GTC

SARAD GmbH

Consumer Terms & Conditions (Mail Order and Online Purchases)

(May 01, 2015)

1.Purview

All contractual agreements entered into by SARAD GmbH (herein after referred to as “SARAD”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.

2. Contracting Parties

Placing orders on http://sarad-radonshop.com is limited to customers

i) whose billing address and shipping address are registered in two different countries (international delivery), or 
ii) whose billing address AND shipping address are both registered in a country SARAD does NOT operate in. This means that customers providing a billing AND shipping address located in Germany are prevented from placing orders on http://sarad-radonshop.com.

All contractual agreements entered into will be between SARAD and individual customers (herein referred to as “the Consumer”) who must be 18 years of age and legally competent. If SARAD should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.

Placing an order on http://sarad-radonshop.com requires the Consumer to register/set up a SARAD online account (i.e. user profile). Consumers must register under their own name, and complete all mandatory fields correctly.

3. Contract

By submitting an order online (i.e. after selecting the product(s), completing the SARAD online order form and confirming the order by clicking the submit button), or by placing an order in the form of an email, fax, letter or phone call, Consumers issue a legally binding purchase offer which will need to be accepted by SARAD.

SARAD reserves the right to refuse orders. If SARAD should reject an order, the Consumer will be notified immediately.

A legally binding contract will be formed between SARAD and the Consumer at the time of SARAD formally confirming the order, or at the time the Consumer has received the goods.   N.B. Any automated messages sent by SARAD to Consumers in response to Consumers submitting their orders do not constitute a formal order confirmation.

4. Right to Cancel and Return Policy

4.1 Right to Cancel

The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days by notifying SARAD in writing, sending a letter, fax or email to
         
         SARAD GmbH
         Wiesbadener Strasse 10-20
         01159 Dresden, Germany
         Fax +49 (0) 351 6580718
         Email: sales@sarad.de

In order to do so, Consumers may download and print out an Order Cancellation Form (available here) or use the form provided at the end of these T & Cs.

Orders may be cancelled within a time period of fourteen (14) days, commencing on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the shipment that completes the delivery.

4.2 Cancellation & Refunds

SARAD shall refund all payments (including delivery charges) received from the Consumer within a time period of thirty (30) days after the Consumer has cancelled an order. However, SARAD will not refund any delivery costs incurred by the Consumer opting for delivery methods other than those offered by SARAD at the time the order was placed. Unless otherwise agreed, SARAD will issue refunds by using the same payment method the Consumer has chosen when paying for the order. If the original payment method is not an available option (e.g. if the order was paid for using CoD), SARAD shall refund the Consumer by either arranging for a bank transfer (BACS), or by issuing a crossed cheque. Furthermore, refunding the Consumer shall not incur any charges.  

SARAD shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned.

The Consumer shall return any goods within a time period of fourteen days commencing on the day the Consumer has notified SARAD of the order cancellation. Consumers must provide proof of return upon request. All items are returned to SARAD at the Consumer’s risk.

4.3 Returns & Return Costs

If cancelling an order involves returning items to SARAD the Consumer agrees to pay the cost of return delivery.

Items that can be returned via mail should be sent to SARAD GmbH, Wiesbadener Straße 10-20, 01159 Dresden, Germany. Consumers must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Consumer.

If the accumulated size or weight of the items prevents returning these items via standard mail, standard courier or parcel carrier, SARAD will provide a Returns Service (optional), with the cost of return delivery to be paid by the Consumer. Consumers who wish to use the Returns Service may indicate this either at the time they cancel the respective order, or at a later time, by notifying SARAD by phone, or sending a letter, fax or email to

SARAD GmbH
Wiesbadener Strasse 10-20
01159 Dresden, Germany
Phone: +49 (0) 351 6580712
Fax:      +49 (0) 351 6580718
E-mail: sales@sarad.de

The return delivery charge using the SARAD Returns Service is € 50.- (incl. VAT). Consumers must make sure that the item to be returned is properly wrapped up and ready for transport.

Consumers who do not wish to use the Returns Service are legally required to arrange for the return of the items themselves. Return address: SARAD GmbH, Wiesbadener Straße 10-20, 01159 Dresden, Germany.

Moreover, Consumers who exert their right to cancel an order but do not wish to use the Returns Service provided by SARAD, do so at their own risk.

SARAD will pay the cost of return delivery if the Consumer returns an item wrongly sent to the Consumer, or if the Consumer has received faulty goods. In these cases, the Consumer must notify SARAD by either
            
a. a letter to SARAD GmbH, Wiesbadener Straße 10-20, 01159 Dresden, Germany;
b. phone, calling  +49 (0) 351 6580712;
c. a fax to +49 (0) 351 6580718; or
d. an email sent to sales@sarad.de

N.B.: Your right to cancel does not affect your statutory rights.

5. Items Exempt from Cancellation Rights

The Right to Cancel does not apply to

  • custom-made items tailored to the Consumer’s own specifications, or items personalised in any way;
  • sealed media items which have been unsealed, such as audio or video recordings, CDs, DVDs or PC software;
  • digital products not contained on a physical storage medium (downloads), as soon as they have been supplied by SARAD after obtaining the Consumers’ consent, also notifying them, using a permanent medium, of the loss of their Right to Cancel in the process.

6. Goods Inspection – Depreciation - Damages

The Consumer shall have the right to inspect any goods received from SARAD. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Consumers right to inspect the purchased goods does not include prolonged use of the items.

The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.

The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Consumer’s liability shall not exceed the purchase price of the item.

7. Limited Availability of Items or Services

In the case of items no longer available at SARAD at the time the Consumer’s order has been received, SARAD reserves the right to either offer the Consumer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, SARAD shall reimburse any payment made by the Consumer. SARAD shall refund Consumers paying On Account by crediting their respective customer account with the appropriate amount.

8. Typographical Errors

SARAD reserves the right to amend product details in printed catalogues/on SARAD websites if they should be found incorrect or incomplete. In these cases the Consumer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, SARAD shall have the right to cancel the order. SARAD shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.

9. Delivery

Unless otherwise agreed, orders dispatched worldwide takes between 2 and 8 weeks. For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. N.B. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Germany, the delivery period is extended to the following working day.

Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Consumer providing to SARAD proof of the claim being made.

10. Delivery Rates

The amount Consumers pay will be the item price quoted plus delivery charges. The delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order).

11. Pricing

All prices quoted on http://sarad-radonshop.com are in EURO and represent the nett amount due, excluding VAT charge at the rate that applies in the Consumer’s country on the day of purchase (Checkout). SARAD reserves the right to individually price items offered online. This means that prices stated on http://sarad-radonshop.com may differ from the prices quoted in SARAD print catalogues/leaflets. SARAD is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. SARAD reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.

Prices quoted in printed editions of SARAD catalogues and leaflets are in EURO and represent the total amount due at the time of the purchase, including VAT charge at the rate that applies in the Consumer’s country on the day the catalogues/leaflets are published. If VAT should increase after the release of printed catalogues/leaflets, SARAD is under legal obligation to implement the VAT increase. Furthermore, SARAD reserves the right to pass on significant price increases caused by SARAD suppliers to the Consumer. Price quotes in the latest print editions of SARAD catalogues supersede all previous publications. Actual price information available online on http://sarad-radonshop.com and by phone (+49 (0) 351 6580712).

SARAD is under legal obligation to implement any price changes in relation to the Fixed Book Price agreement (FBPL), including changes in VAT.

SARAD reserves the right to amend prices if the amount quoted in printed catalogues and on the SARAD webpage should be incorrect or incomplete. In these cases, SARAD shall notify the Consumer of the price change, with the Consumer being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, SARAD shall have the right to cancel the order. SARAD shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.

12. Payment Conditions

All payments are in EURO. SARAD offers the following payment options: Advance Payment, bank transfer (BACS), as well as payment by credit card (if active) and via PayPal.

SARAD reserves the right to limit the payment options offered to individual Consumers, or to suggest a particular payment method.

Defaulting on payment shall incur a payment charge of € 4.- for each reminder sent to the Consumer by SARAD, as well as default interest charged at the rate 12 percent p.a.

Further defaulting on payment shall result in the assignment of a collection agency. All costs associated with recovering the debt are at the expense of the Consumer (legally capped, based on Bundesgesetzblatt 141/1996, as outlined below).

Debt Amount

€ 18.20 to € 73.-

€ 73.- to € 366.-

€ 366.- to € 727.-

> € 727.-

Processing fee

28 %

26.4 %

20.4 %

9.6 %

1st reminder

€ 12.-

€ 23.80

€ 40.50

€ 83.70

Subsequent reminders each

€ 15.60

€ 28.70

€ 45.40

€ 95.60

Quarterly EE charge

€ 7.20

€ 17.20

€ 33.40

€ 33.40

Payments will be applied to interest and charges first.

SARAD shall have the right to provide the debt collection agency with the Consumer’s name (including maiden name, as well as any previous names), gender, last known address, occupation, the amount owed and the Consumer’s previous credit rating.

13. Retention of Title

Title to any items shall remain vested in SARAD and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by SARAD. Any replacement items provided by SARAD shall remain vested in SARAD until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.

14. Warranty

SARAD shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided in SARAD mail order catalogues and on the SARAD webpage (www.sarad.de). SARAD provides a 1-year warranty on all new items for the Non-EU-consumers and 2-year warranty for EU-consumers. The guarantee period commences at the delivery date.

SARAD shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Consumers wishing to make a claim need to contact the manufacturer of the item directly.

In the case of the delivered item being faulty or damaged, SARAD shall either repair the item or provide the Consumer with a replacement item. If SARAD is unable to repair a faulty item, or provide the Consumer with a replacement item, the Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.

Warranties provided by SARAD only apply to single items. Warranties for aggregates of items require a mutual agreement between SARAD and the Consumer at the time of purchase.

SARAD shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.

SARAD receiving a returned item in conjunction with a claim does not automatically constitute SARAD accepting the claim.

15. Liability

SARAD is not liable to the Consumer (or any other parties) for

a. any loss or damage which was not caused by SARAD’s breach of contract or SARAD’s breach of legal duty of care; 
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time SARAD GmbH and you entered into the contract, either
         (i) such loss or damage was contemplated by SARAD and the Consumer, or 
         (ii) the Consumer notified SARAD that the loss or damage may occur if SARAD GmbH breached the Contract or SARAD's legal duty of care;
c. any loss or damage caused by The Consumer’s use of SARAD's webpage, help desks or call centres.

Unless otherwise agreed, SARAD shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Consumer on items purchased from SARAD GmbH.

Nothing in these Terms & Conditions shall affect SARAD’s liabilities under the Consumer Protection Act.

Nothing in these Terms & Conditions shall exclude or limit SARAD's liability for (i) fraud; (ii) personal injury caused by SARAD's negligence; or (iii) liability which may not be excluded or limited under any applicable law.

16. Changes in Customer Details

The Consumer shall notify SARAD immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Consumer‘ personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Consumer’s last known address/contact. SARAD cannot be held responsible for any losses or damages incurred as a result of out-of-date Consumer details.

17. Applicable Law & Jurisdiction

All contractual agreements between SARAD and The Consumer shall be governed by and construed in accordance with the laws of the Germany.

The legal language is German. Although SARAD GmbH offers an English language version of the website content and SARAD’s Terms & Conditions, these translations are provided for the Consumer’s convenience only. The German language version of the Terms & Condition shall govern both the Consumer’s usage of the website and all contractual agreements entered into by placing an order on www.sarad-onlineshop.com.

18. Miscellaneous

By purchasing items from SARAD, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of SARAD going into administration, Consumers exerting their statutory creditor rights against SARAD, compensation orders, and claims accepted for adjudication by SARAD.

The registered office of SARAD GmbH is located at Wiesbadener Straße 10-20, 01159 Dresden, Germany.

Consumers shall notify SARAD of any debt assignments in writing. Until notified, any payments made by SARAD shall be applied to discharge the liabilities.

Both SARAD and the Consumer submit to the exclusive jurisdiction of the Courts of Dresden (Germany) for the determination of disputes arising under any contractual agreement.

SARAD GmbH
Company Reg No: Landesgericht Dresden, HRB8207


Order Cancellation Form (Template)

If you would like to cancel an order, please complete the form

N.B. Order Cancellation Form available in PDF (download here).