Terms and conditions
General Terms and Conditions
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between us via our online shop:
Siems GmbH & Co. KG
Kirchvordener Str. 54-56
31228 Peine - Vöhrum
Siems Geschäftsführung GmbH
CEO: Diana Siems
Kirchvordener Str. 54-56
31228 Peine - Vöhrum
Tel: +49 (0) 5171 25 25 5
Fax: +49 (0) 5171 583 313
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant as defined by §§ 1 ff. of the HGB (German Commercial Code). According to § 13 BGB (German Civil Code), the consumer is any natural person who concludes a legal transaction for purposes, which are predominantly neither commercial nor self-employed. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the execution of its commercial or independent professional activity when concluding a legal transaction. (2) All agreements made between you and us in connection with the purchase contract arise in particular from these GTC, our written order confirmation and our declaration of acceptance. The details of the goods, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on our website.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
(4) Our services and deliveries are carried out exclusively on the basis of these General Terms and Conditions. (5) Conflicting or deviating terms and conditions of the customer shall not be recognised unless we expressly agree to their use. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract. Rather, it is an invitation to place an order. By placing your order you expressly accept the General Terms and Conditions.
(2) By sending an order via the online shop by clicking on the "Send order" button you are placing a legally binding order. You have the additional option of submitting your offer by telephone, in writing, by fax or by e-mail. In principle, you are bound to your binding order after submission. If you have not received a declaration of acceptance, order confirmation or notification of the delivery of the goods or no goods within 5 days, you are no longer bound to the order. In this case the contract is not concluded. We shall inform you about this immediately and reimburse any payments already received without delay. Your right to revoke your order after conclusion of the contract according to § 3 of these GTC remains unaffected.
(3) We will confirm the receipt of your order via the online shop immediately by e-mail. This e-mail does not constitute a binding acceptance of the order, unless it expressly declares acceptance in addition to confirmation of receipt.
(4) A contract is only concluded when we accept the order by means of a declaration of acceptance in text form (e.g. by e-mail) or by delivering the ordered items.
(5) Orders for deliveries abroad can only be considered with a minimum order value. The minimum order value can be found in the price information provided in the online shop.
§ 3 Right of revocation
(1) If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of revocation according to § 3 clause 1, you have to bear the regular costs of the return.
(3) For the rest, the provisions of the following apply to the right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods.
In order to exercise your right of revocation you must contact us via
Siems GmbH & Co.KG
Kirchvordener Str. 54-56
D - 31228 Peine - Vöhrum
Tel: +49 (0) 5171 25 25 5
Fax: +49 (0) 5171 583 313
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) notifying us of your decision to revoke this contract. You can use the attached withdrawal form, although this is not mandatory. If you make use of this option, we will immediately send you confirmation of receipt of your revocation (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we will refund to you all payments we have received from you, including delivery charges (excluding any additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this contract. We will use the same means of transaction used by you in the original transaction for this refund, unless expressly agreed with you otherwise, in which case you will not be charged for the refund. We may refuse to refund you until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and by the latest within fourteen days from the day on which you have notified us of the revocation of the contract. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
- End of the cancellation policy -
(4) The right of revocation does not apply to distance contracts.
(a) for the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which may spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or computer software if you have unsealed the data carriers supplied.
§ 4 Delivery conditions and reservation of prepayment
(1) We are entitled to make partial deliveries provided this is reasonable for you.
(2) The goods in stock will be shipped to existing customers within two working days of receipt of order. With new customers, the goods will be dispatched immediately after receipt of the invoiced amount in our account if the payment method "Advance Payment (bank transfer)" has been selected. If the payment method "Cash on Delivery" is chosen, the dispatch takes place within 2 working days after receipt of order. For goods that are not in stock, the delivery time can be up to two weeks after receipt of order.
(3) In the case of orders from customers with their place of residence or place of business abroad or if there are well-founded indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of prepayment).
If we make use of reservation of prepayment, we will inform you immediately. In this case, the goods will be dispatched immediately after receipt of the purchase price and the shipping costs.
§ 5 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including statutory VAT plus shipping costs. The respective value added tax is shown separately for each product.
(2) The shipping costs are stated in our prices in our online shop and can be accessed via the "Shipping Costs" page. The price including VAT and shipping costs is also displayed in the order form before you send the order.
(3) If we fulfil your order according to § 4 clause 1 by partial deliveries, you only incur shipping costs for the first partial delivery. If the partial deliveries are made at your express request, we will charge shipping costs for each partial delivery.
§ 6 Terms of payment, offsetting, right of retention, retention of title
(1) The conditions for payments can be found by clicking on the "Payment methods" button in the navigation on our website www.adh-fishing.com.
(2) You are not entitled to offset counterclaims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you make a notice of defects or assert counterclaims from the same purchase contract.
(3) As purchaser you may only exercise a right of retention if your counterclaim arises from the same legal relationship. An internal natural and economic relationship is sufficient for the necessary connexity.
(4) The delivered goods remain our property until the purchase price has been paid in full.
(5) If you are an entrepreneur, the following shall apply in addition:
Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted. You are entitled to resell the goods in the ordinary course of business. In this case, all claims arising from the resale in the amount of the invoice amount are hereby assigned to us, the supplier accepting the assignment. The customer is further authorised to collect the claim. Insofar as he/she does not properly comply with this obligation, we reserve the right to collect the claim ourselves.
If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. We undertake to release securities to which we are entitled at your request insofar as the realisable value of our security exceeds the claim to be secured by more than ten percent. The choice of the securities to be released shall be incumbent upon us.
§ 7 Warranty
(1) We shall be liable for material defects and defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB (German Civil Code). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller warranties given by us for certain articles or manufacturer warranties granted by the manufacturers of certain articles shall apply in addition to claims based on material defects and defects of title according to clause (1). If the articles are accompanied by warranty conditions, the details shall result therefrom.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
(2) In other cases we shall only be liable - unless otherwise stipulated in the following paragraph (3) - for breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely, limited to compensation for the foreseeable typical damage. In all other cases, our liability shall be excluded subject to the provision in clause (3).
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) Data communication via the internet cannot be guaranteed without interruption according to the current state of the technology. In this respect, we are neither liable for the permanent nor the uninterrupted availability of the website and the service offered.
§ 9 Copyrights
We have copyright on all images and texts published in our online shop. The use of the pictures and texts is not permitted without our express agreement.
§ 10 Note on the return of packaging
In accordance with the provisions of the Packaging Regulation, we are obliged to take back packaging of our products that does not bear the sign of a system of common disposal (e.g. Grüner Punkt, Duales System Deutschland AG, "RESY") and to ensure that it is reused or disposed of.
For further clarification on the return of these products, please contact us: Siems GmbH & Co. KG, adh-fishing, Kirchvordener Str. 54-56, 31228 Peine; Tel +49 (0) 5171- 25255; Fax +49 (0) 5171- 583313; E-mail firstname.lastname@example.org
We will then name a municipal collection point or a waste disposal company in your area that will accept the packaging free of charge. If this is not possible, you can send the packaging to us free of charge. The packaging will be reused by us or disposed of in accordance with the provisions of the Packaging Regulation.
§ 11 Applicable law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you have placed the order as a consumer and at the time of the order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and are domiciled in Germany at the time the order is placed, the exclusive place of jurisdiction shall be the seller's domicile. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
§ 12 Final provision
The remaining parts of the General Terms and Conditions shall remain binding even if individual provisions are legally ineffective. Any ineffective provisions shall be replaced by dispositive law, if any. Insofar as this would represent an unreasonable hardship for a contracting party, the presumed will of the party shall be consulted for the interpretation.