1. Scope
These Terms and Conditions apply to all orders placed through the SMI online shop at scales-measuring.com.
The contracting party and operator of the online shop is:
GerTechOne UG (haftungsbeschränkt)
Mühlgasse 22
78549 Spaichingen
Germany
Commercial Register: HRB 794127
Registration Court: Stuttgart
VAT ID: DE367347447
E-mail: [email protected]
Phone: +49 7424 7033254
SMI is a brand of GerTechOne UG (haftungsbeschränkt).
These Terms and Conditions apply to consumers as well as business customers unless individual provisions expressly state otherwise.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
A business customer is a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the contract.
2. Conclusion of Contract
The presentation of products in our online shop does not constitute a legally binding offer to conclude a purchase contract. It represents an invitation to submit an order.
You can place the desired products in the shopping cart and review or correct your entries before submitting the order.
By clicking the button that completes the order, you submit a binding offer to purchase the goods contained in the shopping cart.
After receiving your order, we may send you an automatic confirmation of receipt by e-mail. This confirmation merely acknowledges that we have received your order and does not necessarily constitute acceptance of your offer.
The purchase contract is concluded when we expressly accept your order, confirm dispatch of the goods or dispatch the ordered goods.
If an ordered product is unexpectedly unavailable, we will inform you as soon as possible. Any payments already received for products that cannot be supplied will be refunded.
3. Prices and Payment
All prices displayed in the online shop are stated in the currency shown on the respective page.
For deliveries within the European Union, prices include statutory VAT where applicable unless otherwise indicated for business customers or specific cross-border transactions.
For deliveries to countries outside the European Union, additional import duties, import VAT, customs clearance charges or other local taxes and fees may apply. Unless expressly stated otherwise, these charges are not included in our prices and must be borne by the recipient.
The payment methods available for a particular order are displayed during checkout.
Depending on the country, customer type and order, available payment methods may include credit card, PayPal, bank transfer or other payment services offered during checkout.
The customer is responsible for providing complete and accurate payment and billing information.
4. Delivery and Shipping
Orders are shipped to the delivery address provided by the customer during checkout.
The available shipping methods, delivery times and shipping costs depend on factors including the destination, weight, dimensions and type of products ordered.
The exact shipping costs applicable to the order are displayed during checkout after the delivery address has been entered and before the order is submitted.
Depending on the shipment, the following delivery methods may be available:
Economy Shipping;
Standard Shipping;
Express Shipping;
pallet or freight shipping;
shipping using the customer's own carrier account by prior agreement.
Delivery times stated in the online shop are estimates unless a binding delivery date has expressly been agreed.
For international deliveries outside the European Union, delivery is generally made according to Delivered at Place (DAP) unless expressly agreed otherwise.
Further information regarding shipping methods, delivery times, shipping costs and international deliveries can be found on our Shipping & Delivery page.
5. Right of Withdrawal and Returns
Consumers generally have a statutory right of withdrawal of 14 days for distance contracts.
Details regarding the exercise of the statutory right of withdrawal, applicable deadlines and legal exceptions are provided in the withdrawal information made available in the online shop.
If a consumer exercises the statutory right of withdrawal, the consumer generally bears the direct costs of returning the goods where this has been communicated in accordance with the applicable legal requirements.
If goods are defective, incorrect or have been damaged during transport and the circumstances are attributable to us, GerTechOne UG will bear the necessary return shipping costs in justified cases.
Customers are requested to contact us before returning goods so that we can provide the appropriate return instructions.
The absence of the original packaging does not automatically exclude a consumer's statutory right of withdrawal. However, the customer may be responsible for any loss in value resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning in accordance with applicable law.
Statutory exceptions to the right of withdrawal remain unaffected. These may apply, in particular, to individually manufactured or configured goods and to sealed goods that are unsuitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
Further information can be found in our Return Policy and statutory withdrawal information.
Calibration, Verification and Individual Services
Many weighing and measuring instruments can be supplied with individually commissioned services such as calibration, DAkkS calibration, verification or other certificates and adjustments.
Where such a service has been individually commissioned and has already been fully performed, the statutory right of withdrawal may expire or may not apply where the applicable legal requirements are met.
This does not affect statutory rights in the event that the service itself was defective or incorrectly performed.
6. Warranty and Liability for Defects
The applicable statutory provisions regarding liability for defects apply.
If a product is defective, customers should contact us and provide the order or invoice number together with a description of the problem.
Depending on the individual circumstances and the applicable statutory provisions, remedies may include repair, replacement, price reduction or other statutory remedies.
Any additional manufacturer's warranty is provided independently of the customer's statutory rights.
A manufacturer's warranty does not limit statutory rights against GerTechOne UG as the seller.
For business customers, different statutory provisions or individually agreed conditions may apply where legally permissible.
7. Liability
GerTechOne UG is liable without limitation in cases of intent and gross negligence and in cases of injury to life, body or health.
We are also liable where mandatory statutory liability applies, including liability under applicable product liability legislation.
In cases of slight negligence involving the breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, insofar as such limitation is legally permissible.
Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the contractual partner may regularly rely.
Any further liability is excluded to the extent permitted by law.
Mandatory statutory liability remains unaffected.
8. Retention of Title
The goods remain the property of GerTechOne UG (haftungsbeschränkt) until full payment of the purchase price.
For business customers, extended retention-of-title provisions may apply where separately agreed and legally permissible.
9. Data Protection
Personal data is processed in accordance with applicable data protection legislation.
Information regarding the collection, processing and use of personal data can be found in our Privacy Policy.
Where external payment providers or shipping service providers are used, the data necessary to process the payment or delivery may be transmitted to the respective service provider in accordance with the applicable legal requirements.
10. Final Provisions
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as this choice of law is legally permissible.
For consumers, this choice of law does not deprive them of mandatory consumer protection provisions applicable in the country of their habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from the contractual relationship shall be the registered office of GerTechOne UG, insofar as legally permissible.
If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected, subject to applicable statutory provisions.
The contract language is the language selected and made available for the respective ordering process.
Contact
GerTechOne UG (haftungsbeschränkt)
SMI – Scales & Measuring Instruments
Mühlgasse 22
78549 Spaichingen
Germany
Commercial Register: HRB 794127
Registration Court: Stuttgart
VAT ID: DE367347447