General terms and conditions

General terms and conditions

Purchase contract for a movable items (purchase of consumer goods)


§ 1 Scope and Contractual Basis
(1) The following sales conditions shall apply to the purchase contract for the delivery of goods
concluded between you as buyer and us as seller.
(2) All contracts made between you and us in connection with the purchase contract arise, in
particular, from these sales conditions, our written order confirmation and our declaration of
acceptance.
(3) Illustrations or drawings included in our brochures, advertisements and other offer documents are
only approximate, unless the information contained therein has been expressly designated by us as
binding.
§ 2 Conclusion of the Contract
(1) The presentation of goods in our online e-shop does not constitute a binding request to conclude a
purchase contract. It is rather a non-binding invitation to order goods in the online e-shop.
(2) By clicking on the "Order" button, you submit a binding purchase offer (Section 145 of the German
Civil Code).
(3) Upon receipt of the purchase offer you will receive an automatically generated e-mail with which
we confirm that we have received your order (confirmation of receipt). This confirmation of receipt
does not constitute the acceptance of your purchase offer. An contract is not yet concluded by the
confirmation of receipt.
(4) An contract for the purchase of goods shall not come into force unless we expressly declare the
acceptance of the purchase offer, send you a pro-forma invoice or dispatch the goods to you – without
the previous express declaration of acceptance.
§ 3 Prices and Payment
(1) Our prices include packaging costs and the statutory value added tax; delivery and shipping costs,
however, are included in our prices only if a separate contract has been made with you. In the event
that you revoke the declaration of intent to conclude a purchase contract referred to in more detail in
the notice of revocation below, you have to bear the regular costs of returning the goods. Please
return the goods to us in their original packaging.
(2) Unless agreed otherwise with you in writing, the purchase price owed by you shall be paid without
deduction within 30 days after our invoice has been received by you.
(3) If you are in default with payment, we are entitled to demand from this date an interest of 5 % over
the basic rate of the European Central Bank (ECB). We reserve the right to provide evidence for
higher damages.

§ 4 Offsetting; Right of Retention
You are entitled to set off against our claims only if your claims have been established to be legally
binding, if we have recognized them or if your claims are undisputed. You are also entitled to set-off
against our claims if you assert defects or counterclaims from the same purchase contract. You as
buyer may exert the right of retention only if your counterclaim is based on the same purchase
contract.
§ 5 Period of Delivery and Performance
(1) Our delivery dates or delivery periods are only indicative unless these have been explicitly agreed
upon as binding between you and us.
(2) Four weeks after exceeding a non-binding delivery date or a non-binding delivery period you can
urge us in writing to deliver within an appropriate period. If we culpably fail to meet the date of delivery
expressly agreed upon as binding or a delivery period expressly agreed upon as binding, or if we are
in default for another reason, you must grant us a reasonable grace period to fulfil our performance. If
we allow this period of grace elapse fruitlessly, then you are entitled to withdraw from the purchase
contract.
(3) Subject to the limitations under the following § 6, we are further liable towards you under the
statutory provisions if the contract constitutes a transaction for delivery at a fixed date or if you are
entitled to invoke the discontinuance of your interest in the performance of the contract due to any
delay in delivery attributable to us.
(4) We are entitled to partial deliveries and part performances at any time.

§ 6 Rights in Case of Default and Defects; Liability
(1) If the delivered item fails to have the quality agreed upon between you and us or if it is not suitable
for the expected or general use in accordance with our contract, or if it fails to have the properties you
could expect under our public statements, we are obliged to cure. This shall not apply if we are entitled
to refuse cure due to statutory provisions.
(2) Cure shall be, at your choice, by the rectification of the defect (remedy) or by the supply of new
goods. You must grant us a reasonable period for cure. You are not entitled to reduce the purchase
price during cure or to revoke the contract. If our remedy is unsuccessful after the second attempt, it is
deemed to have failed. If cure has failed, you are entitled, at your choice, to reduce the purchase price
or to revoke the contract.
(3) You may assert claims for damages because of a defect only if cure has failed. This shall not affect
your right to assert further claims for damages in accordance with statutory provisions.


§ 7 Retention of Title
The goods delivered (reserved goods) remain our property until all claims arising from the contract
have been paid in full.


§ 8 Revocation Policy, Right of Revocation, Shipment costs
(1) You can revoke your contractual statement in writing (e.g., letter, fax, e-mail) within 14 days without
giving any reason. The deadline commences after receiving this notice in writing, but not before the
receipt of the goods (in the case of recurring delivery of similar goods not before the receipt of the first
partial delivery) and also not before the fulfilment of our information obligations pursuant to Art. 246
Section 2 in conjunction with Section 1 (1) and (2) of the German EGBGB. The deadline can be met
by sending the revocation notice or the item timely. The below form could be used for the purposes of
the revocation, but is not an obligatory form.
(2) The revocation is to be addressed to: info@space4dreams.de or via delivery to the following
address:
SPACEforDREAMS UG Haftungsbeschränkt
Königstraße 8, 01097Dresden, Deutschland


Suggested Form of a Revocation notice:
I revoke the purchase contract subject of which the following goods are (*):


_______________________________________________________


Order provided on (*)/ Received on (*):________________________


Name of the Buyer (consumer) (*):________________________


Address of the Buyer (consumer) (*):________________________


Signature of the Buyer (consumer) - only if send in paper form:______________________


Date (*):________________________


(*) please fill in the data needed


(3) Consequences of Revocation: In the event of an effective revocation, the services already
received by both parties shall be returned. If you are unable to return to us the goods received in
whole or in part, or only in a deteriorated state, you shall be obliged to compensate us for any
depreciation in value. You are obliged to compensate the deterioration of the item and the derived
goods only insofar as the use or the deterioration go beyond the testing of goods and functions. The "
testing of goods and functions" shall mean testing of the respective goods as is usually possible and
customary in a shop. Goods and items are to be returned to us without undue delay but within 14
days at the latest, which period start with the delivery of your revocation notice to us. The deadline
shall be met by sending the goods timely prior the above 14-days period lapsed.


In case of the revocation the goods shall be sent to the following delivery address:


SPACEforDREAMS UG (Haftungsbeschränkt)
Warehouse Division
Trnova 207
252 10 Prague West
Czech Republic

In case you revoke the contract, we will pay back to you all payments that we have received from you,
including delivery costs (except for any additional costs that result from the fact that you use another
delivery than the standard most cost-effective delivery offered by us), without undue delay however
within 30 days from the day on which we received the revocation notice from you. For this repayment
we use the same means of payment that you used for the original transaction, unless otherwise
agreed with you in written; any additional fees for this refund shall not be charged to you. You shall
bear the direct shipping costs of returning the goods.


§ 9 Complaints procedure
The European Commission provides a platform for out-of-court online dispute resolution for
consumers, which you can find under the external link //ec.europa.eu/consumers/odr/. We are neither
obliged nor willing to participate in the dispute settlement procedure.


§ 10 Final provision, Applicable Law
The purchase contract shall be governed by the laws of the Federal Republic of Germany. The
application of the UN Sales Convention is excluded.


Our E-Mail-Address: info@space4dreams.de


Dresden, June 01, 2020


 

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