Conditions

Terms of Service

 

  • 1 Scope, Definitions

(1) For the business relationship between the provider safetee technologies GmbH, Skyline Hill Center, Leightonstrasse 3, 97074 Würzburg (hereinafter"provider") and the customer (hereinafter"customer"), the following general terms and conditions apply exclusively at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, according to § 14 BGB, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.

  • 2 Subject matter/conclusion of contract

(1) The customer can select products, in particular golf caps, from the provider's range on the website www.safetee-golf.com (hereinafter:"website") and place them in the shopping cart using a button. The customer must accept the terms and conditions, cancellation policy and data protection provisions before ordering. By clicking the “Buy now” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an order confirmation. The text of the contract is saved in compliance with data protection.

(3) The customer must ensure that the emails sent by the provider can be delivered. In particular, attention should be paid to typing errors in the e-mail address given when ordering and the spam folder in the e-mail inbox should be checked regularly when the order was placed.

(4) The contract is concluded in German or English.

  • 3 Delivery, availability of goods

(1) Delivery times specified by the provider are calculated from the time of approval for production by the customer. Binding delivery periods and dates must expressly be in writing. In the case of approximate or non-binding delivery dates, the provider tries to adhere to them.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation.

(4) If the customer is an entrepreneur, the provider is entitled to make partial deliveries. The customer does not incur any additional costs, unless expressly agreed in advance between the parties.

  • 4 retention of title

(1) The delivered goods remain the property of the provider until full payment has been made.

(2) Legal or actual access by third parties to the reserved goods as well as their loss or damage must be reported to the provider immediately. The customer has to reimburse the costs for necessary actions by the provider to protect the rights of the provider.

(3) The provider reserves the right to request information from the customer about the whereabouts of the goods delivered at any time.

  • 5 Prices and Shipping

(1) All prices stated on the provider's website include the applicable statutory sales tax, unless otherwise stated.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.

(3) On the occasion of special campaigns, the provider occasionally offers free shipping, which is shown separately on the website. Free shipping can be tied to certain conditions (e.g. minimum order value).

(4) The goods are dispatched by post. The provider only bears the shipping risk if the customer is a consumer.

(5) In the event of a cancellation, the customer has to bear the direct costs of the return. In deviation from this, the customer does not bear any shipping costs if the ordered goods have been delivered incorrectly or defective.

  • 6 payment modalities

(1) The customer can make the payment using the payment methods offered on the website. Paypal fees are borne by the provider. Reference is made to the data protection regulations of the external payment providers. The customer can see this in the privacy policy on the provider's website.

(2) The customer can change the payment method saved in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest of 5 percentage points above the base rate for the year. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.

(5) The customer is only entitled to offset against the provider if his counterclaims have been legally established, are undisputed or have been recognized by the provider. The customer may only exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.

(6) The provider reserves the right to withdraw from the contract if the customer has not paid the agreed purchase price to the provider within 14 days of receiving the invoice without a discount.

  • 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) If the customer is an entrepreneur, in order to maintain the customer's claims for defects, defects must be reported to the provider in writing immediately, but no later than two weeks after delivery. The defective items are to be kept ready for inspection by the provider in the condition in which they were at the time the defect was discovered.

(3) Insignificant, reasonable deviations in the dimensions and designs - especially in the case of repeat orders - do not entitle to complaints, unless absolute compliance has been expressly agreed. Product images can differ from the appearance of the delivered products. In particular, changes in the appearance and equipment of the products can occur after renewals in the manufacturer's range. Claims for defects do not exist if the changes are reasonable for the customer.

(4) The customer is asked to inform the deliverer of the goods about obvious damage (e.g. clearly damaged packaging) if he is a consumer. The rights of the customer according to paragraph 1 remain unaffected.

(5) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.

(6) Mandatory national regulations of those countries to which the provider delivers remain unaffected.

  • 8 liability

(1) Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

  • 9 Data protection

(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place unless this is necessary for the execution of the contract or consent is given.

(2) As far as the customer transmits the data from third parties, he assures that he has obtained the consent of the third party and releases the provider from any claims in this regard.

(3) The rights of the customer or the person affected by the data processing arise in particular from the following standards of the GDPR:

  • Article 7 Paragraph 3 - Right to withdraw consent under data protection law
  • Article 15 - Right of access of the data subject, right to confirmation and provision of a copy of personal data
  • Article 16 - Right to rectification
  • Article 17 - Right to cancellation ("Right to be forgotten")
  • Article 18 - Right to restriction of processing
  • Article 20 - Right to data portability
  • Article 21 - Right to object
  • Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
  • Article 77 - Right to lodge a complaint with a supervisory authority

(4) In order to exercise their rights, the customer or the person concerned is asked to contact the provider by email or, in the event of a complaint, to the competent supervisory authority.

(5) The provider assures that it has taken appropriate technical and organizational measures to ensure the security of personal data and to reduce the risk for the persons concerned.

  • 10 Dispute Settlement

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

  • 11 final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's headquarters in Würzburg (Bavaria).

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

(4) In the event of deviations between the German and English versions of the General Terms and Conditions, the German version is decisive.

Status: October 2020