General terms and conditions of business for private customers
Sunflowers GmbH
Venloerstr. 310-316
50823 Köln
Germany
Register of Companies: Amtsgericht Köln
Company No: (-beantragt-)
VAT ID: (-beantragt-)
Telephone: +4917624529470
Section 1 General
(1) Contractual services and offers made by Sunflowers GmbH are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with Sunflowers GmbH.
(2) The party to the contract’s own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by Sunflowers GmbH.
Section 2 Conclusion of contract and storage of contract text
(1) Offers from Sunflowers GmbH catalogues and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) BASH Malta Limited is entitled to accept the party to the contract’s offers within a period of two weeks from receipt. The contract is concluded if Sunflowers GmbH provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
(3) The complete contract is not saved by us. The contract text can be saved using the browser’s print function before the order is sent.
Section 3 Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by Sunflowers GmbH or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions – in particular in the catalogue – are non-binding and do not constitute a warranted property in terms of the Maltese Civil Code.
Section 4 Reservation of ownership
The goods forming the subject of the contract remain the property of Sunflowers GmbH until they have been paid for in full.
Section 5 Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that Sunflowers GmbH is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to Sunflowers GmbH together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. Sunflowers GmbH must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If Sunflowers GmbH maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet Sunflowers GmbHs high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by Sunflowers GmbH.
Section 6 Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, Sunflowers GmbHs liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of Sunflowers GmbH or persons employed in performing contractual obligations for which Sunflowers GmbH is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which Sunflowers GmbH is vicariously liable, Sunflowers GmbH is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, Sunflowers GmbHs liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 7 Batteries and accumulators
(1) If you received batteries or accumulators from us, you may return these free of charge to us after use or give them back at a local collecting point.
(2) Batteries and accumulators may not be depolluted together with the domestic waste. They contain harmful substances and are identified accordingly. The picture of a crossed waste container as well as the respective harmful substance (e.g. Cd: cadmium; PB: plumb; Hg: mercury) are shown on the respective Batteries and accumulators.
Section 8 Final Provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection regulations of the state which the consumer is domiciled conflict with this.