Terms of Service
Sivial GmbH is a family company with a focus on wood and its manual processing. The focus is always on sustainability, fairness and, above all, respectful interaction with one another and with nature.
- The following general terms and conditions (GTC) apply to contracts between Sivial GmbH, Alte Bahnhofstraße 9, 30989 Gehrden (hereinafter referred to as the seller) and the client (hereinafter referred to as the customer) (hereinafter jointly referred to as the parties or the contracting parties) on the provision of services in In connection with gastronomic management.haftung.
- Our services are aimed at end consumers and entrepreneurs.
- The terms and conditions apply exclusively. The customer's terms and conditions are not part of the contracts.
- Individual agreements take precedence over these terms and conditions and are expressly to be included as such in the text of the contract.
3. Conclusion of a contract
- The seller has a large number of wood-related products in his range from which the customer can choose. If the customer makes the product selection via the online shop, he makes a binding offer to purchase the selected products by clicking on the Binding order button. The offer can only be submitted and transmitted if the customer accepts these terms and conditions by ticking the appropriate box when ordering.t.
- The seller automatically sends a confirmation of receipt by email. The confirmation of receipt serves only to confirm that the seller's offer has been received by the seller and, in particular, does not constitute acceptance of the offer.
- The contract is concluded through separate acceptance by the seller. The acceptance is the same when the seller sends the ordered goods
- Images on our website may differ for natural products. The seller is entitled to deliver natural products that differ in structure, color and natural properties, provided that these deviations are in the nature of the thing and are customary in the trade.
- Orders placed by the customer via the contact form on the website, email or any other electronic means represent a binding offer by the customer and require the seller's acceptance to be legally valid. This can be done within up to 14 working days by express confirmation or by actual execution of the contract.
4. Prices and Payment
- All prices mentioned are net prices and do not include the applicable statutory value-added tax, unless these are expressly marked as gross prices.
- Invoices are due within 14 working days after receipt of the invoice, unless something else has been expressly agreed.
- The customer always bears the costs of payments / transfers.
- The seller is also entitled to send the invoices by email to the email address given by the customer.
- If the customer is in default of payment, all outstanding (remaining) claims from the legal relationship become due immediately.g.
Deliveries outside the European Union are generally possible for the following countries:
Switzerland, Great Britain, Turkey, Norway.
6. Retention of Title
- The delivered products remain the property of the seller until full payment has been made. In the case of foreclosure measures by third parties in the delivered products, the customer must notify the seller immediately, handing over the documents necessary for an intervention.
- If the customer is an entrepreneur, the delivered products may be resold in the ordinary course of business. With the conclusion of the contract, the entrepreneur assigns all claims due to the resale to the seller in the amount of the outstanding claim. The entrepreneur remains entitled to collect claims. The seller undertakes not to collect the claim until default occurs or until insolvency proceedings are opened.
- Processing and connection of products under retention of title are done for the seller.
7. Warranty, Disclaimer
- If the customer is an entrepreneur, the warranty period for delivered products is 12 months.
- Unless otherwise regulated below, liability on the part of the seller is excluded.
- The exclusion of liability does not apply to claims that are aimed at compensation and are based on gross negligence or intent or the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (hereinafter»Cardinal obligations« called). Claims for damages due to injury to life, body or health also remain unaffected. This also applies to any breaches of duty by vicarious agents.
- In the event of a breach of cardinal obligations, liability in cases of simple negligence is limited to the damage that is typically associated with the contract and that is foreseeable.
8. Withdrawal / cancellation / revocation
- The seller is entitled to withdraw from the contract if the seller himself has to place an order with his supplier for a customer order and the seller is not supplied for reasons for which he is not responsible. In such a case, the seller undertakes to inform the customer immediately about non-delivery and to reimburse the customer for services rendered.
- If the customer is a consumer, he has a right of withdrawal. Customers who are entrepreneurs or who, when concluding a contract, are exercising their commercial or self-employed activities, do not have a right of revocation. The cancellation policy attached to the terms and conditions is part of the consumer contract.
9. Final provisions
- This contract is subject to German law to the exclusion of the UN sales law.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. This also applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or habitual abode outside of Germany after the conclusion of the contract or whose domicile or habitual abode is not known at the time the action is brought.
- The customer can only offset undisputed or legally established claims.
- The customer is not entitled to assign or transfer his rights and obligations arising from this contract, unless the seller gives written consent.
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation 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 Sivial GmbH, Alte Bahnhofstr. 9, 30989 Gehrden, email: welcome [at] exclusive-trees.com by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
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 to check the nature, properties and functionality of the goods.