General Terms and Conditions with Customer Information

The following Terms and Conditions (T&Cs) also include the legally required information on your rights under distance selling regulations and electronic commerce laws.

§ 1 Scope

These T&Cs apply to all deliveries and services provided by Smart Services VS GmbH, Brunnenweg 9, 64331 Weiterstadt (hereinafter “Smart Services VS GmbH”) to both businesses and consumers.
We only supply customers within Germany.
Conflicting terms of the customer are not binding unless expressly confirmed in writing.

§ 2 Contract Partner

Smart Services VS GmbH
Brunnenweg 9
D-64331 Weiterstadt

Contact:
Phone: +49 (0)6150 / 8308345
Email: info@smart-services.biz

VAT ID: DE318360513
Responsible according to §55(2) RStV: Alex Kunkel

§ 3 Offer and Contract Conclusion

Offers to consumers are binding.
Offers to businesses are non-binding unless otherwise stated.
A contract is concluded when we ship the product and confirm with a shipping confirmation.
Prices in catalogues, online shop, and advertisements may change. Technical changes and errors reserved.

§ 4 Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal, described at the end of these T&Cs along with a sample form.

§ 5 Delivery and Delivery Time

Delivery within Germany to the address provided.
Goods are dispatched within two working days after payment.
EU deliveries may take longer.
If delivery fails due to customer circumstances, the customer bears the cost.

§ 6 Customs

Orders outside the EU may incur import duties and taxes, payable by the customer. Smart Services VS GmbH has no control over these charges.

§ 7 Retention of Title

Consumers: goods remain our property until paid in full.
Businesses: goods remain our property until all claims are settled.

§ 8 Contractor’s Lien

We have a contractual lien on items in our possession until all claims are satisfied.

§ 9 Prices, Payment, and Shipping Costs

Prices include VAT. Shipping costs may apply.
Payment methods will be communicated individually.
PayPal payments are subject to PayPal’s terms.
Default interest for businesses: 8% above the base rate.
Shipping risk: at our risk for consumers, at buyer’s risk for businesses once handed to the carrier.

§ 10 Warranty

Consumers: statutory rights apply.
Used goods: warranty limited to 1 year (exceptions apply).
Businesses: warranty limited to 1 year unless otherwise required by law.
Duty to inspect and notify defects applies to merchants (§377 HGB).

§ 12 Storage of Contract Text

The contract text is not stored by us. Customers should save or print the offer themselves.

§ 13 Compensation for Withdrawal by Businesses

If a business withdraws without legal reason, we may charge 15% of the purchase price as liquidated damages, subject to proof of lower damages.

§ 14 Applicable Law

Contracts with businesses are governed by German law, excluding CISG.

§ 15 Contract Language, Jurisdiction, Place of Performance

Contract language is German.
Place of performance: Weiterstadt.
Jurisdiction: our registered office for businesses.

§ 16 Amendments to Sales Conditions

We may change these T&Cs. Orders are subject to the version in effect at the time of ordering.

§ 17 No Waiver

Failure to enforce rights does not constitute a waiver.

§ 18 Severability

If any provision is invalid, the remainder remains effective.

Effective date: June 1, 2014

Right of Withdrawal for Consumers

You may withdraw from this contract within 14 days without giving reasons. The withdrawal period begins when you (or a third party named by you, not the carrier) receive the goods.

To exercise your right, notify us:
Smart Services VS GmbH, Brunnenweg 9, 64331 Weiterstadt
Email: info@smart-services.biz

You may use the sample form below, but it is not mandatory.

Consequences of Withdrawal

We will refund all payments including delivery costs within 14 days.
Refunds use the same payment method unless agreed otherwise.
We may withhold until goods are returned or proof of return is provided.
You must return goods within 14 days; you bear return costs unless goods are non-parcelable.
You are only liable for diminished value caused by handling beyond what is necessary to establish the nature and functioning of the goods.

Exclusions

No right of withdrawal for:

Goods not suitable for return due to hygiene once unsealed,
Sealed goods if seal removed,
Custom-made or personalized goods.

Sample Withdrawal Form

If you wish to withdraw, please complete and return to:

Smart Services VS GmbH
Brunnenweg 9
D-64331 Weiterstadt
Represented by: Alex Kunkel
Email: info@smart-services.biz

I/we hereby withdraw from the contract for the purchase of the following goods:

Description: ________________________
Article No.: ________________________
Ordered/received on: ________________

Customer details:
Name: ________________________
Address: ________________________
Date: ________________________
Signature (only if on paper): __________________