Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Warranty for Defects
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Smart Cave Solutions KG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the customer’s own conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise stipulated. Digital content in the sense of these GTC is data created and provided in digital form.

1.3 For the purpose of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer 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. Furthermore, the Customer can also submit the offer to the Seller by email, fax, online contact form, or postal mail.

2.3 The Seller can accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, insofar as the receipt of goods by the Customer is decisive, or
• by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives are present, the contract is concluded at the time one of the aforementioned alternatives firstly occurs. The period for acceptance of the offer begins the day after the offer is sent by the Customer and ends with the expiry of the fifth 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 as rejecting the offer with the result that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after sending his order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account by specifying the corresponding login data.

2.5 Before the binding submission of the order via the Seller’s online order form, the Customer can recognize 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 browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct his entries via the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 The contract language is German.

2.7 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. Particularly when using SPAM filters, the Customer must ensure that all emails 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 withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 Payment options are communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, the delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller. This does not apply with respect to the costs for the shipment if the Customer effectively exercises his right of withdrawal. For the return costs, if the Customer effectively exercises his right of withdrawal, the provision made in the Seller’s withdrawal instructions applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or establishment otherwise designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person entitled to receive the goods upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or establishment otherwise designated to execute the shipment, if the Customer has commissioned the forwarder, the carrier, or the person or establishment otherwise designated to execute the shipment and the Seller has not previously named these persons or establishments to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the payment will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Digital content is provided to the Customer as follows:

• via download
• by email

6) Granting of Rights of Use for Digital Content

6.1 Unless otherwise specified in the content description in the seller’s online store, the seller grants the customer the non-exclusive, geographically and temporally unrestricted right to use the provided content for private and commercial purposes.

6.2 Transferring the content to third parties or creating copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has agreed to a transfer of the license in question to the third party.

6.3 Insofar as the contract refers to the one-time provision of digital content, the grant of rights becomes effective only once the customer has fully paid the due fee. The seller may allow the use of the content in question before this time on a provisional basis. Such provisional permission does not result in a transfer of rights.

7) Reservation of Ownership

If the seller advances performance, he reserves the right of ownership of the delivered goods until the purchase price due has been fully paid.

8) Warranty for Defects

Unless otherwise provided in the following provisions, the legal warranty regulations apply. Deviating from this, for contracts for the delivery of goods:

8.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from the delivery of the goods;
• rights and claims due to defects for used goods are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of warranty for defects.

8.2 The liability limitations and reduction of periods stated above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Additionally, for entrepreneurs, the legal limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.

8.5 If the customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damages to the deliverer and to inform the seller about this. Failing to do so has no effect on his statutory or contractual claims for defects.

9) Applicable Law

All legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the laws about the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10) Jurisdiction

If the customer acts as a merchant, legal entity of public law or public special fund located in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.

11) Alternative Dispute Resolution

11.1 The European 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer