General Terms and Conditions
for the online shop at the URL
operated by
simul8 GmbH & Co. KG
rettungszeug.com
Industriestraße 36
87448 Waltenhofen
Email: [email protected]
Phone number: +49 162 4986893
- hereinafter referred to as: Provider -
1. Scope of Application
These General Terms and Conditions (GTC) apply after their inclusion to all contracts for the purchase of goods, services, or other items (hereinafter referred to as "goods") in the online shop at the aforementioned URL in their version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation from the provider to the online shop visitors to submit an offer for the purchase of the goods offered in the shop.
2.2 The order of the goods is made through the provider's online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer for the purchase of the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g., via email) (Order Confirmation) and this order confirmation is sent to the customer, or by delivering the ordered goods and these goods are sent to the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and the payment request is sent to the customer; the decisive moment for the conclusion of the contract is the moment when one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before the binding submission of the order through the provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.
2.4 The provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., via email). There will be no further accessibility of the contract text by the provider. If the purchase is made through a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. Details can be found in the withdrawal information, which is provided to each consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory value-added tax and, if applicable, the shipping costs listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If "prepayment" is agreed, the purchase price is due immediately after the conclusion of the contract.
4.3 If "purchase on account/invoice purchase" is agreed, payment is due immediately after the conclusion of the contract, unless a different payment term is specified in the invoice or during the purchase process.
4.4 If "SEPA direct debit" is agreed, payment is due immediately after the conclusion of the contract. Before the debit of the purchase price, the customer will be informed when to expect the debit of the agreed purchase price (Pre-Notification). The direct debit will not occur before the receipt of this Pre-Notification and not before the deadline mentioned in the Pre-Notification. If the direct debit fails due to insufficient account coverage, the provision of incorrect bank details, or other reasons for which the customer is responsible, the customer bears any potential chargeback fees, provided that the customer is responsible for the failure of the direct debit.
4.5 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.
4.6 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.7 If "Sofortüberweisung" is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. Retention of Title
The purchased goods remain the property of the provider until the purchase price has been paid in full.
6. Delivery and Self-Delivery Reservation
6.1 Subject to different agreements, delivery will take place within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 In the case of freight deliveries, the delivery is made subject to different agreements "free curbside". This means delivery to the nearest public curbside to the specified delivery address.
6.3 If the provider is unable to deliver the ordered goods because they themselves were not supplied without their own fault, despite having concluded a congruent coverage transaction in a timely manner with a reliable supplier, the provider is released from their obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of fulfilling the performance. Any counter-performances already made by the contracting partner will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnification
8.1 The provider is liable without limitation:
- for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless otherwise agreed;
- based on mandatory liability (e.g., under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the typical, foreseeable damage, unless unlimited liability is established according to the preceding paragraph. Material contractual obligations are duties that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.
8.3 Furthermore, the provider's liability as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer indemnifies the provider from any claims by third parties – including the costs of legal defense in their statutory amount – that are asserted against the provider due to unlawful or contractual actions of the customer.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, insofar as this choice of law does not result in a consumer with a habitual residence in the EU being deprived of mandatory legal provisions of the law of their state of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's location shall have jurisdiction, unless an exclusive jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The location of our company can be found in the heading of these terms and conditions.
10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Mediation
The provider is not willing or obligated to participate in dispute resolution procedures before a consumer mediation body.
You can find our email address in the heading of these terms and conditions.