Terms and Conditions (Merchants)
AGB (B2B)
Sky Fox GmbH
Alexander-Meißner-Str. 42
12526 Berlin
Deutschland
Fon: +49 (0)30 864 746 - 0
Fax: +49 (0)30 864 746 – 99
Mail: info@skyfox.com
Managing Director: Kostja Dümke
Commercial register Berlin: HRB 53427
Status: 01.01.2021
Here you will find important information about the offer, conclusion of contract, shipping, etc. Please do not purchase if you do not agree with the "General Terms and Conditions".
Preamble
Sky Fox GmbH (hereinafter referred to as "SKY FOX") offers its customers products of various kinds via this online store.
For this purpose, for all business relationships with our customers, these "General Terms and Conditions" shall regulate some points in deviation from, or in addition to, the statutory provisions, which shall, however, apply in addition, unless otherwise specified herein.
"SKY FOX" attempts to describe and check the goods in its offers as well as possible. If, contrary to expectations, errors are made or there are ambiguities/misunderstandings, please send us a short e-mail so that we can clarify the facts and solve the problem immediately.
1.offer and conclusion of contract
a) Offer
The responsibility of "SKY FOX" for intent or negligence remains unaffected.
b)Conclusion of contract
Customer orders placed with "SKY FOX" via the Internet, e-mail, telephone - +49 (0)30 864746-0 - or fax - +49 (0)30 864746-99 - are offers to which the customer is generally bound for a period of 7 calendar days. By placing an order, the customer makes a binding declaration that he wishes to purchase the contents of his shopping basket (contractual offer). Immediately after placing his order, the purchaser receives a confirmation of receipt from "SKY FOX" by e-mail.
The contract is concluded by order confirmation or dispatch or handover of the goods within a period of 7 calendar days. We are also entitled to accept this contractual offer in whole or in part within the delivery periods specified by us by delivering the goods, issuing a separate order confirmation or in any other suitable manner. The purchase contract is concluded with our express or implied declaration of acceptance, insofar as our declaration of acceptance is sufficient.
2. payment
Payment of orders is possible by PayPal (also without an account by direct debit/credit card) or after activation on account.
Bank details for invoice customers:
Sky Fox GmbH
Alexander-Meißner-Str. 42
12526 Berlin
IBAN: DE06 1009 0000 5252 0980 05
SWIFT-Code (BIC): BEVO DE BB
Any bank charges for the transfer shall be borne by the buyer.
The sales price includes the statutory VAT of currently 7% or 19%. A "shipping costs calculator" is available in the shopping cart, from which you can see the shipping costs that you will incur depending on the shipping method and size of the purchase.
SKY FOX" always specifies shipping costs in advance. Shipping costs to foreign countries require a separate agreement if not listed in the shipping costs calculator.
3. shipping
"SKY FOX" ships 5 days a week. If an e-mail address has been provided, the buyer will receive a shipping confirmation by e-mail after shipping has been completed.
4. revocation instruction, right of revocation
You have the right to withdraw from 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. To exercise your right of withdrawal, you must inform us
Sky Fox GmbH
Management Kostja Dümke
Alexander-Meißner-Str. 42
12526 Berlin
Deutschland
Fax: +49 (0)30-864 746-99
Mail: widerruf@skyfox.com
www.skyfox.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on the left-hand side of the store, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (Sky Fox GmbH, Alexander-Meißner-Str. 42, 12526 Berlin) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
5 Warranty, guarantee
The warranty and guarantee conditions are based on the statutory provisions, unless otherwise stipulated below and under - 6. Liability.
5.1 The warranty is excluded in the event of defects resulting from incorrect (third-party) use, incorrect handling of the goods or their accessories or wear and tear due to overuse or incorrect care.
5.2 Warranty conditions
In case of doubt, the mere presentation of the articles on the website is to be regarded as a mere description of performance and in no way as a guarantee for the quality or durability of the goods. SKY FOX's own guarantees must be expressly designated as such in writing. Guarantee declarations by third parties, in particular manufacturer's guarantees, remain unaffected by this.
6 Liability
6.1 In accordance with the statutory provisions, "SKY FOX" shall be liable without limitation for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by it, its legal representatives or its vicarious agents, as well as for other damages which are based on an intentional or grossly negligent breach of duty and fraudulent intent by it, its legal representatives or vicarious agents. In addition, "SKY FOX" shall be liable without limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act.
6.2 "SKY FOX" shall be liable for damages caused by simple negligence insofar as the negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on compliance with which the contractual partner may regularly rely; however, liability shall be limited to the foreseeable, direct average damage typical for the contract.
6.3 In the event of a slightly negligent breach of insignificant contractual obligations, "SKY FOX" shall not be liable to entrepreneurs; liability to consumers in such cases shall be limited to the foreseeable, direct average damage typical of the contract.
6.4 Any further liability is excluded regardless of the legal nature of the asserted claim; this also applies to tortious claims.
6.5 Insofar as liability is excluded or limited above, this shall also apply to the personal liability of employees, workers, staff and vicarious agents.
7 Retention of title
If a delivery is not made against advance payment due to a corresponding agreement with the customer, ownership of the delivered goods shall only pass to the customer upon full payment of the purchase price. The customer is not entitled to dispose of the goods before the transfer of ownership. As long as "SKY FOX" is still the owner of the goods, the customer must inform "SKY FOX" immediately if third parties assert rights of any kind to the goods.
8 Applicable law, place of jurisdiction
a) a) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
b) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for disputes arising from the contractual relationship shall be the registered office of "SKY FOX" in Berlin.
9. severability clause
Should individual provisions of the contract with the customer, including these "GTC", be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
10. packaging regulation
In accordance with the provisions of the German Packaging Ordinance, we are obliged to take back packaging for our products that does not bear the mark of a system of nationwide disposal (such as the "Green Dot" of Duales System Deutschland AG or the "RESY" symbol) and to ensure that it is reused or disposed of.
For further clarification regarding the return of such products, please contact us by telephone (030-864746-0) or by e-mail (info[at]sky-fox.com).
We will then inform you of a municipal collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us - Sky Fox GmbH, Alexander-Meißner-Str. 42, 12526 Berlin. The packaging will be reused by us or disposed of in accordance with the provisions of the Packaging Ordinance.
11th Battery Ordinance (BattVO)
Please note that you as the end user are legally obliged to return used batteries. Many devices are supplied with batteries that are used, for example, to operate GPS receivers or headsets. Batteries or rechargeable batteries may also be permanently installed in the devices themselves.
In connection with the sale of these batteries or rechargeable batteries, we as a retailer are obliged under the Battery Ordinance to inform our customers of the following:
You are obliged to dispose of used batteries in the manner prescribed by law. Disposal in household waste is expressly prohibited under the Battery Ordinance.
You have the option of taking used batteries to a municipal collection point or to your local retailer free of charge. You can return the batteries you receive from us free of charge after use or send them by post with sufficient postage. The recipient and address for the return is: Sky Fox GmbH, Alexander-Meißner-Str. 42, 12526 Berlin.
When returning used batteries, the contact surfaces of the batteries (+ and - ) must be insulated, otherwise there is a risk of fire. Returns are limited to batteries that Sky Fox carries or has carried in its product range and to the quantity that a customer normally disposes of.
Batteries that contain harmful substances are marked with the symbol of a crossed-out dustbin. Below the dustbin symbol is the chemical name of the harmful substance - for example "Cd" for cadmium, "Pb" for lead or "Hg" for mercury.
You will also find this information again in the documents accompanying the consignment or in the manufacturer's operating instructions.
12. disposal of electrical and electronic equipment (ElektroG)
Law on the marketing, return and environmentally sound disposal of electrical and electronic equipment:
Since August 13, 2005, manufacturers have had to take back old electrical and electronic equipment placed on the market free of charge. Manufacturers must mark their electrical and electronic equipment placed on the market after November 23, 2005 with a symbol (crossed-out wheeled garbage can).
As a retailer, we are legally obliged to inform you that such old appliances must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via the local collection and return systems.
In accordance with the "ElektroG" law of March 23, 2005, we only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can provide evidence of an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment.
13 Collateral agreements, written form
There are no ancillary agreements. Amendments and additions to the contract must be made in writing to be effectiv