General Terms And Conditions
Contractual conditions within the framework of purchase contracts concluded via the platform https://www.sugrbag.com
between:
sugr Germany GmbH
Kurhessenstr. 59
63075 Offenbach
Register court: Offenbach am Main,
Handelsregister AG Offenbach No. HR B 49762
hereinafter referred to as sugrbag
and
the users of this website designated in § 2 of these GTC - hereinafter referred to as ‘customer/customers’.
and
in the following terms and conditions the website www.sugrbag.com is also referred to as ‘website’.
§ 1 Scope of application
The business relationship between sugrbag and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. We do not recognise any deviating terms and conditions of the customer unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of contract
- The customer can select products in the provider's online shop and collect them in a so-called shopping basket. By clicking on the ‘Order with obligation to pay’ button, the customer submits a binding application to purchase the goods in the shopping basket.
- The customer can view the order data at any time after placing the order via the ‘user account’.
- After receipt of the order, sugrbag sends an order confirmation by e-mail, in which the order as such is summarised once again and these GTC are attached. The customer can save and print the order confirmation, which does not constitute acceptance of the purchase contract. The purchase contract only becomes legally effective with the explicit acceptance of the offer by sugrbag. The acceptance of the offer takes place when sugrbag sends the customer an order confirmation by e-mail.
- The entire content of the contract, i.e. the order, the order confirmation and these general terms and conditions, is summarised in the order confirmation and sent to the customer via e-mail. The content of the contract is stored by sugrbag in compliance with the applicable data protection law. Please refer to our data protection clause in the relevant section.
- Please note that we only sell all products in normal household quantities. We always reserve the right to make changes to the order.
- German law applies exclusively.
§ 3 Delivery, availability of goods, terms of payment
- Delivery times stated by us are calculated from the time of our order confirmation.
- Delivery shall be made to the delivery address specified by the customer.
- Where possible, the customer shall receive the goods in a single consignment. If, for technical or logistical reasons, the order is split into several partial deliveries, the customer will not incur any additional costs as a result. For shipments that have to be sent in parts due to a circumstance for which sugrbag is responsible, freight costs will only be charged once.
- sugrbag hands over the goods to a transport company of its choice at the latest on the third working day after receipt of the full purchase price (including VAT and shipping costs). Under certain circumstances, the delivery can also take place later (within 14 days), e.g. if an item is currently not in stock.
- If an item cannot be delivered within the specified period, we will inform the customer of the fastest possible delivery date or expressly reserve the right to withdraw from the contract.
- The following delivery restrictions apply: sugrbag only delivers to customers who are resident (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, France, Denmark, Finland, Italy, Luxembourg, Netherlands, Poland, Portugal, Sweden, Spain, Czech Republic, Belgium. Deliveries to other countries are only possible under certain circumstances and on request.
- The customer can pay in advance, by SOFORT bank transfer, by KLARNA, by credit card (MasterCard, Visa, American Express) or by Paypal. Payment of the purchase price is due immediately upon conclusion of the contract.
§ 4 Retention of title
The delivered goods remain the property of sugrbag until the purchase price has been paid in full.
§ 5 Prices and shipping costs
- All prices include the applicable value added tax. For customer orders outside of Germany, the respective prices and conditions apply.
- In the event of cancellation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
- The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For customers, the warranty period for goods delivered by the provider is 12 months. For business customers, the statutory provisions of the German Commercial Code (HGB) apply.
- sugrbag has defined the highest quality standards for itself; however, the supplier cannot guarantee complete colour fastness for natural products (e.g. leather). Especially with open-pored aniline leathers, which according to current EU law are only dyed with water-soluble dyes, a certain loss of colour of the leather is not inevitable.
§ 7 Liability and exclusion of warranty
- Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
- In the event of a breach of essential contractual obligations, the provider is only liable for foreseeable damage typical for the contract if this was caused by simple gross negligence. sugrbag is not liable for damage of any kind that may arise from the use and application of the product.
- The limitations of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
- The provisions of the Product Liability Act remain unaffected.
- Disclaimer of warranty: The website and the content are provided free of charge and ‘as we are’, without any guarantees of any kind being given in this respect. The information on the Website is for general information purposes only and does not constitute a recommendation. sugrbag does not represent or warrant that the information and/or facilities on the Website are accurate, complete or up-to-date or that the Website or the server that makes the Website available are free of viruses or other harmful components. Furthermore, sugrbag does not take care of specific IT infrastructure or connectivity. Consequently, sugrbag cannot represent or warrant that the Website will be uninterrupted or error-free. sugrbag makes no warranties or representations regarding the use of the content on the Website in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or other qualities, in each case to the fullest extent permitted by law.
- Limitation of Liability: Your use of the Website is at your own risk. Neither sugrbag nor any of its employees, officers, directors or agents or anyone else involved in creating, developing or delivering the Site shall be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the content on the Site, including damages caused by viruses or errors or omissions in the information on the Site or the performance of the Products, or otherwise arising out of or in connection with these Site Terms of Use, even if sugrbag has been advised of the possibility of such damages.
- Links to Third Party Websites: For your convenience and the general convenience of the Website, links to third party websites may be displayed from time to time. These links take you outside sugrbag's service area and away from the Website and are outside sugrbag's control. This also applies to links to websites of partners who may use the trademarks as part of a co-branding agreement. Separate terms of use and privacy policies apply to the linked websites. sugrbag is not responsible and cannot be held liable for the content and activities on such websites, and your visit to or access of these websites is entirely at your own risk. Please note that these third party websites may send their own cookies to users, collect data or request personal data and you should therefore read the websites' terms of use and/or privacy policies before using these websites.
§ 8 Notes on data processing
sugrbag collects customer data as part of the processing of contracts. sugrbag undertakes to treat personal data confidentially in accordance with data protection regulations. (Detailed information can be found in our privacy policy)
§ 9 Applicable law, place of jurisdiction
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
§ 10 Dispute resolution, dispute settlement
- The European Commission provides a platform for online dispute resolution (OS). You can find the platform at https://webgate.ec.europa.eu/odr/
- We do not participate in dispute resolution proceedings before a consumer arbitration board.