Coming up with the contract
Contracts on this website can only be concluded in German and English. SVETOCH UG (haftungsbeschränkt) sells on SVETOCH.de and its sub-domains exclusively to companies (Bürgerliches Gesetzbuch §14: (1) An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, carries out their commercial or independent professional Activity. (2) A legal partnership is a partnership endowed with the ability to acquire rights and enter into liabilities.
Individuals, also known as consumers (German law BGB § 13: Consumers are any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to either their commercial or independent professional activity.) we exclude as contractual partner. In the ordering process, information is given to assure us that the ordering party is ordering as an entrepreneur. If false information has been knowingly or unknowingly provided here, SVETOCH UG (haftungsbeschränkt) reserves the right to take legal steps, reverse the purchase and charge the additional costs incurred by the remote site.
You make a binding offer at “svetoch.eu” and its sub-domains, if you have completed the online ordering process by entering the information requested there and in the last step, the button “submit order”. After you have sent your order, we will send you an e-mail confirming the receipt of your order from us and listing its details (confirmation of receipt). This acknowledgement of receipt does not constitute acceptance of your offer, but is only intended to inform you that your order has been received by us.
The contract will only come into being with the delivery of the goods you order.
Identity of the contracting partner
The contract is concluded with SVETOCH UG (haftungsbeschränkt), unless expressly stated otherwise.
General
Deliveries of SVETOCH UG (haftungsbeschränkt) (hereinafter referred to as “SVETOCH”) are subject to the following conditions as long as there is no other applicable agreement between the parties. Deviating conditions of the buyer are not accepted by SVETOCH, unless SVETOCH has expressly agreed to this. Deviations from these general terms and conditions must be in writing. These terms of delivery and payment also apply if SVETOCH accepts the delivery. Our terms of delivery and payment apply exclusively to entrepreneurs. The offers of SVETOCH are non-binding, unless otherwise agreed in writing in individual cases.
Business address:
SVETOCH UG (haftungsbeschränkt)
Hauptstr. 22
56235 HUNDSDORF
Germany
Phone: + 49 (0) 2623 797 4494
Fax: + 49 (0) 2623 797 4495
executive director:
Julia Deister
j.Deister@SVETOCH.de
Tax number: 30/650/21675
Commercial Register: District Court of MONTABAURHRB 25622
VAT identification number: DE312870245
Storing of the text of the contract
Your order data will be stored in our company. If you also want this in print, you can print out the “order confirmation.” This will appear on your screen after you submit the order. If you have provided us with your e-mail address, you will also receive all relevant data of your order by e-mail, which can also be printed out.
Risk
In accordance with BGB § 447 (1), the risk of shipping passes to the buyer as soon as our company has handed over the goods (goods) to the shipping company.
Error, mispricing
SVETOCH is always careful to exclude errors and to make all information flawless. However, it is urgently ensured that images with additional accessories are regularly shown, especially in the pictures, in order to be able to show possible applications. If an item has been incorrectly reported and the price, for example by slipping a comma point (content errand of the declaratory error under § 119 (1) of the Civil Code), has also been misstated, we reserve the right to cancel this purchase and, if necessary, Payments already paid.
Delivery
We are always careful to minimize delivery times and keep them as short as possible. We can only offer our low prices, as we import a large number of our products ourselves from outside Europe. As a result, SVETOCH has delivery times of up to ten weeks in exceptional cases. For products such as aluminum profiles, LED modules and LED drivers, the delivery time can be up to twelve weeks in exceptional cases. If products from other manufacturers are ordered from SVETOCH, the delivery times specified by the manufacturer / supplier apply.
For the delivery obligations of SVETOCH only the written order confirmation of SVETOCH applies.
Delivery is free carrier (FCA) according to Incoterms® 2010.
Delivery delays or restrictions that are incurred through no fault of SVETOCH or provable by military mobilization, war, insurrection, strike, legitimate lockouts, sanctions, embargoes or the emergence of unforeseen obstacles beyond the control of SVETOCH will result in a reasonable extension of the delivery time the duration of the disability. If the disability lasts more than three months, each party is entitled to rescind the contract. In other cases, the costs will be reimbursed immediately to the buyer by SVETOCH.
If SVETOCH is in default due to negligence, the seller is liable for damages due to the delay. Any demanded compensation in addition to the service is limited to 5% of the purchase price. Delivery and damages instead of performance are limited to 30% of the purchase price. Liability for injuries to body, life and health remains unaffected.
Testing of the goods and reprimand of defects and damages
The buyer must examine the goods immediately after delivery and report any defects to the seller. If he fails to display the product, the goods are deemed to have been approved.
Damages
Claims for damages by the buyer are excluded, unless the damage was caused intentionally or through gross negligence by SVETOCH or its legal representatives or vicarious agents (§ 278 BGB). Insofar as damage occurs, this does not result in a breach of an essential contractual obligation. Significant contractual obligations in this sense are those obligations that must be fulfilled in order to enable proper performance.
As far as SVETOCH is liable according to the previous regulation, the liability is limited to the amount of the business assets.
The above provisions do not change the burden of proof to the detriment of the purchaser.
Liability for culpable injury to life, limb or health, liability in the case of a quality guarantee or in the case of fraudulent concealment of a payment default and liability under the Product Liability Act remains unaffected.
Apart from that, liability claims against SVETOCH are excluded. The aforementioned limitations of liability shall apply in each case if the purchaser asserts the reimbursement of expenses instead of a claim for damages.
Guarantee
SVETOCH guarantees that the products offered are as described and free from defects in material and workmanship. Production and production residues by further processing, e.g. Cut and saw residue remain unaffected.
Product descriptions from SVETOCH do not contain a quality guarantee. Claims for defects are based on the buyer’s statutory obligation to make a complaint in accordance with §377 HGB (German Commercial Code). Eine Mängelrüge muss schriftlich erfolgen. Rejected goods must be returned to SVETOCH for checking. In the case of faulty notification of defects SVETOCH is entitled to demand compensation from the purchaser for expenses incurred as a result.
If a construction or material defect or another defect is discovered, SVETOCH has the right to remedy the damage by means of a replacement delivery or a credit note in the amount of the purchase price at SVETOCH’s option. If SVETOCH can not fulfill this obligation, the buyer can withdraw from the contract or reduce the payment. Claims for damages exist only to the specified conditions.
Claims for defects in cases according to § 438 paragraph 1 No. 2 and § 479 paragraph 1 BGB, become statute-barred after the periods specified therein. Claims arising from damage to health, including injury or death, and claims arising from willful or grossly negligent breaches of duty do not apply in accordance with the statutory provisions. All other claims for defects expire 12 months after delivery.
Intended use and copyright
The raw materials and semi-finished products are supplied for personal use only. Reproduction of the products or parts thereof by the buyer or third parties are generally prohibited.
SVETOCH is not liable for the infringement of third-party property rights resulting from the further processing of products purchased from SVETOCH.
Withdrawal
For orders by entrepreneurs, a fundamental right of withdrawal is excluded. Consumers (private individuals) are not allowed to shop via svetoch.eu.
Prices and delivery, payment options
All prices are in EURO, plus. statutory VAT of 16% and shipping costs incurred. The price applies at the time of the order. In principle, delivery is only made within Germany. Deliveries abroad require further agreement. We will inform you about our delivery time in the respective ordering process. If the delivery time specified there cannot be adhered to, we will inform you by e-mail in a timely manner. SVETOCH assumes no responsibility or liability for delays caused by the transport company and any delivery damage.
Shipping costs
Depending on the size of the goods, the buyer pays the shipping costs. This includes the postage, freight, import and packaging costs. We are constantly on the lookout for the cheapest shipping price for you.
Ownership/ Retention of title
This includes applicablewpml nbsp the applicable postage, freight, import and packaging costs. Wpml_nbsp We are always looking for the cheapest shipping price. the postage, freight, import and packaging costs incurred. Issuing a letter of credit means no payment.
Payment, due date, late payment
The goods can be paid for by direct debit, invoice, prepayment, PayPal or credit card. “svetoch.eu” reserves the right to exclude certain payment methods in individual cases or to use the payment method in advance. Payment by sending cash or checks is not possible. We exclude liability in the event of loss. If payment is made by direct debit, the debit will be made up to 14 days after the invoice date. Companies that pay on account must settle them within 14 calendar days after receipt of the goods. Default of payment will incur default interest of 8%, which will be borne by the buyer. An assertion and the claim of additional costs because of a higher damage incurred remains unaffected. In the event of default in payment, the buyer bears the risk of currency losses of the cost of the claim in euros on the due date. If the buyer is in default of payment, SVETOCH is entitled to withdraw from the contract and to demand that the goods be returned. Any shipping costs incurred in such a case must be borne by the buyer.
Payment by SEPA direct debit
The buyer can give SVETOCH a SEPA B2B direct debit mandate (SEPA Business to Business Direct Debit). The pre-notification period will be shortened to one day. The buyer guarantees to ensure that the account is covered. Costs incurred as a result of non-payment or reversal of the direct debit shall be borne by the Purchaser, unless the non-payment or the chargeback was caused by SVETOCH. After redeeming a SEPA company load letter, no chargeback can be contracted by the payer, provided it is an authorized SEPA company load letter.
Place of performance, place of jurisdiction and legal order
For contracts with merchants, legal persons of public law and special public assets, the place of performance for delivery and payment as well as as a place of jurisdiction Montabaur, or whose next higher court, is agreed with the proviso, That we are also entitled to sue at the place of the seat or a branch of the buyer. If the buyer does not have a general place of jurisdiction at home or if he moves his residence or habitual place of residence from the scope of the Federal Republic of Germany after the conclusion of the contract, our place of business is the place of jurisdiction. This also applies if the buyer’s place of residence or habitual residence is not known at the time of filing the claim. The law of the Federal Republic of Germany applies. The provisions of the UN Sales Law apply in the relationship between us and the buyer only if the buyer did not have a general place of jurisdiction in Germany at the time the purchase agreement was concluded.
Product development
We are constantly trying to develop and optimize our products in order to increase efficiency. This regularly causes newer and older product variants to differ slightly.
Service
SVETOCH UG (adhesive-limited) offers the service of customized components. Among other things, the service is offered to pre-drill aluminium profiles for a suitable LED assembly. This service can only be guaranteed if an exchange of information has taken place in advance. In principle, the customer is in a debt of wood. Subsequently, further processing measures such as drilling can not be carried out by SVETOCH.
Deviations from product measurements
The aluminium profiles and polycarbonate protective discs distributed by us are hand-cut by our partner company. The cut results in saw blade conditioned tolerance/deviations of up to 3mm. These deviations are up to standard and are attributable to production.
Deviations of the product image to the delivered product
SVETOCH regularly uses images intended to represent the mission. In addition, the same sample images are regularly used for different variants. Images are used by the manufacturer that only serve an application, use and illustrate. Products may differ from the images. The only decisive factor for the product is the description text. In addition, especially with end caps made of ABS plastic, it is possible that residues of excess material on the end caps are present due to production. This does not limit the function.
Wanton misorders
If a customer makes a so-called fact and fun order, claims for damages are made against him. In such a case, there is a regular criminal liability for forgery of documents (in particular falsification of conscientious data or deception in legal transactions in data processing), § § 267 ff. StGB, – see, among others, BGH Verdict of 29.06.1994, Az. 2 StR 160/94. SVETOCH UG (limited liability) reports any actions that cause damage and initiates legal action against the perpetrator.
Online strike participation
The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), available under http://ec.europa.eu/odr
Provider identification
Business address:
SVETOCH UG (haftungsbeschränkt)
Hauptstr. 22
56235 HUNDSDORF
Phone: + 49 (0) 2623 797 4494
Fax: + 49 (0) 2623 797 4495
executive director:
Julia Deister
Tax number: 30/650/21675
Commercial Register: District Court of MONTABAUR, HRB 25622
VAT identification number: DE312870245
Questions or complaints can be addressed to:
Email: info@SVETOCH.de
Call: + 49 (0) 2623 797 4494
Fax: + 49 (0) 2623 797 4495
Written:
(See business address)
Severability clause
Insofar as individual provisions of these terms and conditions should be ineffective, the statutory provisions of the Federal Republic of Germany shall apply.
