General terms and conditions
General terms and conditions and customer information
1. Scope of application for the general terms and conditions
The following terms and conditions apply to all contracts and deliveries/services between
S.Mile GmbH, Ickerner Str. 3a, 45731 Waltrop, telephone 02309 / 7853510
CEO: Christian Peucker
– hereafter the ‘seller’ –
and a consumer/company (hereafter the ‘customer’) as entered into by the customer with the seller through their online shop regarding the goods and/or services listed therein.
1.1 In the sense of these terms and conditions, a consumer is any natural entity taking part in a transaction for a purpose not related to their professional or commercial activities.
1.2 A company in the sense of these terms and conditions is any natural or legal entity or business partnership taking part in a transaction within the scope of their commercial or professional activities.
1.3 Individual agreements take precedence over these terms and conditions.
1.4 The contractual language is German.
1.5 The seller shall save the contract text after the contract has commenced. The customer can therefore access the contractual text through the seller on request.
1.6 The seller has not obligated itself to a code of conduct.
1.7 The contractual text shall be made available to the customer via log-in (after successful registration) (at least until the contract is fulfilled). Furthermore, the customer can obtain information regarding the status of their order. Insofar as the customer wishes to save the contractual text permanently, they must do so independently. They can do so by using the ‘save as’ function in their computer’s browser or by printing the contract using the browser’s ‘print’ function.
1.8 The contract text will be sent in writing (e.g. letter, fax, email) to the customer after the order has been submitted along with the terms and conditions to the address provided.
2. Contract realisation
2.1 The presentation of the goods and/or services offered in the seller’s online shop does not constitute a legally binding offer of contract on the part of the seller, rather only a non-binding invitation to the customer to order goods and/or services (invitatio ad offerendum). By ordering the desired goods and/or services by telephone, post, fax, email or by clicking on the ‘buy’ button in the order form integrated into the seller’s online shop, the customer is submitting a binding offer to enter into a purchase contract.
2.2 The customer will be automatically informed via email when the order has been received. This notification does not comprise acceptance of the order by the seller. The order is only accepted and the contract therefore realised (conclusion of contract) when the seller has issued a written confirmation (e.g. email) in which the customer’s order or delivery of goods/services is confirmed. Regardless, the order can also be accepted by the sending of the goods/services to the customer within five working days.
2.3 Insofar as the customer does not receive an order confirmation or notification that the ordered goods/services have been dispatched, and does not receive the ordered goods/services within five working days, they shall no longer be bound to their order. If the customer has already made any payment, this shall be immediately refunded.
2.4 The customer has the opportunity to review all entries before submitting a binding order, and make any changes as necessary. This can be done by using the ‘back’ button in the customer’s browser. By pressing the ‘back’ button, the customer shall return to the website page on which they entered their data. Here, the customer can correct any errors or close the internet browser to completely cancel the order process.
2.5 The customer must ensure that the email address they have provided is correct, that emails can be received using this email address and that, insofar as the customer uses a firewall or spam filter, that emails from the seller will reach the customer. The same applies to the receipt of emails from third parties commissioned by the seller with the processing of the order.
2.6 The object of the contract is the sale of goods and the provision of services. The significant features of the goods and services can be taken from the seller’s product descriptions.
3. Prices and shipping costs
3.1 The prices stated by the seller in the relevant offers are taxed differentially under §25a of the UstG, so constitute final prices unless otherwise stated in the product description. Therefore, the VAT within this differential tax shall not be stated on the invoice. If anything else is stated for certain products, the prices include statutory VAT (with VAT stated on the invoice).
3.2 Insofar as shipping/delivery costs apply, these are not included in the purchase price. Shipping/delivery costs are either listed in the product’s description in the offer or can be accessed via the ‘shipping costs’ link. Furthermore, shipping/delivery costs are always listed separately throughout the order process.
The customer must always pay shipping/delivery costs unless the seller has expressly agreed to free delivery for the selected goods.
4. Payment conditions
4.1 The customer has the opportunity to select various payment methods unless the seller has stated otherwise in the product description.
4.2 The following payment methods are offered for deliveries within Germany:
Pre-payment
Payment on delivery
PayPal
4.3 The following payment methods are offered for international deliveries:
Pre-payment
PayPal
4.4 If the ordered goods and/or services are to be delivered to countries outside the European Union, the customer may have to also cover additional costs not borne by the seller. For example, these may encompass tax costs (e.g. customs), import deductions and/or bank costs for money transfers (e.g. transfer or currency exchange costs).
4.5 If the customer has selected pre-payment, they shall be obliged to immediately settle the purchase price once the contract has commenced.
5. Payment/shipping conditions
5.1 The order will be delivered to the delivery address provided by the customer. If the customer selects ‘pre-payment’ as their payment method, the goods and/or services will not be sent until the payment has been received in the seller’s account.
5.2 The contract is formed under the condition that performance may be delivered in part or not at all in the case of incorrect or improper upstream delivery. This only applies if the seller is not responsible for this non-performance and the seller exercised the required diligence in entering into a congruent hedging transaction with their supplier. The seller shall undertake reasonable efforts to procure the goods. Otherwise, return performance shall be refunded immediately. If the goods are unavailable or only partially available, the customer shall be informed immediately.
5.3 If the customer is a consumer, the following applies:
The risk of accidental loss and/or deterioration of the sold goods is transferred to the customer upon transfer of the goods. This applies whether the goods are insured or uninsured during transit.
5.4 If the customer is a company, the following applies:
The risk of accidental loss and/or deterioration of the sold goods is transferred to the customer upon transfer of the goods to the transport company tasked by the seller with delivering the goods.
6. Retention of ownership
6.1 If the customer is a consumer, the following applies:
The seller retains ownership of the delivered goods until the purchase price has been paid in full.
6.2 If the customer is a company, the following applies:
The buyer is permitted to further sell on the delivered goods during the course of proper business. The buyer hereby transfers to the seller all claims to the sum of the invoice amount arising from third parties through this further sale. The seller accepts this transfer. After the transfer, the buyer is permitted to recover the claim. The seller reserves the right to recover the claim as soon as the buyer does not fulfil their payment obligations in full and enters into payment default.
6.2.1 The processing of the delivered goods is always on behalf of and in the name of the seller. If the goods are further processed with goods not belonging to the seller, the seller (at the point of processing) shall be granted joint ownership of the new product in proportion to the value of the goods delivered by the seller compared to the other processed materials. The same applies if the delivered goods are combined with other objects not owned by the seller.
6.2.2 If the delivered goods are combined with another object or land, the buyer shall grant the seller the claim arising against a third party as a result of this combination as security.
6.2.3 The seller is obliged to waive securities at the customer’s request insofar as the value of the claims to be secured is exceeded by more than 10%. The seller shall decide which securities are waived in this case.
7. Guarantee
7.1 If the customer is a consumer, the following applies:
Statutory guarantee rights apply to all the goods in our shop.
7.1.1 The customer’s guarantee rights are based on the statutory regulations, whereby the guarantee on used items is reduced to one year from delivery in deviation from statutory regulations.
7.1.2 The shortening of the statute of limitations for guarantee claims to one year does not apply to damages within the realms of injury to life, body or health or in the case of fraud, gross negligence or intent caused by the seller or the seller’s vicarious agents. This restriction also does not apply to the right of recourse under §478 of the BGB.
7.2 If the customer is a company, the following applies:
7.2.1 The customer must immediately inspect the goods after delivery from the seller insofar as this is reasonable during the course of normal business, and should immediately inform the seller of any defects found. If the customer fails to do so, the goods shall be considered approved unless there are defects that were not identifiable at the time of inspection. If such a defect is identified later on, it must be declared immediately after discovery. If this does not occur, the goods shall be considered approved. The customer merely has to send this notification in good time in order to preserve these rights. If the seller fraudulently hid the defect, the regulations of §377 of the HGB cannot be called upon.
7.2.2 In the case of a defect, the seller is free to exercise their guarantee obligation either through improvement or replacement. If improvement measures fail to rectify the defect, the customer can demand either a reduction in price or withdraw from the concluded contract.
7.2.3 The statute of limitations for guarantee claims for companies is one year from the delivery of goods for newly produced goods. When purchasing used goods, this guarantee is fundamentally excluded. Restricting guarantee claims for new products to one year and excluding guarantees for used products does not apply to damages within the realms of injury to life, body or health or in the case of fraud, gross negligence or intent caused by the seller or the seller’s vicarious agents. This restriction also does not apply to the right of recourse under §478 of the BGB.
8. Liability
8.1 The seller shall only be held liable for damages incurred insofar as the damages were caused by the seller, their employees, legal representatives or other vicarious agents within the realms of intent or gross negligence. Furthermore, the seller shall not be held liable for such damages as were caused by the violation of the seller’s important contractual obligations. In the case of negligent violation of a significant contractual obligation, liability shall be restricted to compensating average damages as seen as typical and foreseeable at the time of the contract’s formation. Significant contractual obligations refers to obligations upon the content of which the seller’s contract depends in order to fulfil the contractual purpose, or the fulfilment of which is required to facilitate the proper implementation of the contract and on the upholding of which the customer should be able to rely. The seller accepts unlimited liability for claims relating to intent, gross negligence or fraud, injury to life, body or health, insofar as product liability law or other mandatory statutory regulations apply or insofar as the seller has accepted a guarantee for the nature of sold items.
9. Applicable law / place of jurisdiction
9.1 German law applies to all disputes arising from the contract between the seller and the customer. If the customer is a consumer, this choice of law shall only apply if this complies with the mandatory consumer regulations of the country in which the customer has their regular residence (favourability principle). Application of the UN Sales Convention is excluded.
9.2 The seller’s headquarters are established as the place of jurisdiction for all disputes arising from the contractual relationship between the seller and customer insofar as the customer is a businessperson, legal entity under public law or special fund under public law. The same applies if such a customer does not have a general place of jurisdiction within Germany or the EU or the customer’s domicile or regular residence is unknown at the time at which proceedings are commenced. Furthermore, the seller reserves the right to call on the court of another place of jurisdiction.
10. Youth protection
10.1 When selling goods that fall under the regulations of youth protection law, we can only enter into contractual relationships with customers that have reached the minimum legal age.
10.2 By submitting your order, you confirm that you have reached the minimum legal age and that you have provided your name and address correctly. You are obliged to ensure that only you or someone appointed by you that has also reached the minimum legal age receives the goods.
10.3 Insofar as statutory regulations obligate us to check age, we shall task the logistics provider commissioned with the delivery to only deliver the order to people that have reached the minimum legal age and to request identification from the receiving party to check their age if there is any doubt.
10.4 Insofar as we state in the relevant product description that you must be at least 18 years old in order to make a purchase in addition to statutory minimum age law, sections 1 to 3 above shall apply regarding the legal age of majority rather than the minimum legal age.
11. Alternative dispute mediation / online dispute resolution
The EU Commission provides a platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a hub for extrajudicially resolving disputes arising from online purchases or service contracts involving a consumer. The seller is neither obligated nor prepared to take part in dispute resolution proceedings before a consumer arbitration board.
We are neither prepared nor obligated to take part in any dispute resolution proceedings before a consumer arbitration board.