1 Scope of application, definitions
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Registration
(2) For the use and processing of the services offered, it is permitted to process certain personal data of the user. The handling of your data always takes place in accordance with the statutory provisions. More detailed information on data protection in connection with the services offered by the web portal is contained in our data protection notice in the data protection declaration of our website (https://www.sgsgroup.de/de-de/privacy-at-sgs). You are obliged to provide truthful and complete information when registering and to keep this information up to date at all times. After registration you will receive a confirmation to the e-mail address you provided. By clicking on the link in the e-mail, you confirm the accuracy of the information you have provided and complete your registration with the SGS web portal. Keep your access data secret. You are solely responsible for all activities carried out via your customer account.
§ 3 Conclusion of contract
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the order. The contract is only concluded by the submission of the declaration of acceptance by SGS, which is sent with a separate e-mail (order confirmation).
§ 4 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account).
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier will also inform the customer of this immediately in the order confirmation.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can make payment by direct debit, credit card, Amazon Pay, PayPal, Apple Pay, Klarna, Google Pay, iDeal, Shop Pay or Bancontact.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Use of the contents of the SGS web portal
(1) The contents offered on the web portal of SGS may be used by the registered users exclusively for their own purposes in accordance with the contract.
(2) In order to be able to use the services offered by the web portal of SGS, you, for your part, must fulfil certain technical requirements which are not the subject of the services offered by SGS.
§ 8 User obligations
(1) You are obliged to keep your access data (user name, password) secret and not to allow third parties to access your customer account. Your customer account cannot be transferred to third parties. In particular, you are prohibited from providing third parties with access to the services of the SGS web portal via your customer account. You are obliged to inform the SGS web portal immediately (firstname.lastname@example.org) if there are indications that your member account has been misused or if you have become aware that a third party has gained unauthorised knowledge of your access data.
(3) You may not misuse the services offered on the SGS web portal in any way whatsoever. Misuse is deemed to exist in particular in the following cases:
(a) Use beyond personal contractual purposes, in particular use that would require the granting, transfer or exercise of rights under copyright law;
(b) publish or distribute pornographic, obscene, sexist, defamatory, libellous, abusive, threatening, hateful or racist content, information, software or other material;
(c) Any form of advertising of products or services, including the use of data for the dissemination of advertising, unless we have explicitly agreed to this in writing in advance;
(d) taking any action that interferes or may interfere with the functioning of the services of the SGS web portal (for example, by using "robot", "spider" or "offline reader" software to automatically generate user requests over the Internet; e-mail bombing; denial of service attacks; inclusion of harmful components such as viruses, worms, Trojan horses, etc.);
(e) Modification or distribution of areas of the offer, including areas of other users, which have not been explicitly made available to the user for this purpose;
(f) publishing contributions and information with misleading and/or untruthful content.
§ 9 Deletion of content and exclusion from use
(2) We are also entitled to block your access without giving reasons if you have not used the services offered by us for a longer period of time. In this case, you can apply for new access or register again at any time.
(3) You are entitled to delete your customer account at any time and without giving reasons. Send us a corresponding message by e-mail to email@example.com and we will carry out the deletion for you as soon as possible.
10 Liability of the web portal
(1) We are not liable - subject to the provisions in the General Terms and Conditions - for the correctness, quality, completeness, reliability, type and quality of the information and content provided on the websites of third parties to which the SGS web portal is linked or referred. Liability claims against the SGS web portal for material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information shall be limited to the specifications stated in the product-specific General Terms and Conditions.
(2) In all other respects, liability is excluded. This expressly includes liability for the permanent and unrestricted accessibility of the SGS web portal. This is expressly not promised. Furthermore, liability is excluded if the use of the SGS web portal should lead to impairments on devices and the other IT landscape of the user and the associated consequences.
(3) The limitations of liability shall apply only to the extent permitted by law.
§ 11 Cancellation policy
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier informs them of below in accordance with the statutory model.
(1) Right of withdrawal for the provision of services
(a) Right of withdrawal
If the customer is a consumer, he has the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise the right of withdrawal, the customer must inform SGS by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. For this purpose, he may use the enclosed model withdrawal form, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the cancellation right before the expiry of the cancellation period.
(b) Consequences of revocation
If the customer withdraws from this contract, SGS shall refund to the customer all payments received from the customer without undue delay and at the latest within fourteen days from the day on which SGS received the notification of withdrawal from this contract. For this repayment, SGS will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise between the contracting parties; in no case will the customer be charged any fees because of this repayment.
If the customer has requested that the services begin during the withdrawal period, the customer shall pay SGS a reasonable amount corresponding to the proportion of the services already provided up to the time the customer notifies SGS of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
(c) Instruction pursuant to Section 356 (4) BGB
The customer acknowledges that his above mentioned right of withdrawal for the service contract concluded above expires when SGS has provided him with the complete service.
(2) Cancellation policy for the sale of products
(a) Right of withdrawal
You have the right to cancel 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, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
(b) Consequences of revocation
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal 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 for this repayment.
We may refuse to refund you 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 immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
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 testing the quality, characteristics and functioning of the goods.
(3) Sample cancellation form
SGS informs about the model withdrawal form according to the legal regulation as follows:
(If you want to cancel the contract, please fill in this form.
and send it back.)
- To [insert name, address and, if applicable, fax number and
e-mail address of the entrepreneur to be inserted by the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*)
concerning the purchase of the following goods (*)/ the provision of the following services
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete where inapplicable
12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.