Conditions general and information clients 

I. Conditions general 

§ 1 Dispositions de base 

(1)The following terms and conditions apply to contracts that you conclude with us as a provider (Smart-99 GmbH) via the website www.smart-99.com. Unless otherwise agreed, the inclusion of your own conditions, if any, is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who carries out a legal transaction purposes that cannot be predominantly attributed to either their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. 

§ 2 Conclusion of the contract 

(1) The subject of the contract is the sale of goods. 

(2) Already with the setting of the respective product on our website, we will make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description. 

(3) The contract comes via the online Shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview. 

As far as you If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. 

Before sending the order, you have the opportunity to enter the information to check again in the order overview, to change it (also using the "back" function of the internet browser) or to cancel the order. By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is stated in the respective offer). 

( 5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters. 

§ 3 Individually designed goods 

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights). or violate existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and assume no liability for errors . 

(4) If stated in the respective offer, we will send you a correction template, which you must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email). The design work will not be carried out without your approval. You are responsible for checking the correction template for accuracy and completeness and notifying us of any errors. We assume no liability for errors not complained about. 

§ 4 Right of retention, retention of title 

(1) A You can only exercise the right of retention if they relate to claims from the same contractual relationship. 

(2) The goods remain our property until the purchase price has been paid in full. < /p>

(3) If you are an entrepreneur, the following also applies: 

a) We retain ownership of the goods until all claims have been settled in full the ongoing business relationship. Before ownership of the reserved goods is transferred, pledging or transfer of security is not permitted. 

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves. 

c) If the reserved goods are combined and mixed, we 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. 

d) We undertake to transfer the securities to which we are entitled Demand to be released to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility. 

§ 5 Warranty 

(1) The statutory ones apply Liability rights for defects.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation only applies then as agreed if you were informed of the contractual declaration by us before we submitted it and the deviation was expressly and separately agreed between the contracting parties. 

(4) As far as you If you are an entrepreneur, the following warranty regulations differ from the above: 

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will, at our discretion, provide a guarantee through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance, provided that the delivery does not correspond to the intended use of the goods. 

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply: 

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence; 

- insofar as we fraudulently concealed the defect or provided a guarantee for the quality of the goods have taken over the item; 

- for items that have been used for a building in accordance with their normal use and have caused its defects; 

- for legal recourse claims that you have against us in connection with defect rights. 

§ 6 Choice of law, place of performance, place of jurisdiction 

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability). 

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this. 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. < /p>

II. Customer information 

1. Identity of the seller 

Smart-99 GmbH Albert-Moser Str. 8 78713 Schramberg Deutschland Telefon: 07422-520259 E-Mail: info@smart-99.com 

Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr. We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards. 

2. Information on the conclusion of the contract 

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.). 

3. Contract language, contract text storage 

3.1. The contract language is German. 

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email. 

3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically. 

4. Codes of Conduct 

4.1. We have subjected ourselves to the buyer seal quality criteria of the Gewerbebund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertification criteria.pdf. 

5. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment methods 

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 

6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.  

6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you. 

6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union. 

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer. 

6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 

7. Terms of delivery 

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. 

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your risk.

8. Statutory liability law for defects 

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I). 

These terms and conditions and customer information were provided by the drawn up by lawyers from the dealer association who specialize in IT law and are constantly checked for legal conformity. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service.