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With samova you are supporting an independend company that attaches highest value to quality, sustainability and transparence. Do you have any questions or suggestions? We are looking forward to receive your eMail! Our contact form

General Terms and Conditions


Our Policy

Thank you very much for your interest in samova. We ensure that shopping with us is simple and transparent; being customer-friendly is of utter importance to us. Therefore we have formulated our standard terms and conditions in a very fair manner.

At samova we strive to achieve 100% fairness: In spite of our accuracy, should there be any kind of claim please feel free to contact us. Our aim is to offer you the best products and keep our customers happy.


1. Area of validity of Standard Terms and Conditions

(1) The following Standard Terms and Conditions are valid for all deliveries and offers of samova GmbH & Co. KG, hereafter referred to as samova. Counter-confirmations of the Customer with reference to its own standard or sales terms and conditions are hereby objected to. Deviations from these General Terms and Conditions are only effective if confirmed in written form by samova.

(2) According to these Standard Terms and Conditions, ‘Consumer’ is every natural person who signs an order for such a purpose that attributes neither his trading nor his independent professional activity. An ‘Entrepreneur’ is in the first instance a natural or legal entity or a judicable partnership that in concluding a legal transaction is acting in the execution of its commercial or independent business activity.

 

2. Offer and subject matter of the contract

(1) Our range of articles is not binding. Delivery while stocks last. The order of a Customer is a legal offer to enter into a purchase contract. An effective purchase contract is only upon receipt of a written order confirmation or dispatch of the merchandise ordered.

 

3. Prices, Packaging, Shipment, Partial Delivery

(1) The prices apply to the day the order is placed unless specifically agreed otherwise in written form. All price details on the website are including the applicable value added tax. Offers to Entrepreneurs, meaning companies, are offered net prices, which has to be quoted before value added tax.

(2) All packaging changes into the possession of the Customer.

(3) We deliver via DHL to the shipment address as well as post office stations.

For deliveries within Germany postage and packaging prices for each order amounts to EUR 3.90. For an order value above EUR 50.00 these prices do not apply, delivery is free of charge.

For deliveries within the EU we charge EUR 10.00 for postage and packaging regardless of the order value.

For deliveries to Switzerland we charge EUR 16.00 for postage and packaging regardless of the order value.

 

4. Shipping Period

(1) Generally your consumer orders will be handled within one working day and shipped the following day. The shipping period is determined by the delivery service DHL and is thus not subject to samova. Shipping period therefore is not guaranteed by samova. For orders in Germany shipping time is 1-3 working days.

Should there be any changes in the expected shipping period, the Customer will be informed via email. Provided that the Customer is consumer, he shall be entitled to cancel his order or to make changes free of charge, before the product is delivered, unless agreed otherwise.

(2) In the event that delivery is impossible samova shall be entitled to cancel the order.

(3) Orders from companies will be processed in a timely manner. The delivery period is arranged individually.

 

5. Transfer of Risk and Guarantee

(1) If the customer picks up the merchandise at the samova premises, the risk of accidental loss or accidental deterioration shall be passed to the Customer. If Customer is an Entrepreneur, the risk shall be passed to the Customer, as soon as the merchandise is handed over to the carrier.

(2) The guarantee period begins with delivery of the merchandise and depends on the legal regulations.

(3) Provided that the Customer is a consumer the periods of limitation for statutory claims for defects shall be two years.

(4) If Customer is Enterpreneur the period of limitation is one year and samova has the option for supplementary performance (in form of rectification of defects or to deliver defect-free items); apparent defects in the products or the performance rendered by samova must be notified in written form immediately within 14 days after reception of the merchandise. If defects are not reported in time, the merchandise is deemed to be approved and accepted.

 

6. Disclaimer warranty, liability limitation

(1) The warranty shall not cover damage and defects arising from improper and inappropriate use, non-compliant with user instructions or incorrect or negligent handling or use. This is particularly applicable for improper and insufficient storage.

(2) Apparent defects must be complained in written form immediately, at the latest within 14 days after receipt of merchandise; otherwise all claims shall be excluded. In commercial dealings §§ 377, 387 HGB (German law) apply.

(3) Insofar as the item contains a substantiated defect, samova is obligated to make a reimbursement. The liability does not apply in case of gross negligent or willful cause.

(4) Preceding responsibility-exemption is not effective, if the damage based on intention, gross carelessness, or failure of a warranted feature, breach of essential responsibilities of the agreement, defaults, impossibility, as requirements from §§1, 4 German product-liability-law.


(5) Damage claims against samova or its agents shall be limited to the amount, which reasonably expected to receive at the conclusion of contract. Unless such damage was caused by breach of a cardinal duty, damages shall be limited to a tenfold of the order value at the most.

 

7. Payment

(1) Invoices are sent after delivery of the merchandise and are immediately due and fully payable unless agreed otherwise.

(2) We accept the following methods of payment:

Payment via invoice: As Customer you receive the invoice with the delivery of your merchandise, provided that you agreed to store your data placing your first order.

Payment via credit card: Please provide us with your credit card details and the expiration date of your credit card. We accept VISA, Mastercard or American Express. We will charge your credit card upon shipment.

Payment via PayPal: We accept PayPal payment for registered PayPal customers.

 

8. Retention of title

(1) The ownership of the delivered merchandise shall remain with samova until payment in full for all the merchandise has been received and all claims resulting from the transaction have been met. This shall also apply to conditional claims.

(2) If Buyer is Enterpreneur the following regulations shall apply. In case of access of merchandise in ownership of samova by third-parties, the Customer has to immediately notify samova. Any costs arising in relation to judicial proceedings or settlement out of court which samova undertakes to secure its rights shall be borne by the customer. A claim resulting from the resale or any other legal ground (processing, insurance, tort) with regard to the merchandise subject to retention of title (inclusively of all balance demands from the current account) takes place instead of the merchandise subject to retention of title. We hereby authorize the Customer revocable to collect claims assigned to samova for his own account and his own name. This authorization to collect can be revoked by us at any time should the Customer fail to meet his payment obligations in the due manner.

 

9. Right to withdraw

If the Customer is Consumer he shall have the right to withdraw from the purchase at any time until time of delivery, unless agreed otherwise in written form. The Customer is not required to give reasons for withdrawal.

 

10. Right to withdraw and return

(1) If the Customer is Consumer he shall have the right to withdraw from the contract within a period of two weeks upon receipt, without specifying any reasons in written form (by letter, email or fax) or by returning the merchandise to samova. To protect the Customer’s right to withdraw the Customer shall return the merchandise to:

 

samova  GmbH & Co. KG
Hongkongstr. 1
20457 Hamburg
Germany

Tel.: +49 (0)40 85 40 36 40
Fax: +49 (0)40 85 40 36 36
eMail: contact@samova.net

 

(2) In the event of valid withdrawal, the mutually provided services or products shall be returned and any benefits enjoyed (e.g. use benefits) surrendered. If the customer cannot return the merchandise received in whole or in part or only in deteriorated condition, the Customer must provide compensation. This is not the case, if the depreciation of merchandise is traceable to the inspection of the same, as would have been available to the Customer in a retail shop. Notwithstanding this, the Customer may avoid this liability to make compensation if he does not use the merchandise as his own property, and refrains from all actions that impede the value of the merchandise.

(3) The Customer must return merchandise, which can be sent as package. In case of return of merchandise of which the order value is below EUR 50,00, the Customer shall bear the costs of return, exclusively that is if the merchandise supplied does not correspond to the merchandise ordered. In other cases samova shall bear the costs of return.

 

11. Assignability of Claims

(1) The Customer is not entitled to assign his claims against the Supplier to third parties.

 

12. Privacy

(1) Our data protection practice stands in unison with the German federal law for EU-DSGVO.

(2) The Customer hereby agrees that samova may process, store and evaluate the customer data, which it receives in connection with the business relationship. If you place and order or request other services, samova will need your address and your payment method details for fulfillment purposes. Your data is used to process your order. To this it is also required to provide the details to the own retail organization and/or trading organization (shipping company DHL for the delivery of merchandise). In case of payment methods for which we make advance deliveries (direct debits and credit card) we reserve the right to have a creditworthiness check carried out by one of our partners. Thus we provide data as follows: name, address, date of birth and shipping address.

(3). The e-mail address of the customer uses samova only for information letter to procurement and customer care and, if desired by the customer, for its own newsletter.

samova shall not forward any personal customer data to any third-parties. Exceptions from this are our service partners, whom we use to complete your order. In these cases however, the scope of the data provided shall be limited to the minimum required for performing the service concerned.

(5) The Customer shall be informed about and be given the opportunity to correct, block and delete his personal data. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked. In case of any queries please contact contact@samova.net or send us a letter or fax.

 

(6)  Here you can find the current Privacy terms and conditions.

 

13. Final Provisions

(1) These Standard Terms and Conditions contain all rights and obligations of the contract parties. Any other arrangements or declaration of intend made prior to or upon acceptance of their order shall only be effective if submitted in written form (e.g. letter, fax, email). This also applies to an amendment to the written form requirement.

(2) If the Customer is an Entrepreneur or if he is not a resident of the European Union, our registered office shall be jurisdiction for all disputes between the parties resulting from this contract, including legal actions of bill of exchange and cheque.

(3) German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Merchandise. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.

(4) The validity of the other terms and conditions will not be affected, if one of these terms and conditions becomes invalid. Ineffective provisions will be replaced with effective ones that come as close as possible to the intended economic purpose.

 

samova  GmbH & Co. KG
Öjendorfer Weg 30a
22119 Hamburg
Germany

Tel.: +49 (0)40 85 40 36 40
Fax: +49 (0)40 85 40 36 36
eMail: contact@samova.net

 

Companies register: HRA 98174 Amtsgericht Hamburg

VAT registration number: VAT NO. DE 228273087

Authorised representative: Esin Rager, Sebastian Lechner

Version 2.0 vom 14.04.2010


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