added tax and other price components.

Domestic deliveries:

In addition to the stated prices, we charge a flat rate of 6.90 euros per order for delivery within Germany. From an order value of 200.00 € we deliver free of shipping costs.

Deliveries abroad:

We charge a flat rate for shipping to foreign countries as follows:

Europe: 30 €

North and South America, Asia, Australia-Oceania: 65 €

From an order value of 200.00 € we deliver free of shipping costs.

The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

(3) Delivery

If no other period is indicated in the respective offer, delivery of the goods will be completed in Germany within 3 – 5 days, foreign deliveries within 5 – 7 days following conclusion of the contract (with agreed upon pre-payment after the time of your payment instruction). Please note that there is no delivery on Sundays or public holidays.

If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made other agreements with you. In this case, the delivery time is determined by the article with the longest delivery time that you have ordered.

(4) Payment

Accepted payment methods

– Payment by PayPal

– Payment by ApplePay

– Payment by Shopify Pay

– Sofortüberweisung / iDEAL / eps-Überweisung / Bancontact

If you have any questions, you can find our contact details in the imprint. The shipping costs calculation is only available if you have something in the shopping cart.

(5) Transfer of risk upon shipment

If the goods are shipped to the customer at the customer’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This shall apply irrespective of whether the goods are shipped from the place of performance or who bears the freight costs.

Rights of retention, reservation of title

(1) The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

(2) We retain title to the delivered item until full payment of all claims arising from the delivery contract is received. We shall be entitled to take back the object of sale if the customer acts in breach of contract. Pledging or transfer of ownership by way of security shall not be permissible prior to the transfer of ownership of the goods subject to retention of title.

(3) If you are an Entrepreneur, the following shall apply in addition:

(a) As long as ownership has not yet been transferred to the Purchaser, the Purchaser shall be obliged to treat the purchased goods with care. As long as ownership has not yet passed to him, the Purchaser must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the Purchaser shall be liable for the loss incurred by us.

(b) The Purchaser shall be entitled to resell the reserved goods in the ordinary course of business. The Purchaser hereby assigns to us the claims against the customer arising from the resale of the retained goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased goods have been resold without or after processing. The Purchaser shall remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we shall not collect the claim as long as the Purchaser meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.

(c) The processing or transformation of the object of sale by the Purchaser shall always be carried out in our name and on our behalf. In this case, the Purchaser’s expectant right to the object of sale shall continue to apply to the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in proportion of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that the Purchaser’s item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created in safe custody for us. To secure our claims against the Purchaser, the Purchaser further assigns to us such claims against a third party as accrue to him through the combination of the reserved goods with a property; we accept this assignment now in advance.

(d) We undertake to release the securities to which we are entitled at the request of the Purchaser if their value exceeds the claims to be secured by more than 20%.

Defective claims (warranty)

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) Insofar as you are an Entrepreneur, the following shall apply in deviation from the above warranty regulations:

(a) Only our own specifications and the product description shall be deemed agreed as the quality of the item.

(b) Warranty rights of the Purchaser presuppose that the Purchaser has duly fulfilled his obligations to inspect the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

(c) Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our Purchaser. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health which are based on an intentional or negligent breach of duty on the part of the user.

(d) Our consent must be obtained prior to any return of the goods.

(e) If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or supply replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.

(f) If the subsequent performance fails, the Purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.

(g) There shall be no claims based on defect in cases of insignificant deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear and of damage arising after the passing of risk from faulty or negligent handling, excessive strain, unsuitable equipment, faulty construction work, inappropriate foundations, or from particular external influences not assumed under the contract. If improper repair work or modifications are carried out by the Purchaser or third parties, no claims for defects shall exist for these, nor for the consequences resulting therefrom.

(h) Claims by the Purchaser for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be excluded to the extent that expenses are increased because the goods delivered by us were subsequently transported to a location other than the purchaser’s branch office, unless such transport is in accordance with their intended use.

(i) The Purchaser shall have a right of recourse against us only to the extent that the Purchaser has not entered into any agreements with its customer that exceed the statutory mandatory claims for defects. Furthermore, paragraph 3g shall apply accordingly to the scope of the Purchaser’s right of recourse against the supplier.

Miscellaneous

(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.

Dispute resolution

The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

 

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