AGB
1. Scope
1.1 These terms and conditions of “Sky-Protect” (hereinafter called „Seller“), are applicable for all contracts, which the customer enters with the seller with respect to the products, described in the Online-Shop of the Seller. Hereby the involvement of its own conditions of the customers is contradicted, unless, something else is agreed.
1.2 Customers in terms of section 1.1 are consumers as well as entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for a purpose which can neither be attributed to his commercial nor independent professional activities.
On the other hand, an entrepreneur is any natural or legal person or a corporate partnership, which when entering into a legal transaction deals with the performance of his independent professional or commercial activity.
2. Conclusion of a Contract
2.1 The product descriptions, included in the Online-Shop of the Seller, are used for submitting a legally binding proposal by the customers.
2.2 The customer can submit the proposal in written, through Fax, through Email or with the help of the Online-Order Form, integrated in the Online-Shop of the seller.
During an order through the Online-Order Form, the customer submits a legally binding contract proposal after entering his personal data by clicking on the button „Bestellung Abschicken“ (Send order) in the final step of the order process, with reference to the products, included in the shopping basket.
Before the mandatory submission of the order, all entries can be constantly corrected through the n keyboard and mouse functions.
Furthermore, all entries are again displayed in a confirmation window before the mandatory submission of the order and can also be corrected there by means of the usual keyboard and mouse functions.
2.3 The seller immediately confirms the access of the proposal of the customer electronically (Fax or E-Mail).
The seller can include the proposal of the customers through a written (letter) or electronically transmitted (Fax or E-Mail) order confirmation or by delivering the product within 5 days. The seller is authorized to reject the acceptance of the order.
2.4 The order data is saved by the seller and can be called by the customer after sending his order through the password-protected customer account, if the customer has created a customer account in the Online-Shop of the seller, before sending his order.
2.5 The order processing and the contacting are done through E-Mail and automated order processing. The customer has to ensure that the E-Mail-Addresses, provided by him for the order processing is correct so that the E-Mails, sent to this address by the seller, can be received. While using the SPAM-Filters, the customer has to mainly ensure that all mails, sent by the seller or from these third parties, assigned with the order processing, can be delivered.
3. Freight charges for exercising the right of withdrawal
If the customer has the right of withdrawal according to § 312d Para 1 Sentence 1 BGB, then the regular costs of return are imposed on him while exercising the right of withdrawal. If the price of the returned article does not exceed an amount of 40 Euro or if in case of a higher price of the article, the customer has still not paid or done only partial payment at the time of withdrawal, except that the delivered products do not correspond to the ordered ones
In all other cases, the seller bears the costs of freight charges
4. Prices and Payment Conditions
4.1 The specified prices of the seller are the final prices, i.e. they have all price components including the German Statutory value-added tax.
If required, delivery and shipping costs are, in addition, separately specified in the proposal, in the case of the respective product description.
Other costs are application in individual case in the case of deliveries all across, for example other taxes and/or submission, in the form of custom duties.
4.2 The seller offers the following payment conditions for deliveries within Germany of nothing else is specified in the proposal (Online-Shop) in the respective product description:
1. Pre-payment through
• Transfer
• Credit Card
• PayPal
2. Direct Debit (Debit)
3. Cash on delivery
4.3 If a dispatch abroad is additionally offered for the respective product then the customer has the following payment options for the deliveries abroad if nothing else is specified in the proposal (Online-Shop) in the respective product description:
1. Pre-payment through
• Transfer
• Credit Card
• PayPal
4.4 If pre-payment is agreed then the payment is due immediately after signing the contract.
4.5 While selecting the payment type Direct Debit (Debit) and transmitting the bank details of the customers, the seller is entitled on a revocable basis, to pay the billing amount from the specified account of the customer. Furthermore, the seller is entitled to forward the data of the customer for the purpose of credit assessment. The seller reserves the right to reject the customer the payment type Direct Debit (Debit), depending on the result of the credit assessment. If the debit is not redeemed for the lack of sufficient fund or due to the details of an incorrect bank account or the customer withdraws the debit, although, he for this purpose is not authorized; the customer has to bear the fees, arising due to the back transfer of the respective credit institution, if he is responsible for this.
4.6 In the case of collection by the customer, the seller informs the customer initially through E-Mail that the product, ordered by him, is ready to be collected.
After receiving this e-mail, the purchases can collect the product after discussing with the seller. In this case, no shipping costs are calculated.
5. Delivery Conditions and Dispatch Conditions
5.1 Products are delivered regularly on the dispatch and at the delivery address, specified by the customer.
While processing the transaction, the delivery address, specified in the order processing of the seller, is significant.
On the other hand, the delivery address, stored by the customer at PayPal while selecting the payment type PayPal is significant.
5.2 If a delivery to the customer is not possible then the assigned transport company returns the product to the seller whereby the customer has to bear the costs for unsuccessful delivery. This is not applicable if the customer is not responsible for the unsuccessful delivery attempt or hereby revokes his right of withdrawal.
6. Liability for Defects
The statutory right of the liability of material defects/guarantee are applicable.
7. Applicable Law
7.1 The laws of the Federal Republic of Germany are applicable for all legal relationships of the parties, excluding the laws with respect to the international sale of products. In case of consumers, this choice of law applies to the extent that the protection provided is not withdrawn by the mandatory provisions of the law of the state, where the consumer normally resides.
7.2 If the customer is the purchases, legal entity under the public law or special federal funding, then the registered office of the seller is the exclusive place of jurisdiction for all disputes arising from this contract. The same is applicable if the customer does not have any general place of jurisdiction in Germany or EU or residence or usual place of residence is not known at the time of legal action.
The authority to also invoke the court of other legal jurisdiction hereby remains unaffected.
7.3 The contract language is German.
7.4 Should individual provisions of this contract be ineffective or infeasible or are ineffective or infeasible after the closure of the contract, this shall not affect the validity of the contract as a whole. If such effective and feasible regulation takes the place of ineffective or infeasible provision, then its effects of the economic aim comes closest, which the contract parties have pursued with ineffective or infeasible provision. The existing provisions are correspondingly applicable for the case, which shows the contract as incomplete.
