(translated with Google translator)
Terms of Service
1. General
All services provided by the online shop of Simplify PPG GmbH (hereinafter referred to as Simplify PPG) for the customer are made exclusively on the basis of the following terms and conditions. Deviating regulations are only valid if they have been agreed in writing between Simplify PPG and the customer.
2. Conclusion of contract
For the conclusion of the contract with Simplify PPG, only persons are entitled who have reached the age of 18 and are not limited in their ability to work at the time the contract is concluded. The offers of Simplify PPG on the Internet are a non-binding offer to the customer to order goods in the online shop. By ordering goods from the online shop on the Internet, the customer concludes a binding offer to conclude a purchase contract. Simplify PPG is entitled to accept this offer within 7 calendar days by sending an order confirmation. The order is confirmed by Simplify PPG, but at the latest when the goods are delivered. After unanswered expiration of the 7-day period, the offer is considered rejected.
3. Delivery times
All items are shipped promptly, if available from stock and only while stocks last. The delivery time is usually 2-3 business days and begins with the dispatch of the order confirmation. The delivery time is not binding, unless there is a written agreement to the contrary. If an article is not available at short notice, we will inform you by e-mail about the expected delivery time, if we have an address from you. Some items may have a longer delivery time (for example, custom color orders). For delivery delays, such as due to force majeure, traffic disruptions and high-handed orders as well as other events for which Simplify PPG is not responsible, no claim for damages against Simplify PPG can be asserted. If the delivery was delayed due to the fault of subcontractors and was omitted (impossibility), then Simplify PPG is not responsible.
4. Packing and shipping
Simplify PPG charges a pro-rata lump sum for delivery and packaging costs, regardless of the number and weight of the items. For more information and shipping rates, see "Shipping & Delivery" on the Simplify PPG Onlineshop page. At the request of the customer, express deliveries can also be made. The resulting additional costs shall be borne by the customer. At the expense of the customer also a transport insurance can be completed. Transport damages are to be reported immediately to the deliverer.
5. Prices and payment
5.1 All prices quoted are net final prices, plus VAT at the current rate of 19%.
5.2 The final prices do not include the costs for packaging and shipping.
5.3 Due to the constant updating of the web pages of the online shop, information on price and price lost earlier will be lost. Condition of the goods validity. Errors and misprints are reserved.
5.4 The stated price at the time of the submission of the offer of the customer is decisive for the invoicing.
5.5 The payment of the goods takes place on account / prepayment. Exceptions are only valid if they have been agreed in writing between Simplify PPG and the customer.
5.6 The customer is obliged to pay the invoice amount in advance.
5.7 If the customer has not fulfilled his obligation to pay after the expiry of the period specified in paragraph 6, Simplify PPG reserves the right to charge the customer for additional dunning and processing fees resulting therefrom.
5.8 If the customer defaults on payment, the online shop is entitled to claim default interest at the statutory rate. The right of the online shop to assert further claims for damages remains unaffected.
6. Retention of title
Until full payment, the ordered goods remain the property of the Simplify PPG online shop (retention of title). In the event of default of payment by the customer, Simplify PPG is entitled to take back the goods. This is not a withdrawal from the contract, unless this is explicitly stated.
7. Warranty
7.1 The customer's claims against Simplify PPG based on a defect in the goods are governed by the statutory provisions.
7.2 The customer undertakes to examine the goods upon receipt for any defects and to inform Simplify PPG immediately upon detection of such goods. Should the customer find out at a later time that the goods are defective, he is obliged to inform Simplify PPG immediately after discovery. If the customer fails to report a defect, the goods are deemed to have been approved.
7.3. The lack of the goods does not include damage caused by the customer due to improper or non-conforming treatment. Decisive for the impropriety and lack of conformity are the indications of the manufacturer of the goods.
7.4. The warranty period is two years. It starts with the receipt of the goods to run.
7.5. The warranty expires in any case during interventions, repairs or attempts of repair of the buyer or unauthorized third party!
8. Limitation of Liability
Unless otherwise stated below, further claims of the customer, regardless of the legal grounds, are excluded. Therefore, Simplify PPG is not liable for damages that did not occur on the delivery item itself; In particular, Simplify PPG is not liable for lost profits or other financial losses of the customer. Insofar as the contractual liability of Simplify PPG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is due to intent or gross negligence or personal injury. Furthermore, it does not apply if the customer asserts legally regulated claims. The provisions of the Product Liability Act remain unaffected. If Simplify PPG negligently violates a contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage. If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first to Simplify PPG within 30 days at the customer's expense. The return of the defective goods must be made in accordance with the statutory provisions. Simplify PPG reserves the right to claim damages under the statutory conditions. The limitation period is two years. Deadline's beginning occur with the delivery of the thing.
9. Privacy
The customer agrees that his personal data, which is received as part of the business relationship, will be stored and processed electronically.It should be noted that data collected in accordance with this provision are collected and processed solely for the purposes of providing services, in particular for the purpose of order processing and bookkeeping. Simplify PPG does not share customer data with third parties.
10. Copyright
All third-party logos, images and graphics are property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.
11. Jurisdiction
11.1 Jurisdiction is, unless otherwise provided by law, the place of business of Simplify PPG.
11.2 For all disputes that may arise from this legal relationship, Austrian law shall be applied excluding the conflict rules. The application of UN sales law is excluded.
12. Validity of the Terms
By placing an order, the customer accepts the general terms and conditions of Simplify PPG GmbH. If any provision of these Terms and Conditions, for any reason whatsoever, be void, the validity of the remaining provisions shall remain unaffected. Oral agreements require the written confirmation in order to be valid.
Bernau, 03.06.2018
Stefan Zorn
(CEO of Simplify PPG)