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General terms & conditions
§ 1 General
(1) The following terms and conditions apply to all contractual relations between Mr. Samim Achtary, Nord Ring 8, 63065 Offenbach am Main (hereinafter indicated as Sambosa) and its commercial customers.
(2) Deviating terms and conditions apply only if they have been agreed in writing between the parties.
§ 2 Approval
The purchase at Sambosa requires the submission of a business license of the purchaser. Sambosa is a wholesaler and sells its products exclusively to retailers. In case if a customer does not use the goods for resale, Sambosa reserves the right to exclude the customer.
§ 3 Conclusion of contracts
Contracts are made by order of the customer (offer) and the confirmation by Sambosa (acceptance). If the payment is payment in advance the receipt of the invoice is considered as declaration of acceptance.
§ 4 Payment, prices and reservation of title
(1) All prices are exclusive of VAT.
(2) Sambosa only provides after prepayment or payment by PayPal.
(3) The purchase price is payable within 10 days after receipt of the invoice. If the payment is not received on time at Sambosa, Sambosa is entitled to withdraw from the contract.
(4) All goods remain property of Sambosa until full payment of the purchase price.
§ 5 Delivery
(1) Sambosa delivers the ordered goods to the address specified by the customer unless the customer explicitly specifies a different delivery address.
(2) Sambosa is entitled to partial delivery.
(3) The delivery dates are not binding unless Sambosa has promised another delivery date.
(4) If the good is on stock it will be usually shipped by Sambosa within three business days. If the goods are not on stock, Sambosa strives for a proper delivery. Sambosa is entitled to rescind the contract if the goods are not delivered for lack of supplies and it can not be delivered. About the last mentioned case Sambosa informes the customer immediately and refunds if it is case, the received payment back.
§ 6 Warranty
(1) If the the customer is an entrepreneur, he is acc. § 377 obliged for immediate investigation and reprimand. If he misses to do so, the warranty rights of the customer automatically dispenses. With the delivery of the goods, the warranty period of one year begins.
(2) In case of an defect product that was present during the transfer of risk, Sambosa will repair or replace. The customer is obliged to grant the reasonable time period. Recourse claims remain unaffected by the above rules without restriction.
(3) Sambosa is only liable for light carelessness, unless an obligation is hurt, if its compliance is of great importance.
(4) In the case of fraudulent concealment of a defect or in case of a takeover sent a guarantee for the quality of the goods at the time of transfer of risk within the meaning of § 444 BGB, the rights of the purchaser refer only to the statutory provisions.
(1) Sambosa takes unlimited responsibility for damage to life, body or health as a result of a negligent or willful misconduct by Sambosa.
(2) For missing guaranteed quality Sambosa takes responsibility for itself or for his legal representatives and officers unlimited.
(3) For ordinary negligence Sambosa liables only if a duty is violated, that is for the attainment of the purpose of special importance (cardinal obligation). In violation of the cardinal duty, liability is limited to a maximum amount of five times the purchase price which is common in the textile industry.
(4) The liability due to the Product liability law shall remain unaffected.
§ 8 Copyright and intellectual property rights
(1) On the website of Sambosa product pictures are published. These are under the copyright law, therefore, only Sambosa has the right to use them. Sambosa only allows its customers to use these images to sell the bought products. That law, however, can not be transferred to third parties. The acquired right of use expires after selling of the products.
(2) Sambosa doesn't allow customers to change or edit the photographs. Furthermore, the customer may not remove or change the references to the author or Sambosa.
§ 9 Data Protection
The personal information of customers is stored by Sambosa and processed if it is necessary to process the order. Furthermore, Sambosa allows itself to give information to third parties (transport company, bank or postal), if required by the order. Apart from that the stored data will be kept confidential and won't be disclosed to third parties. At the request of the customer that data will be deleted right after the order.
§ 10 Final clause
(1) The German law excluding the UN Sales Convention is held between the Parties.
(2) The jurisdiction for any dispute between Sambosa and its customers is Offenbach, as far as the customer is a merchant within the meaning of the Commercial Code.
