§ 1 Scope of application
(1) Our offers, deliveries and services are exclusively subject to these Terms and Conditions of Business of SIRIUS GmbH, Kirchgässchen 6, 40789 Monheim am Rhein, in their version valid at the date of the order. This also applies to all future business relationships. They are accepted by the buyer when placing an order. Deviating General Terms and Conditions of Business of the buyer will not be accepted even if the seller does not expressly contradict them again.
(2) Deviations from these General Terms and Conditions of Business will be effective only by an explicit written confirmation.
§ 2 Conclusion of contract
(1) Our information on products and prices within the ordering process is non-binding. In particular, we reserve the right to make changes in the design or in the formulations arising from ongoing development.
(2) You will make a binding offer with your order. We accept your order if and when we allocate an invoice number to your order. Until that time, we have the right in particular to decline delivery of the goods offered in the event of unavailability.
(3) Documents belonging to the offer such as drawings, pictures, information on ingredients, reference to standards, as well as information in advertising materials, are not a guarantee of characteristics, unless expressly stated as such in writing.
§ 3 Prices
(1) All prices indicated are ex-warehouse and are gross prices inclusive of Value Added Tax, unless they are expressly designated as net prices.
(2) In principle, the latest price lists will apply, including the current shipping and transportation costs for deliveries within Germany and Europe specified therein. For islands special conditions apply, which we are happy to inform you of on request. For deliveries within Germany and Europe, we charge for private customers as follows:
>>> Shipping information
(3) For deliveries to other European countries, we calculate the actual costs incurred for packaging and shipping (e. g. by DHL). Explicit special agreements will not be affected.
§ 4 Delivery
(1) Delivery will take place from our distribution warehouse to the delivery address indicated. The place of performance is the distribution warehouse.
(2) We will be entitled to make partial deliveries. For partial deliveries, we will bear the resultant additional shipping costs.
(3) The delivery will be carried out by the transport company commissioned by Sirius GmbH. Additional costs for a specific method of shipment requested by the buyer shall be borne by the latter.
(4) Delivery and performance delays due to force majeure or events which impede delivery or make it impossible (e. g. industrial disputes, material procurement difficulties, operational problems, shortage of staff or transport equipment, official orders, etc., even if at a our suppliers’), will entitle us to postpone the delivery or performance for the duration of the hindrance plus a reasonable lead time, or to withdraw as a whole or in part from the contract or from the part of the contract not yet fulfilled. This will apply even in the case of bindingly agreed delivery periods and dates.
(5) The dates and deadlines indicated by us are non-binding if they are not agreed in writing as fixed dates.
§ 5 Right of withdrawal
You will be entitled to withdraw from this contract within fourteen days without giving reasons. The withdrawal period will be fourteen days from the date on which you or a third party appointed by you other than the carrier have / has taken possession of the goods. To exercise your right of withdrawal, you must inform us, SIRIUS GmbH, Kirchgässchen 6, 40789 Monheim am Rhein, Tel.: + 49 2173 9056-0, Fax +49 2173 9056-20, E-mail firstname.lastname@example.org, by way of an unambiguous declaration (e. g., a letter sent by post, fax or e-mail), of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, which is not mandatory, however. In order to meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercising of your right of withdrawal before expiry of the withdrawal period.
The revocation must be sent to:
Withdrawal form (PDF file)
40789 Monheim am Rhein
GERMANY (in case you send from other countries)
02173 / 90 56-20
Returning the item:
40789 Monheim am Rhein
GERMANY (in case you send from other countries)
Consequences of withdrawal?
If you withdraw from a contract, we will reimburse all payments we have received from you, including the costs of delivery (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, which is the cheapest standard delivery), immediately and at the latest within fourteen days from the date on which notification of your withdrawal from this contract has been received by us. For this repayment, we will use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise with you. In no event will you be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods in perfect condition or until you have proved that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of your withdrawal from this contract. The deadline will be met if you send the goods before the period of fourteen days.
You will bear the direct costs of returning the goods.
You must only pay for any diminished value of the goods where the loss of value is due to handling or use of the goods which was not necessary to ascertain the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
- For the supply of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer,
- For the supply of goods that may perish quickly or the expiration date of which would soon expire,
- For the supply of sealed goods which are not suitable for return for reasons of health or hygiene when they have been unsealed after delivery,
- For the supply of goods if these, due to their nature, were mixed inseparably with other goods after delivery.
§ 6 Warranty / Product Liabilty
(1) A warranty will only apply subject to the provisions of the Civil Code, unless otherwise indicated in the following.
(2) Deviations of the goods from their description or images will under no circumstances constitute claims on the part of the buyer. Descriptions and information serve solely for specification and labelling of the goods and are not guarantees in the legal sense. Such a guarantee is present only if it is expressly stated in writing as a guarantee.
(3) The warranty period will commence on the date of delivery. Defects must be notified immediately, but at the latest after one week, in writing. Defects that are not recognisable in spite of careful examination are to be notified in writing immediately after their discovery.
(4) In case of justified complaints, we shall improve the goods free of charge at our discretion or deliver replacement goods. Repeated rework is permitted. Should we make improvements in spite of a late, formally incorrect or incomplete complaint, or provide a replacement, this does not imply a waiver of any existing rights.
(5) Warranty claims will accrue only directly to the buyer. An assignment of a claim presupposes that we have agreed in writing beforehand.
(6) In all cases where we are obliged to pay damages, we will be liable only to the extent that we are guilty of intent or gross negligence.
§ 7 Reservation of title
The goods will remain our property until all our claims from the business relationship have been fulfilled.
§ 8 Payment
(1) Our invoices are payable 18 days after invoicing, without deduction. The payment shall be considered made when we are able to dispose over the amount.
(2) We will be entitled, notwithstanding any provisions of the buyer, to credit payments first against older debts, costs arising therefrom and interest, at our discretion.
(3) If the buyer defaults, we will charge interest of 5 % above the relevant discount rate of the German Federal Bank.
§ 9 Place of jurisdiction / Place of performance / Applicable law
(1) The place of jurisdiction is always Langenfeld.
(2) The place of performance for all obligations arising from the business relationship is Sirius GmbH, Kirchgässchen 6, 40789 Monheim am Rhein.
(3) The law of the Federal Republic of Germany will apply exclusively to the entire legal relationship between us and the buyer, excluding the CISG.
(4) If any of these provisions are or become invalid, this shall not affect the validity of the remaining provisions.
§ 10 Data Protection
All personal data of the buyer is necessary for business puposes will be stored by us in compliance with the applicable data protection regulations and will be treated as strictly confidential. Pleas refer to our Data Protection Statement.
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