General Terms & Conditions
Terms & Conditions
1.1 The following General Terms and Conditions apply exclusively to all business relations between SKYPAK (Owner: Peter Jorge Fischer) and the Customer in the version valid at the time of order.
1.2 Customers according these Terms and Conditions shall include consumers and businesses/entrepreneurs.
1.2.1 The term Consumer shall apply to any natural person who enters into a legal transaction for purposes which are outside his commercial or independent professional activity.
1.2.2 The term Business/Entrepreneur is any natural person or legal entity or legal business partnership which exercises its independent occupational or commercial activity at the time of concluding a legal transaction.
2. Conclusion of the Contract
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalogue. By clicking on the button marked “send order”, you make a binding order for the goods in your shopping cart. The confirmation of the receipt of your order takes place together with the acceptance of your order directly on sending by an automatical e-mail. With this order confirmation by e-mail, the contract of purchase is achieved.
3. Prices and Shipping Costs
3.1 Prices payable for the merchandise are those in effect at the time of order. All prices are final and are stated in EUR / USD. Prices include the applicable German VAT rates but exclude shipping costs (see shipping table at www.skypak.de/en). Customers are advised of shipping charges again within the shopping cart system.
3.2 The order of deliveries to non-European countries will be displayed without VAT in the shopping cart system. The Costumer itself has to pay tax and duty for deliveries of goods to non-European countries. These costs are not covered or refunded by SKYPAK. Attacking bank fees for overseas bank transfer go to loads of the customer.
4.1 Unless otherwise agreed, merchandise shall be shipped to the delivery address given by the customer. If the merchandise cannot be delivered as the address provided is incorrect, incomplete or differing from the address stated in the order information, the shipping costs from the original order shall be brought to account again for the renewed shipping.
4.2 SKYPAK will dispatch the merchandise as soon as possible on receipt of payment, but not later than within 3 weeks. Exceptions from this rule are the luxuryproducts which will be dispatched as soon as possible on receipt of payment, but not later than within 6 weeks. If it is not possible to meet the delivery date due to circumstances for which SKYPAK cannot be held responsible, the time period for delivery shall be reasonably extended.
4.3 If the Customer purchases the item for his commercial or professional activity, the risk of accidental loss or accidental deterioration shall be assigned to the Customer as of the point in time when SKYPAK has handed the item over to the freight forwarder, the shipping agent or the person or agent designated to perform the shipment.
4.4 If SKYPAK is unable to deliver the ordered goods through no fault of its own, but because the supplier does not comply with his contractual obligations, then SKYPAK shall be entitled to withdraw from its contract with the Customer. In such an event, the Customer will be informed immediately that the ordered item is unavailable. This does not affect the Customer’s statutory rights.
5. Conditions of Payment
5.1 The purchase price is payable immediately upon contract conclusion.
5.2 Customers may pay goods using either advance payment, credit card or PayPal. Moreover, SKYPAK reserves all rights to accept or reject certain methods of payment in individual cases.
5.3 If choosing advance payment the Customer is obliged to pay the purchase price within one week following contract conclusion.
5.4 Should the Customer be in default of payment, SKYPAK shall be entitled to charge default interest in the amount of 5 percentage points above the basic interest rate. If SKYPAK can prove that it has suffered a greater damage, it shall be entitled to claim such damage.
6. Costs incurred
Customers who exercise their Right of Revocation shall have to bear the regular costs of returning the goods if the merchandise delivered is in conformity with what was ordered and if the price of the items returned does not exceed 40 euros or, in the event that the price of the item is higher, the Customer has not yet paid for the goods or made a contractually agreed part payment at the time of revocation. In all other cases Customers can return items free of charge.
7. Cancellation Policy
7.1 Right of Revocation You may cancel your contract in writing (e.g., letter, facsimile, e-mail) within 30 days without stating any grounds or – if you have received the merchandise before the expiry of this period – by returning the item. The period shall commence upon receiving this notification in writing, however, not prior to the delivery of the merchandise to the recipient (in case of recurring delivery of similar goods, not prior to the first part delivery) and equally not before the fulfillment of our duties to furnish information pursuant to section 246 para. 2 EGBGB (Introductory Law to the German Civil Code) in conjunction with sections 1 para. 1 and 2 EGBGB, as well as our duties pursuant to section 312g para. 1 clause 1 BGB in conjunction with section 246 para. 3 EGBGB. The deadline is deemed to have been observed if the notice of revocation or the item have been dispatched on time.
The notice of revocation must be sent to:
SKYPAK Peter Jorge Fischer Theodor-Heuss-Ring 46 50688 Cologne Germany
Fax: +49-221-16 900 812 E-mail: office(at)skypak.de
7.2 Consequences of Revocation In case of effective revocation, the mutually received services are to be granted back and any benefits that may have been accrued (e.g. interest) shall be paid back. If the received services/goods can only be returned in deteriorated condition in full or in part, you may be obliged to pay compensation accordingly. This shall not apply if the deterioration is only due to examination of the merchandise, such as would be possible when buying something in an actual shop. Moreover, you can avoid having to pay compensation for any deterioration of the goods caused by the intended use, by not acting as owner of the goods and by avoiding anything that can lead to a deteriorated condition. Items that can be sent as a parcel are returned at our risk. If the merchandise delivered is in conformity with what was ordered and if the price of the items returned does not exceed 40 euros or, in the event that the price of the item is higher, you have not yet paid for the goods or made a contractually agreed part payment at the time of revocation, you shall have to bear the regular costs of return. In all other cases you can return items free of charge. Items that cannot be sent by parcel post shall be collected. Obligations for the reimbursement of payments must be fulfilled within 30 days. For you, this period begins on the day you send your revocation or the goods and for us, it begins upon receipt.
End of Cancellation Policy
7.3 Exceptions The right of revocation does not apply to goods that were produced according to customer specifications or to goods that unmistakably adapted to personal requirements.
8.1 In accordance with Section 439 of the German Civil Code the client shall, in the case of faulty goods be able to demand their repair or the delivery of faultless chattels (subsequent fulfillment) as he sees fit. In line with Section 439 of the German Civil Code SKYPAK be able to refuse the method of subsequent fulfillment selected by the client should this only be possible at disproportionate cost. Should a second attempt to repair the faulty goods be unsuccessful, the client, in accordance with Section 439 of the German Civil code shall be entitled to demand the delivery of a chattel that is free of defects or a reduction in the purchase price or, or to withdraw from the contract. Such withdrawal shall be ruled out if the defect is minor and negligible. Moreover Section 437 of the German Civil Code shall apply.
8.2 SKYPAK shall be allowed to have the corresponding work to repair the defect carried out by third parties.
8.3 This warranty shall not extend to normal wear and tear, abrasion, external influences, or operating and application errors. The warranty shall become invalid should the client alter the delivered goods, have them altered by third parties, handle them inappropriately, or put them to a use other than that intended, unless the client shall be able to prove that the defects covered by the warranty were caused neither in full nor in part by such alterations and that their repair is not hampered by the alterations.
8.4 Irrespective of other claims based on the warranty, SKYPAK shall be notified of complaints relating to the scope of delivery, manifest defects, wrong deliveries and deviations in the number of goods delivered within a period of two weeks following delivery of the goods (telephone/e-mail/fax/post). In the case of concealed defects notification shall also be made within the warranty deadline. The timely dispatch of notification of the defect shall be deemed as adherence to said deadline.
8.5 The warranty shall begin with delivery of the goods and is governed by legal stipulations. In the case of consumers the limitation period for legal claims for defects is two years. In the case of entrepreneurs it is one year from delivery of the goods.
8.6 The stipulations laid down in Section 377 of the German Commercial Code shall not apply to businessmen. The client must immediately inspect the goods for completeness, conformity to the delivery papers, to the order and for defects. Notice of recognized or recognizable defects must be given in writing. Should no immediate notice to this effect be given the goods shall be recognized as conforming to the contract unless, despite meticulous inspection, the fault was not recognizable.
8.7 To be noted in connection with damage incurred during transportation The Customer must ensure that externally visible defects are immediately certified by the responsible shipping company. All freight carriers are obliged to do so. If any damage becomes apparent while unpacking the goods, which has not been visible before, the Customer is obliged to stop unpacking at once. The shipping company shall immediately be held liable in writing and shall be requested to examine the damage.
9. Saving of the Contract Text
The contract text is saved and the details of your order and the General Terms and Conditions is sent to you by e-mail. You may view the General Terms and Conditions any time here on this page. For reasons of security, your order data will be no longer available via the Internet.
10. Contractual Language
The contract can be concluded in English and German language.
11. Final Provisions
11.1 All disputes arising out of this legal transaction shall be subject to the law of the Federal Republic of Germany. This provision applies to Consumers only in as far as the projection provided by mandatory provisions of the law in the country in which the Consumer is commonly domiciled has not been revoked. The UN Sales Convention (CISG) is excluded.
11.2 Should the Customer be a businessman, legal entity or special fund under public law, then the business location of SKYPAK shall be the exclusive place of jurisdiction for all disputes arising out of this contract. The same applies if the Customer has no general place of jurisdiction in Germany or his place of residence or normal whereabouts are unknown at the time the suit is filed.
11.3 As far as permitted by law, the exclusive court of jurisdiction for all disputes arising out of this contract shall be Cologne, Germany.
11.4 The business location of SKYPAK shall be the place of performance.
11.5 Should one of these provisions be invalid this shall not affect the validity of the other provisions. The invalid term shall be replaced by a legally permissible term that comes economically closest to the original term.