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GENERAL TERMS AND CONDITIONS OF BUSINESS (GCB) END CUSTOMERS
Supernova GmbH, hereinafter referred to as Supernova
As of 20.10.2020
1. Scope of application
1. the following general terms and conditions apply to all business relations between us and the customer. The version that is valid at the time of the contract conclusion is decisive.
2. Customer in the sense of these terms and conditions are exclusively consumers. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
3. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract even if they are known, unless their validity is expressly agreed in writing.
§ 2 Conclusion of contract
1. The conditions for our goods are subject to change and non-binding. Our presentation of goods on the internet does not constitute an offer, but rather a non-binding invitation for the customer to place an order. Technical and other changes in form, color, or weight remain reserved within reasonable limits.
2. The online order merely constitutes an offer by the customer to Supernova to conclude a purchase contract. The order confirmation via email does not constitute acceptance, but merely informs the customer that their order has been received by Supernova. Acceptance of a telephone order does not constitute a binding acceptance by Supernova. The order is accepted by the dispatch of the goods or, in the case of advance payment, by a request for payment via email.
3. Supernova is free to decline online orders. Supernova is entitled to accept the contractual offer contained in the order within two weeks. For electronically ordered goods, Supernova is entitled to accept the order within three business days after receipt by Supernova.
4. Supernova is entitled to limit the order to a household quantity of a maximum of 3 items.
5. The conclusion of the contract is subject to the condition that, in the event of incorrect or improper self-supply, Supernova does not have to deliver at all or only partially. This only applies if the non-delivery is not attributable to Supernova.
6. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
7. The contract language is German.
8. Contract Partner The purchase contract is concluded with Supernova GmbH, hereinafter referred to as Supernova, owner: Marcus Wallmeyer, Industriestraße 26, 79194 Gundelfingen, Commercial Register: HRA 704216, Freiburg i.Br. District Court.
§ 3 Delivery
The goods are delivered to the delivery address specified by the customer. The delivery is only carried out within Germany with DHL, abroad with UPSThe delivery time is generally 2-5 days. We indicate any different delivery times on the respective product page.
§ 4 Remuneration
1.1. The offered price is binding. All prices are quoted in euros and, in the case of non-export of the goods from the EU, include the statutory VAT. The prices listed on the product pages include statutory VAT and other price components.
1.2. In the case of mail-order purchases, the price is understood to be plus a shipping fee in accordance with § 5 of the General Terms and Conditions.
1.3. The customer may choose to pay in advance or via PayPal. Supernova reserves the right to exclude individual payment methods. Deliveries abroad can be paid for in advance or via PayPal.
2. There is no minimum order value.
3. Customers who export the goods from the EU may have the statutory VAT refunded, provided the customs office issues the corresponding certificate. To do so, the customer must submit a proper export certificate with a customs stamp in the original to us. In the case of a refund to a foreign account, additional conditions may apply.
4. If the payment method chosen is advance payment, we will provide our bank details in the order confirmation and ship the goods after receiving the payment.
§ 5 Shipping costs
1. The customer bears the costs of shipping from the location of the Supernova company. The shipping costs are clearly communicated to you on the product pages, in the shopping cart system and on the order page. 2. The shipping costs can be found at: www.supernova-lights.com 3. The customs taxes, VAT and the cost of costing will automatically be at the expense of the recipient.
§ 6 Revocation for purchases
Cancellation Policy:
1. Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us Supernova GmbH,Industriestraße 26, 79194 Gundelfingen, info@supernova-design.com, Tel.: +49 (0) 761 600 629 - 0 by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
2. Consequences of revocation:
If you withdraw from this contract, we have promised you all that we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different type of delivery than that offered by us, instead choosing standard delivery have), and repay it delayed within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that YOU used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You have to send back the goods or hand them over to us unexpectedly and in any case within 14 days from the day on which YOU inform us about the cancellation of this contract. The deadline is met if YOU send off the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is not necessarily caused by an examination of the nature, properties and functioning of the goods.
End of the cancellation policy
We will gladly send you a DHL return label. Please visit www.supernova-lights.com. This service is free of charge for returns from Germany, Belgium, Luxembourg, Netherlands and Austria. The return labels are only a service from us and not a prerequisite for exercising your right of withdrawal - you are entitled to this in any case.
§ 8 Warranty for defects
1. Consumers have the choice whether the supplementary performance shall be carried out by repair or replacement. Supernova is entitled to refuse the type of chosen supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
2. If the supplementary performance fails, the customer may in principle, at its option, demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) as well as damages. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses compensation for damages, the limitations of liability pursuant to § 10 of the GTC shall apply.
3. For consumers, the warranty period is two years from delivery of the goods..
4. Supernova does not give any guarantees to its customers in the legal sense. Manufacturer's warranties remain unaffected.
§ 9 Right of return for unused goods
The company Supernova grants the customer independently and in addition to the right of withdrawal from § 6 and § 7 a 30-day right of return from delivery of the goods. This right of return only applies to goods that have not been used. As far as the customer has carried out an "inspection of the condition, the properties and the functioning" of the goods according to § 6 and § 7, this is not considered as putting the goods into use.
§ 10 Limitations of liability
In case of slightly negligent breaches of duty, the liability of Supernova as well as its vicarious agents is limited to the foreseeable, contract-typical, direct average damage. Supernova and its vicarious agents are not liable for slightly negligent breaches of non-contractual obligations, the breach of which does not endanger the performance of the contract. The above limitations of liability do not apply to claims of the customer based on product liability or warranty. Furthermore, the limitations of liability do not apply in case of bodily injury or damage to health attributable to Supernova or in case of loss of life of the customer.
§ 11 Retention of title
1. The delivered goods remain the property of Supernova until full payment by the customer.
2. The customer is obliged to treat the goods with care during the existence of the reservation of title. If maintenance and inspection works are necessary, the customer has to carry them out regularly at his own expense. The customer has to inform Supernova immediately in text form about all accesses of third parties to the goods, especially about execution measures, as well as about possible damages or the destruction of the goods. The customer must immediately notify Supernova of any change of ownership of the goods and of any change of address. The customer shall compensate for all damages and costs arising from a breach of these obligations and from necessary intervention measures against third party access to the goods.
3. Supernova is entitled to withdraw from the contract and to demand the return of the goods in case of breach of contract by the customer, especially in case of default of payment. In addition, Supernova is entitled to withdraw from the contract in case of violation of an obligation according to paragraph 2 and to demand the return of the goods if adherence to the contract is no longer reasonable.
§ 12 Packing
The sales packaging distributed by us participates in the exemption system of Landbell AG, Rheinstraße 4L, 55116 Mainz, and can therefore be placed in the containers used by Landbell AG (yellow bag and yellow garbage can for lightweight plastic packaging or waste paper container for paper, cardboard and cardboard or glass container for glass).
§ 13 Dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for consumers for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Place of Jurisdiction and Applicable Law
1. The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
General Terms and Conditions of Sale (GTC) for Commercial Transactions
FA. SUPERNOVA DESIGN (INH. MARCUS WALLMEYER)
Stand: 27. April 2021
1. scope
1.1 These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall only recognise terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale if we expressly agree to their validity in writing.
1.2 These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser, insofar as these are legal transactions of a related nature.
2. Offer and conclusion of contract
If an order is to be regarded as an offer in accordance with § 145 BGB, we may accept it within two weeks.
3. Documents handed over
We reserve the property rights and copyrights to all documents provided to the purchaser in connection with the placing of the order - also in electronic form - such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give our express written consent to this effect.
4. Prices and payment
4.1 Unless otherwise agreed in writing, our prices are ex works including packaging and plus value added tax at the applicable rate.
4.2 Payment of the purchase price shall be made exclusively to the account stated on the invoice. The deduction of a discount is only permissible with a special written agreement.
4.3 Unless otherwise agreed, the purchase price shall be paid within 10 days of delivery. Interest on arrears shall be charged at a rate of 6 % above the respective base rate p.a.. We reserve the right to claim higher damages caused by default.
5. Rights of retention
The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
6. Delivery time
6.1 The commencement of the delivery period stated by us shall be subject to the timely and proper fulfilment of the purchaser's obligations. We reserve the right to plead non-performance of the contract.
6.2 If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay. 7.
7. Transfer of risk in case of shipment
If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
8. Retention of title
8.1 We retain title to the delivered goods until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer acts in breach of contract.
8.2 As long as the ownership has not yet passed to him, the customer is obliged to treat the object of sale with care. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible in the case of the sale of high-value goods).
8.3 The customer is entitled to resell the goods subject to retention of title in the normal course of business. The Purchaser hereby assigns to us the claims against the customer arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased goods have been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or there is no cessation of payments.
8.4 We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.
9 Warranty and notice of defects as well as recourse/manufacturer recourse
9.1 The purchaser's warranty rights presuppose that he has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
9.2 Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health which are based on an intentional or negligent breach of duty by the user.
Insofar as longer periods are prescribed by law in accordance with § 438 para. 1 no. 2 BGB (buildings and items for buildings), § 445 b BGB (right of recourse) and § 634a para. 1 BGB (construction defects), these periods shall apply. Our consent must be obtained before any goods are returned.
9.3 If, despite all due care, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
9.4 If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
9.5 Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If the purchaser or third parties carry out improper repair work or modifications, there shall also be no claims for defects for these and the resulting consequences.
9.6 The purchaser's right of recourse against us shall only exist insofar as the purchaser has not entered into any agreements with its customer that go beyond the legally mandatory claims for defects. Furthermore, paragraph 6 shall apply accordingly to the scope of the purchaser's right of recourse against the supplier.
10. Miscellaneous
10.1 This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.
10.3 All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
Products with a long service life, up to 5 years warranty
All products come with CO2 neutral shipping, e.g. DHL GoGreen Plus
PVC free products and avoidance of plastic waste
Eco-stream & wind gas from Green Planet Energy
Fleet consists of E-vehicles or wheels
Environmentally friendly materials & recyclebare packaging