1 Scope of Applicability
The following General Terms and Conditions (“GTC“) in the version as amended at the time of the order govern to the commercial relationship between Sage Appliances GmbH (a company registered in the Federal Republic of Germany under company number HRB 81309 with registered address at Campus Fichtenhain 48, 47807 Krefeld, Germany (hereinafter referred to as “Sage”, “we“, “us“) and the purchaser. Sage does not recognize deviating terms of the purchaser unless Sage expressly consents to such in writing.
2 Conclusion of Contract
Orders can be placed exclusively online at the Sage shop website at www.sageappliances.com. The description of the products in the online shop does not constitute a legally binding offer but rather a request to place an order. All orders are subject to availability and to acceptance by us, and we may correct any product description at any time.
Prior to the order dispatch, the purchaser can view and modify the data at any time and remove products from the shopping cart. By clicking the button “Complete Order”, the purchaser’s order constitutes a binding offer to us for conclusion of contract. Once the purchaser places an order, we will send an email confirming receipt of the order that lists the order details (order confirmation). This order confirmation does not constitute acceptance of the offer but only informs the purchaser of the fact that we have received the order
The contract is concluded only once the order has been shipped to the purchaser. You can cancel your order at any time before we provide instructions to our warehouse to ship the product to you, which is after the confirmation that is sent to you and prior to confirmation that the order has been shipped. A purchase contract is not established for products from the same order that are not listed in the dispatch confirmation. Sage is contract is concluded only once the order has been shipped to the purchaser. Sage is the contractual partner. Sage does not offer products for purchase by individuals under 18 years.
The wording of the contract is stored by us after completion of the order, but is no longer accessible to you online.
3 Right of Withdrawal
Consumers are entitled to a right of withdrawal as follows: The consumer is any natural person concluding a legal transaction for purposes that can predominantly not be allocated to their commercial or independent professional activity:
- NOTIFICATION FOR WITHDRAWAL OF PRODUCTS -
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods listed in the dispatch confirmation. To exercise the right of withdrawal, you must inform us at Sage Appliances GmbH, Campus Fichtenhain 48, 47807 Krefeld, Germany, Tel: 0800-5053104 of your decision to withdraw from this contract by an unequivocal statement e.g. a letter sent by post or fax. You may use the attached model withdrawal form, but it is not required.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- END OF NOTIFICATION –
Model withdrawal form:
Sage appliances GmbH, Campus Fichtenhain 48, 47807 Krefeld, Germany
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service,
Ordered on/received on,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
4 Prices and Shipping Costs
The prices listed on the product pages include statutory value-added tax and other price components.
In addition to the prices listed on the product pages, there is flat fee shipping charge of €10 for any orders under €30. Free Shipping for any products over €30.
We do not charge any extra costs for payments.
Our goods are delivered exclusively within the UK. The delivery time is up to 7 working days. Any different delivery times are noted on the respective product page.
In the event that Sage through no fault of its own is unable to deliver the ordered goods because our supplier does not fulfill its contractual obligations, we are authorized to withdraw vis-à-vis the purchaser. In this case the purchaser will immediately be notified that the ordered product is unavailable and we will provide you with a full refund for those goods. The statutory claims of the purchaser remain unaffected.
Insofar as a delivery to the purchaser is not possible because the delivered goods do not fit through the purchaser’s front door, door, or staircase or because the purchaser was unavailable at the delivery address specified by it even though the purchaser was notified of the delivery time with reasonable notice, the purchaser bears the costs for the unsuccessful delivery.
6 Due Date and Payment; Default
All payments are due immediately. Payments can alternatively be made via Paypal or Credit Card. Your credit card account / Paypal account will be debited on completion of your order.
7 Offsetting and Retention
The purchaser may not off-set any amount against any payment due to Sage, unless the purchaser’s counterclaims are legally ascertained or undisputed by Sage. The purchaser is furthermore authorized to exercise a retention right only insofar as the purchaser’s counterclaims are based on the same contractual relationship.
8 Reservation of Title
The goods continue to remain the property of Sage until full payment has been received. Pledging, transferring, processing, or redesign is not possible without our consent prior to transfer of ownership.
All goods from the Sage web shop are subject to statutory warranty rights. Unless otherwise specified below, further claims of the purchaser – for any legal grounds whatsoever – are excluded. Sage therefore is not liable for damages caused on the delivery object itself; Sage is in particular not liable for lost profits or other financial losses of the purchaser. Insofar as a contractual liability of Sage is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents. The above liability limitation does not apply insofar as the cause of damage is based on intent or gross negligence (where the concept of "gross negligence" exists under applicable law) or personal injury has been caused or to any other liability that cannot be excluded at law. It furthermore does not apply if the purchaser asserts legally regulated claims.
Insofar as Sage breaches an essential contractual obligation ("cardinal obligation") any applicable statutory obligation to indemnify material damages is limited to the typically incurred damages. This includes obligations, the breach of which puts the achievement of the contractual purpose at risk, the fulfillment of which makes the proper execution of the contract possible and on which you usually rely.
If we have agreed to provide supplemental performance by way of replacement delivery, the purchaser is obligated to return the goods that were first shipped back to Sage, within 30 days and at Sage cost. Defective goods must be returned pursuant to the statutory provisions. Sage reserves the right to assert compensation for damages subject to the statutory requirements.
The warranty period is twenty-four months as of delivery.
Warranties as well as the provisions of this clause remain unaffected by any additional guarantee we may provide for our products.
10 Applicable Law and Dispute Resolution
German law is the governing law, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The Court of Duesseldorf, Germany, is the agreed forum if the purchaser is not a consumer.
Pursuant to EU Directive No. 524/2013, the EU Commission for Consumers has created a platform for extrajudicial dispute resolution, which is available at http://ec.europa.eu/consumers/odr/.
We are neither willing nor obligated to participate in a dispute resolution process of any consumer arbitration board.