General terms and conditions

Table of contents

Scope of application

Conclusion of contract

Right of withdrawal

Prices and terms of payment

Delivery and shipping conditions

Retention of title

Liability for defects (warranty)

Liability

Applicable law

Place of jurisdiction

Code of Conduct

Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Simpex UG (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store, on the sales platforms eBay.de, Amazon.de, real.de, hood.de, etsy.com. Hereby, the inclusion of the customer's own conditions is contradicted, unless otherwise agreed.


1.2 Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.


2) Conclusion of contract

2.1 The products contained in the online store or on the sales platforms eBay.de, Amazon.de, real.de, hood.de, etsy.com of the seller, including description, do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.


2.2 The customer can submit the offer via the online order form integrated in the online store or on the sales platforms eBay.de, Amazon.de, real.de, hood.de, etsy.com of the seller. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.


2.3 The Seller may accept the Customer's offer within seven days,


by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or

by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the seventh 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.


2.4 When submitting an offer via the Seller's order form or the respective sales platform, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.

2.5 Before bindingly submitting the order via the Seller's order form or the respective sales platform, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, or your computer, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.


2.6 Only the German language is available for the conclusion of the contract.


2.7 Order processing and contacting usually take place via e-mail, direct messages and automated order processing. The customer must ensure that the e-mail address and delivery address provided by him for order processing are correct, so that e-mails sent by the seller can be received and goods delivered at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


3) Right of withdrawal

3.1 Consumers are generally entitled to a right of revocation.


3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.


Cancellation policy & cancellation form

Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:


  1. Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.


The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.


To exercise your right of withdrawal, you must send us (Simpex UG, Honigmannstr. 45

45138 Essen, Germany, Tel.: +49 17662803945, e-mail: info@simpex24.de) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.


In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.


Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may withhold repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. Refunds may also be withheld if the goods arrive at the shipping warehouse defective without having been previously claimed as "defective goods".


You must return or hand over the goods to us immediately and in any case no later than seven days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of seven days.


We shall bear the costs of returning the goods if the value of the goods exceeds 100.00 €.
The buyer bears the return costs if the value of the goods does not exceed 100,00€.


You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.


General notes

1) Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.

2) Please do not return the goods to us freight collect.


3)

  1. Cancellation form

If you want to cancel the contract, please fill out this form and send it back.


To


Simpex UG

Honigmannstr. 45

45138 Essen

Germany

+49 17662803945

E-Mail: info@simpex24.de


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)


_______________________________________________________


_______________________________________________________


Ordered on (*) ____________ / received on (*) __________________


________________________________________________________

Name of the consumer(s)


________________________________________________________

Address of the consumer(s)


________________________________________________________

Signature of the consumer(s) (only in case of paper communication)


_________________________

Date


(*) Delete as applicable


4) Prices and terms of payment

4.1 Unless otherwise stated in the product description of the seller, the online store or the sales platform, the stated prices are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.


4.2 The payment option(s) will be communicated to the Customer in the Seller's online store or on the sales platform.


4.3 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.


4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.


4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.


If a payment method offered via the payment service "Klarna" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").


5) Delivery and shipping conditions

5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed.


5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs.


5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.


5.4 Self-collection is not possible for logistical reasons.


6) Retention of title

6.1 Vis-à-vis consumers, the seller retains ownership of the delivered goods until full payment and complete delivery of the purchase price owed.


6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.


7) Liability for defects (warranty)

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in deviation herefrom:


7.1 If the customer acts as an entrepreneur,


the Seller shall have the choice of the type of subsequent performance;

in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;

in the case of used goods, the rights and claims due to defects are generally excluded;

the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.


7.2 If the customer is acting as a consumer, the following shall apply to used goods with the restriction of the following clause: Claims for defects shall be excluded if the defect does not occur until six months after delivery of the goods. Defects occurring within six months from delivery of the goods may be claimed within the statutory limitation period.


7.3 The limitations of liability and shortening of time limits set forth in the foregoing clauses shall not apply to


to items which have been used in accordance with their customary use for a building and have caused its defectiveness,

to claims for damages and reimbursement of expenses of the customer.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.


7.5 If the customer is acting as a merchant within the meaning of § 1 HGB, he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.


7.6 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer immediately after receipt of the goods and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.


8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:


8.1 The Seller shall be liable for any legal reason without limitation


in case of intent or gross negligence,

in case of intentional or negligent injury to life, body or health,

on the basis of a warranty promise, unless otherwise regulated in this respect,

on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.


8.3 Otherwise, any liability of the Seller shall be excluded.


8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.


9) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


10) Place of Jurisdiction

If the customer acts as 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 shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer's place of business.


11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.


This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.


11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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Please read the following information carefully.
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PLEASE NOTE THE FOLLOWING INFORMATION:


  • The customer bears the costs (5,00€ + fees, Germany / 15,00 € + fees, EU foreign countries) for a second delivery attempt, if the address was not given correctly, the customer has moved or a delivery, due to an error of the customer, could not succeed.
  • Customers who use the service of Paypal and have paid their order with this payment service can have their delivery address changed only by submitting a handwritten statement (+copy of ID, +signature). We reserve the right to cancel orders.
  • Free returns from 100,00 € or cancellation is received within 14 days
  • Returns not free of charge under 100,00 € or, if revocation is received after 14 days
  • We do not offer pickup.
  • No liability if wrong address is given - Please check your shipping/billing address in your Paypal and eBay account.
  • Oversized / Large rugs will be shipped folded - Customer must provide a phone number as this is a requirement from our logistics partner Schenker (freight forwarding).
  • Shipment of the goods only after receipt of the full invoice amount
  • Shipment of goods only when payment can be assigned to an order.
  • The customer agrees that the customer data may be transmitted to involved logistics partners, for the purpose of delivery.
  • We reserve the right to make partial deliveries.
  • In the case of series production, differences in color and quality may occur, which do not constitute grounds for complaint.
  • Only the longest sides of the carpets will be bound, which is not a reason for complaint.
  • Color & size may vary - approximate information - The color of the item varies from terminal to terminal.
  • Oversized rugs - bulky items - will be shipped folded.
  • Orders weighing 25 kg or more will be divided and shipped in multiple shipments.
  • In the case of partial deliveries, the goods/packages can be delivered to the customer on different days - The customer will be informed about the delivery with a shipment number.
  • The customer will be informed about the delivery with the sending of the shipment data. The customer must ensure that the shipment data can be delivered (e-mail, mailbox, notification in the messaging system of the platform).
  • We do not ship to parcel stations or similar. The customer bears the costs of the return shipment or a second delivery attempt
  • We do not bear any customs costs, fees or other costs incurred during the transfer to a third country.
  • Delivery permits must be communicated directly to the logistics service. You will receive the shipment details promptly upon delivery to the logistics service.
  • An exchange is excluded - or can only be made after consultation with the supplier and as a gesture of goodwill.
  • Complaints are accepted only with sending pictures / photos.