TERMS AND CONDITIONS
General terms and conditions of
labelfarm GmbH (Operator of smow.com)
§ 1 General Information
Your contractual partner for all orders within the scope of this online offer is labelfarm GmbH, represented by its directors Michael Petersen, Jörg Meinel, Andreas Bobek and David Dimitrov, Spinnereistr. 7 // PF 106, 04179 Leipzig, hereafter referred to as "labelfarm".
All deliveries from labelfarm to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between labelfarm and the consumer (any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity) or merchant (natural or legal persons or a partnership with legal capacity which acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction) and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if labelfarm has agreed to them in writing.
Our general terms and conditions also apply to future business relations with merchants without our having to refer to them again. If the merchant uses his own general terms and conditions, their validity is hereby contradicted. These would only apply as part of the contract if labelfarm expressly agrees to them.
§ 2 Conclusion of the Contract
(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an order with labelfarm.
(2) By completing and submitting an order form on the internet, the customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are correct. The following languages are currently available for the ordering procedure: German, English, French.
labelfarm sends an order confirmation via email to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by labelfarm. The contract only materialises when labelfarm dispatches the product ordered to the customer and confirms the dispatch to the customer with a second email ("Shipping Confirmation").
(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to labelfarm. This proviso shall not apply in the event of short-term disruption to deliveries or if labelfarm can be held responsible for non-delivery, in particular if labelfarm fails to make a congruent hedging transaction in good time. The customer will be informed immediately that the service is not available. If the customer has already paid for the goods, this money will be reimbursed.
§ 3 Delivery/Shipment
(1) Delivery is available to Germany as well as some European countries: More information can be found at www.smow.com.
(2) Delivery shall be conducted by a shipment service provider chosen by labelfarm. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to. Current shipping prices can be viewed at www.smow.com.
(3) A possibility of the self-collection of ordered goods is generally not provided for and requires in individual cases the prior agreement and express consent of labelfarm.
§ 4 Prices
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at www.smow.com.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
§ 5 Payment
(1) Payment will be carried out according to the customer's choice of either credit card, advance payment or other payment methods. labelfarm reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
(2) In case of the method of payment chosen by the customer not being practicable, where labelfarm has met its contractual obligations, in particular if it is the case that a direct debit from the customer's account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by labelfarm or a third party which carried out the transaction.
(4) In the case of intervention of third parties in the handling of payments, then payment in relation to labelfarm only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
(5) If it comes to a default of payment of the customer, labelfarm is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
§ 6 Conditional Sale
(1) Up to the payment of any monies owed to labelfarm the goods remain the property of labelfarm. If the customer is a merchant according to the German Commercial Code (HGB), labelfarm remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 7 Transport damages
Should goods be received with obvious transport damage, the customer will make immediate contact with our customer service and, if possible, note the damage on the delivery note. Such actions will greatly assist labelfarm in pursuing the claims for damages against the transport company. In case of a failure to immediately respond or failure to contact labelfarm, the customer's statutory rights remain unrestricted.
§ 8 Guarantee
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by labelfarm for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) Insofar as a defect is covered by warranty, the customer is entitled within the scope of the statutory provisions to demand subsequent performance first, to withdraw from the contract after failed subsequent performance or to reduce the purchase price.
(3) In the case of return shipments due to defects labelfarm will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, labelfarm shall not be liable for the continuous and uninterrupted availability of the online offer.
(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
(7) labelfarm grants customers voluntary guarantees for certain products or services (e.g. best price guarantee) irrespective of the statutory warranty. The exact conditions for any additional guarantees that may apply can be found on the respective product pages and on special information pages in the online shop.
§ 9 Limitation of Liability
(1) Apart from that, liability on the part of labelfarm follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. labelfarm only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, labelfarm also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) labelfarm's liability is limited to the payment of the foreseeable, typically occurring damage. Liability of labelfarm according to the German Product Liability Act remains unaffected by the abovementioned provisions.
(2) As far as liability of labelfarm is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of labelfarm.
§ 10 Instructions and information about the right of withdrawal for consumers within the meaning of § 13 of the German Civil Code [BGB]
(1) Withdrawal instructions
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 goods – OR – in the case of a contract relating to delivery of a good consisting of multiple lots or pieces, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first lot or piece.
To exercise the right of withdrawal, you must inform us:
Tel +49 341 2222 88 22
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
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 bear the direct costs for the return of parcel-transportable goods from Germany, the Netherlands, Belgium, Austria, Luxembourg, France and Denmark, insofar as these are orders from private customers, i.e. consumers within the meaning of §13 BGB (German Civil Code). Business customers always bear the costs for the return shipment themselves. We charge business customers 19 EUR (incl. VAT) per DHL package when ordering the return of goods that can be sent by parcel post.
We do not bear the costs for the return of goods that cannot be sent by parcel post - irrespective of whether they are private or business customers. For the return shipment of forwarding shipments, we will arrange a collection in consultation with you if necessary. For returns from Germany a flat rate of EUR 69 (incl. VAT) per shipping pallet is charged, for returns from the Netherlands, Belgium, Austria, Luxembourg, France and Denmark a flat rate of EUR 149 (incl. VAT) per shipping pallet is charged.
Returns from EU countries other than those listed above, as well as from non-EU countries (Norway, Switzerland) are handled separately and depending on the specifics of object/location. For more information please contact the smow Customer Service team via +49 341 2222 88 22 or firstname.lastname@example.org.
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 withdrawal instructions
(2) According to § 312d Abs. 4 Nr. 1 BGB the right of withdrawal does neither apply to goods made to the consumer's specifications nor to goods which are clearly personalised.
(3) If the whole contract is withdrawn, labelfarm will also bear the costs of dispatching the goods to the consumer (costs of sending).
§ 11 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, colour, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes as well as product-specific properties.
§ 12 Data Protection
§ 13 Place of Jurisdiction – Place of Fulfilment – Choice of Law
(1) Place of fulfilment for all services is the place of business of labelfarm in Leipzig.
(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Leipzig is the place of general jurisdiction. In such case, labelfarm is also entitled to sue the customer according to the opinion of labelfarm at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
(3) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
§ 14 Additional Information for Payments by Invoice