General Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to contracts you enter into with us as the seller (SUND Digital GmbH & Co. KG) via the website gardenflare.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A “consumer” as defined by the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business operator is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.

§ 2 Formation of the Contract

(1) The subject matter of this contract is the sale of goodsat .

(2) Simply by listing a product on our website, we are making you a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description. 

(3)The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are added to the “Shopping Cart.” You can access the “Shopping Cart” by clicking the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button  (or similar designation)and after entering your personal information as well as the payment and shipping terms, you will see a summary of your order details.

If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, or giropay), you will either be directed to the order summary page in our online store or redirected to the website of the instant payment provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your information there. Finally, your order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online store.

Before submitting your order, you have the option to review the details in the order summary, make changes (including by using your web browser’s “Back” button), or cancel the order.

By submitting your order via the corresponding button (“Place Order with Obligation to Pay,” "Buy" / "Buy Now," "Place Order with Payment," "Pay" / "Pay Now," or similar wording), you are legally bound to accept the offer, thereby entering into a contract.
 

(4) Your requests for a quote are non-binding. We will provide you with a binding quote in writing (e.g., via email), which you may accept within 5 days (unless a different deadline is specified in the quote).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are handled via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and, in particular, that they are not blocked by spam filters.

§ 3 Special Provisions Regarding Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

For more information about Klarna and Klarna’s Terms of Use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available through “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. "PayPal" may use additional payment services to process payments; if special payment terms apply in such cases, you will be notified of them separately. For more information about "PayPal," please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of Retention, Retention of Title

(1) You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3)If you are a business owner, the following also applies:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept this assignment. You remain authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the receivable ourselves.

c) If the goods subject to retention of title are combined or mixed with other items, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other processed items at the time of processing.

d) We agree to release the collateral to which we are entitled at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights regarding liability for defects apply.

(2)As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3)If a characteristic of the goods deviates from the objective requirements, the deviation shall be deemed agreed upon only if we have informed you of it before you submit your declaration of contract and the deviation has been expressly and separately agreed upon between the contracting parties.

(4) If you are a business, the following applies in deviation from the warranty provisions above:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed upon asthe quality of the goods; other advertising, public promotions, and statements by the manufacturer shall not be considered.

b) In the event of defects, we will, at our discretion, fulfill our warranty obligations by repairing the item or providing a replacement. If the attempt to remedy the defect fails, you may, at your discretion, request a price reduction or withdraw from the contract. The attempt to remedy the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the event of repair, we are not required to bear the additional costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) Thewarranty period is one year from the date of delivery of the goods. The shortened warranty period does not apply:

- for damages attributable to us that result from injury to life, limb, or health, as well as for other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a warranty regarding the quality of the item;
- for items that have been used in accordance with their intended purpose in a structure and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence (principle of favorability).

(2) The place of performance for all services arising from existing business relationships with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this provision.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.




II. Customer Information

1. Seller’s Identity

SUND Digital GmbH & Co. KG
Victoriaallee 1
22143 Hamburg
Germany
Phone: 0405380960
Email: info@gardenflare.com

We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Formation of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German .

3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system,the contract details can be printed using the browser’s print function or saved electronically. Once we receive your order, the order details, the legally required information for distance sales contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For quote requests made outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer, e.g., via email, which you can print out or save electronically.

4. Key features of the product or service

The key features of the product and/or service can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective product listing, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying. 

5.4.Any costs incurred in connection with the money transfer(bank transfer or foreign exchange fees charged by financial institutions)shall be borne by you in cases where delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5. The payment methods available to you are listed under a corresponding button on our website or in the respective product listing.

5.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Shipping Terms

6.1. The delivery terms, delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a shipping company not designated by the seller or any other person designated to carry out the shipment.

If you are a business owner, delivery and shipping are at your own risk.

7. Statutory Liability for Defects

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).

These Terms and Conditions and customer information were drafted by lawyers at Händlerbund who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29.11.2023