Terms and conditions - suba.picnic-makers
Last amendment: 01/02/2019
|Article 1||- Identity of the seller|
|Article 2||- Applicability|
|Article 3||- Who can order online?|
|Article 4||- Our range|
|Article 5||- The price|
|Article 6||- Ordering = entering into an agreement|
|Article 7||- Payment options and refunds|
|Article 8||- Delivery|
|Article 9||- Retention of title|
|Article 10||- Right of withdrawal - return|
|Article 11||- Complaints process en disp|
|Article 12||- Conformity and warranty|
|Article 13||- Intellectual property|
|Article 14||- Default|
|Article 15||- Force majeure|
Article 1 - Identity of the seller
Registered office: Parchimer Straße 46, 22143 Hamburg, Germany (administration only)
Showroom, office address and warehouse : Parchimer Straße 46, 22143 Hamburg, Germany
Company number Germany (EORI): DE 726969753907451
VAT number Germany: DE 158 705 432
You can reach us:
By telephone: +49 (0)40 25 300 200
By fax: +49 (0)40 25 300 222
Via email: firstname.lastname@example.org
Opening hours : Monday to Friday from 8:30 to 17.30.
By appointment you can also visit us after office hours or during the weekend.
Article 2 - Applicability
We make an effort to inform you about these terms and conditions. These outline what we do for you and expect from you.
Placing and order, be it on our website www.suba.picnic-makers.com, be it by telephone or by letter or email, be it in our showroom, counts as explicit acceptance of our terms and conditions that are always available on our website. Furthermore, with every order, together with an order confirmation or at the latest with a delivery, we will provide you with a copy of these terms and conditions, be it on paper, be it in a format that you can safe or print. Furthermore, we recommend that you always read these.
Therefore, to avoid misunderstandings, we ask you to explicitly accept our terms and conditions with every online order. Additional conditions of the client are excluded, except if these have been explicitly accepted by suba.picnic-makers in writing and in advance.
If besides these terms and conditions additional conditions also apply, the aforementioned also applies to those special conditions. If our terms and conditions are in conflict with these special conditions, you as the client can implement the text most advantageous to you.
suba.picnic-makers is authorised to amend the terms and conditions at any time. The applicable version is the one available on the website on the day the order is made.
Only German law applies to our transactions.
Every customer can choose from 6 languages for processing his order, namely: German, English, French, Spanish, Italian and Dutch. The language the client choses will be used to handle the transaction.
Article 3 - Who can order online?
The webshop www.suba.picnic-makers.com is aimed at professionals, being persons, companies, legal persons (or their branches) and liberal professions that use the purchased products in terms of their professional activities.
Who as «consumer » within the meaning of article 1.7 of the law on trade practice of 14 July 1991, being the physical and legal persons who wish to purchase or use the products for private use, visits our website, can occasionally also order online. However, we ask special attention of the consumer for the difference with a B2C webshop such as for instance the mention of prices exclusive of VAT, etc. We recommend that you carefully read the general sales conditions applicable to the webshop www.suba.picnic-makers.com.
To be able to place an order, you have to be at least 18 years old. If you are not 18 years old, we ask you to let your parents or legal guardian place the order. If we notice that an order has been placed by a minor, we can refuse the order.
Article 4 - Our range
We offer a wide range of professional picnic essentials and accessories . If an offer only has limited validity or is subject to specific conditions, we will explicitly mention this.
We always describe our products as complete and accurate as possible and how the ordering process will proceed. The product description is in any case sufficiently detailed for you to make a proper assessment. If we use images, these will be a truthful representation of the goods and/or devices offered.
We guarantee that our goods are in accordance with your order and comply with the normal expectations you are expected to have, taking into account the specifications of the product.
However, honest mistakes can be made. Should an error have been made in the product description or image of an article, then we cannot be held liable. In this case you can refuse the sale agreement without charge.
Article 5 - The Price
We do our best to ensure that the indicated price of every product is always accurate. suba.picnic-makers can, however, not be held responsible for potential typing or printing errors in the webshop or in one of our brochures or price lists.
Taken that we focus on professionals clients and allow transactions across national borders, all our prices are indicated exclusive of VAT in the webshop.
The invoicing of order always occurs inclusive of VAT, unless this concerns a delivery outside the EU or clients with a valid VAT number outside Germany who comply with the requirements of intra-community delivery. In these latter cases to which an exception rule applies, the client does not owe VAT.
German VAT standardly applies to our products.
Article 6 - Ordering = entering into an agreement
If you place an order with us, you will be sent an automatic confirmation of receipt by e-mail. If you have not received this after submitting your order, than a technical error occurred and we ask you to contact us.
Online orders are always accepted by suba.picnic-makers conditionally and in accordance with our possibilities executed as soon as possible.
In our constant focus on 100 % customer satisfaction, every online order is first thoroughly looked at by our employees. Should a problem occur, then you will be notified as soon as possible, normally by the next working day at the latest.
Our agreement is only final and binding after your online order has been processed and as soon as you receive an order confirmation by us via e-mail. The date mentioned on our order confirmation is leading. This order confirmation is deemed to represent to agreement correctly and completely, unless the counter party has objected to this in writing within 5 working days.
Consequently, we are also not obligated to deliver the order items until the moment at which we accept your order and send you an order confirmation. Except an explicit notification that we accept your order, every email, letter, fax, or other form of communication regarding your order is solely informative and does not count as a confirmation of your order.
Up to the moment that we accept your order by sending an order confirmation, you also retain the right to cancel your order without charge. If you or we cancelled the order before we accepted it, we will reimburse every payment made to us, by you or your credit or debit cart institution, for the order of the product as soon as possible.
At explicit request, the client can also be provided with a written order confirmation by post. If so desired, please indicate clearly under comments.
Once an order is final, the ordered good can no longer be cancelled without charge. In this case, the buyer owes a fixed compensation of damages of 30 % of the value of the order, inclusive of VAT.
The goods are sold and considered accepted in our offices and warehouses in Hamburg, whatever the place, method or conditions of the delivery may be.
Article 7 - Payment options & conditions
Payments, refunds and invoicing always occur in Euro.
7.1 ONLINE PAYMENT
In our webshop, we offer the possibility to pay instantly. This way you can ensure that your order will be processed immediately and you will receive the goods as soon as possible.
For every payment with a bankcard, suba.picnic-makers will connect you to the secure platform of Ingenico. Here you can select your payment method. Subsequently, you financial details will be securely processed thanks to an encryption system. The padlock at the bottom of the page, as well as the indication “https:// ” in address bar of your browser ensure
that you are on a secure age of the website.
Here you can choose from the following payment methods:
In this final stage of the ordering process you can still potentially revoke your purchase by cancelling the transaction and clicking the window « Cancel – Return to shop ».
If your card provider refuses to agree with your payment to use, we cannot be held responsible for delays of delivery and/or non-delivery of your order. Orders without valid payment on the name of the registered card holder will not be accepted or processed.
7.2 PAYMENT WHEN COLLECTING GOODS
Would you rather collect the ordered goods yourself at our warehouses in Hamburg, then of course you can pay when collecting the goods (cash / debit card/ credit card). As a standard, ordered goods can be collected within 2 weeks after ordering, unless a later collection date has been explicitly indicated when forwarding the order that we accepted on our order confirmation.
7.3 PAYMENT ON ACCOUNT BEFORE DELIVERY
By opting for this payment method, you will receive an email with all details to fulfil payment by bank transfer. Please note that this payment method could cause some delay in the delivery since your order will only be treated after receival of the payment on our account. We wish to inform you that payment in advance is the standard with suba.picnic-makers. Deviations are only accepted in special circumstance, including government institutions.
Do you still have questions? Is something not entirely clear? Then please contact us or choose this payment option and clearly indicate your question under remarks. We will contact you as soon as possible with an appropriate answer or if necessary will contact you by telephone to clarify.
In case of reimbursement, the original amount is always returned in the currency in which the initial payment has been made. If another currency than the Euro is utilised in your country, then we are not responsible for potential exchange rate fluctuations that could occur between the moment of purchase and the moment of reimbursement.
Article 8 - Delivery
Do you have questions about delivery? Do not worry, perhaps you will find a suitable answer to all your questions below. If not, you can always contact us via email@example.com.
8.1 DELIVERY PERIOD
The delivery period concerns the time necessary until the day the ordered goods are physically sent. We do our best to indicate the stock status and/or expected delivery period as accurately as possible on our website. After processing your order, you will receive an order confirmation which outlines the agreed and/or first possible delivery date. This way you can be certain when you may expect the goods.
If the ordered goods are in stock and the order is received before 16:00 in the afternoon, than your order will be dispatched within 24 hours or on the next working day.
If the order is not or not fully in stock, you will receive clear information about the expected delivery period with your order confirmation at the latest.
In case we, due to new circumstances, still are not able to deliver on time, you will be notified by email before the end of the expected delivery period. A reasonable change of the delivery period is not sufficient cause to cancel the order without charge. However, if an error is made and you are not informed in time, you can cancel your order without charge. In this case, we will pay you, if paid in advance, within 7 days at the latest after cancellation. This situation, however, can never be cause to demand a discount on the price or the payment of damages.
8.2 DELIVERY COSTS
suba.picnic-makers delivers world-wide. For the following country, the delivery costs are calculated online and you can pay immediately. To this effect, we aim to make everything as efficient as possible but especially to package in a way that is safe to transport. Smaller picnic essentials are sent together in one box.
The indicated shipping costs are exclusive of VAT.
Do you wish to have your package delivered in another country not included in the list above? No problem. After submitted the delivery address you will have the option to send the content of your shopping cart as quotation request. This way you will receive a quotation from us including delivery costs within one working day.
Be aware, in case of deliveries outside the EU, you as a client can be charged with the import duty and tax. Import duty and tax are always at the expense of you as a client and are not included in the aforementioned delivery costs.
8.3 DELIVERY & SIGNING FOR RECEIPT
Delivery concerns the delivery of the ordered products by a transporter or courier service mandated by suba.picnic-makers and this on an equal level.
The method of transport, dispatch, packaging etc. are determined by suba.picnic-makers if no special specification has been indicated by the client. Preferably we utilize the following experienced logistical partners:
- GLS (click here for more info)
- DACHSER (click here for more info)
- TNT (click here for more info)
The delivery occurs via a direct delivery of a product to the client against a signature on a transport document or on a scanning device. The client is expected to receive the products as soon as these are offered at the delivery address. We deem it necessary to change the client with potential additional delivery costs or damage suffered by suba.picnic-makers due to an illegitimate refusal of the ordered product (or part thereof), including the stockage-cost.
The dispatches that we organise always occur at our risk of loss and we are coved by CMR insurance. Therefore, you do not have to worry about goods getting lost during transport.
We do ask the client to, at the moment of receipt, to have the necessary reservations and more specifically check if the delivered goods correspond with what is indicated on the purchase order and if there is any visible damage to the packaging.
If the packaging is visibly damaged, you should always report this when signing the transport document or scanning device (for instance, box is dented, ripped + subject to inspection). We recommend in this case to first open the box and inspect the goods before signing. In case of severe damage it is best to immediately refuse the package.
Also if you do not see any visible damage to the packaging, we recommend to always sign “subject to inspection”. Only with this clause will the transporter open an insurance dossier in case of invisible damage.
We also emphasize, in case of damage, to keep the packaging and take clear pictures (pictures of the box, i.e. the state in which the box arrived and especially a picture of the barcode label stuck to the box, even if no damage is visible + pictures of the damage as you encountered it, for instance, while unpacking (inside of the box) + clear pictures that clarify the damage in detail and show where the damage is located (for instance on the leg of a mannequin or on the back).
Of course, we wish to be informed as soon as possible, in any case within 3 working days after receipt of the dispatch. Please add clear pictures immediately. Because, we have to be able to submit a dossier within 5 working days with our logistical partner if we wish to utilize the CMR insurance. If this does not happen, the client is assumed to have approved the dispatch and no complaint dossier will be opened with the insurer and we retain the right to not intervene.
8.4 TRANSPORT TIME
The transport time is dependent on the country where the order will be delivered. Take average transport times into account. Transit time expressed in working days (Mon – Fri):
We cannot be held responsible for any subsequent damage due to late delivery of non -delivery by the transporter utilised by the company. Our liability in these cases remains limited to the value of the items shown to have not been received by the client.
8.5 NONE PRESENT AT DELIVERY
When at delivery nobody is present at the indicated delivery address to receive the order, a note will be left. By means of this note you are able to plan a new delivery or change the delivery address. Take into account that a second delivery is not free of charge and can occur the next working day at the earliest.
In case the order, after being offered by suba.picnic-makers or its utilised transporter, is not accepted or received by the client, suba.picnic-makers is authorised to choose to act:
- as if the agreement has been cancelled by the client.
- or to press for compliance of the agreement and charge potential additional costs (2nd offer, stockage costs).
Article 9 - Retention of title
When you as a client, place an order and choose to collect your order at our warehouse, you are expected to collect within a period of 2 weeks unless agreed otherwise in writing. This period starts the moment that all order products are ready to collect at our warehouse. We will send you an email once your order is complete and ready to collect.
When you as a client, place an order and choose to have the order delivered, we expect payment in advance of the order being dispatched. Your order will remain reserved for 1 week in anticipation of payment. This term starts the date on which the order confirmation is sent to you. Furthermore, we will send an email once your order is complete and ready for dispatch.
If you do not come to collet your order within the set period, we retain the right to return your ordered products to stock and to cancel the order.
The delivered goods remain the property of the seller until the full payment of the invoices.
Article 10 - Right of withdrawal - return
At suba.picnic-makers we aim for 100 % satisfied customers. Not fully satisfied with a purchasedproduct? Then we would like to be informed as soon as possible so that we can find a suitable solution together with you. We make the utmost effort to process your complaint within 2 working days.
10.1 CORPORATE CLIENTS
Return of a product within 3 working days after receipt is not a problem in many cases, if this has been reported in time and all return requirements have been met.
You will inform us, within 3 working days, regarding the product that does not meet your expectation including clarification of the problem. More information under “10.5 PROCEDURE TO FOLLOW”.
If you, as a consumer, place an order online at www.suba.picnic-makers.com, then the European right of withdrawal applies and you can exchange or return the ordered items within fourteen calendar days after receipt of the product, and without providing cause.
Thus, the indication of the reason of return is not mandatory, but can be useful for us to improve our service and range. How to help us with regards to the aforementioned, more information under “10.5 PROCEDURE TO FOLLOW”.
The shipping costs of the return are always charged to the client.
10.3 RETURN REQUIREMENTS
A returned item is only accepted if it complies with all our return requirements. Any deviation can result in a rejection of return:
- The products should be complete (including all).
- Products should be undamaged, unused and in the original (undamaged) packaging. Products may only have been viewed as in a store. If you install or use the products, this means that you have accepted the products.
- When we received your return document, you have 5 working days to deliver your return to us.
Products specifically ordered for the client or custom made for the client, for instance dressmakers’ dummies, items provided with a non-standard colour or logo,… cannot be returned.
10.5 PROCEDURE TO FLLOW
To inform us that a product is damaged or does not fully meet your expectations, and you wish to exchange or return it, we request that you send an email to firstname.lastname@example.org. Please always indicate your customer number, invoice number, the product reference and description of the problem.
In case of damage, please include the following pictures immediately: pictures of the outside of the box, i.e. the state in which the box arrived, also if this does not show damage + a picture of the barcode label stuck to the box + pictures of the damage as you encountered it, for instance, while unpacking (inside of the box) + clear pictures that clarify the damage in detail and show where the damage is located.
We will contact you as soon as possible, normally within 2 working days and offer you the most appropriate solution. If it concerns an item that has to be returned, you will also receive a return document as an attachment to the mail that can be included in the dispatch. This way the process, when the return arrives in our warehouse, can progress quicker.
The shipping costs for return are always charged to the client. Goods can be delivered at the following return address, at the expense and risk of the client:
suba.picnic-makers, Parchimer Straße 46, 22143 Hamburg, Germany
If the product is lost and/or damaged during return shipment, this is thus your responsibility and suba.picnic-makers cannot be held liable.
If you ship a return from outside the European Union, please always use an official courier service (for instance UPS, TNT, DHL,…) that also directly engages the customs formalities.When the return arrives at our warehouse, we will inspect as soon as possible if the product is in compliance with the return requirements and we will inform you of your decision via e-mail. When the product is in compliance with the return requirements we will reimburse the full value of the product.
Should it appear that the product does not comply with the return requirements, then it remains your property and you should collect it within 2 weeks. If so desired we can send the product back, at your expense, with a transport firm. If the rejected return is still in our warehouse after 2 weeks, you will be informed via email that the product will be destroyed.
Article 11 - Complaints process and disputes
Of course, we hope that our clients are always 100% satisfied. However, should you have complaints about our services, we would like to be informed of this so that we can find an appropriate solution together.
Complaints regarding non-conformity or visible damage determined at delivery can be submitted to us in writing within 3 working days after receipt of the goods. More information is available under Article 8 Delivery. After the period the good will be assumed as accepted. Packaging materials have to be kept for potential inspection or return of the goods.
Solely German law applies to all agreements entered into with our clients, regardless of their place of residence, and in case of disputes only the competent German courts are authorised.
Article 12 - Conformity and warranty
The company guarantees that the products and/or services comply with the agreement, the specifications indicated in the range, reasonable demands of propriety and/or usability and the legal regulations and/or government regulations in effect on the date that the agreement was created.
All our products come with a warranty for hidden deficiencies of 12 months with the exception
of consumables. Warrantee for visible deficiencies is excluded as of the acceptance
of the goods, i.e. 3 working days after receipt of the goods. The warrantee is limited to the
repair or replacement with equivalent goods.
Within the warranty period:
If a complaint is justified, all costs for the exchange or repair of an item is at the expense of
Outside the warranty period:
In case of repairs that fall outside the warranty period, costs will be charged. We will inform
you of these in advance.
The complaint is justified if it is not caused by:
- damage due to intent or negligence.
- normal wear and/or damage by not or not correctly taking the manual into account.
Article 13 - Intellectual property
Our website, logos, pictures, names and in general all our communications are protected by intellectual property right, of us, our suppliers or other right holders.
It is forbidden to use and/or apply changes to the intellectual property rights as described in this article. As such, you are not allowed to copy or reproduce drawings, pictures, names, texts, logos, colour combinations, etc. without our explicit written approval in advance.
Article 14 - Default
In case of default of the complete or partial invoice, the remaining amount will legally, and without any notice of default being necessary, increase with a yearly interest of 12% and a fixed compensation of damages of 10 %, with a minimum of 50 EUR. These damages are owed to suba.picnic-makers in order to compensate for all their extra-legal expenses, loss of time and administration costs.
Every default entails the immediate payment of all unpaid invoices and gives us the right, after default, to suspend potential future deliveries, or terminate the agreement, not affecting the right to compensation.
If suba.picnic-makers wishes to employ a lawyer, to collect the invoices or as a result of any dispute, it is agreed that the fees and expenses of this lawyer will be at the expense of the party at fault.
Article 15 - Force majeure (Act of God)
In case of force majeure we are not bound to meet our obligations. In this case we can suspend or obligations for the duration of the force majeure, or permanently terminate the agreement.
Force majeure is every circumstance outside our will and control that hinders the compliance with our obligations in part or in full. This concerns, for instance, strikes, fires, company failures, energy failures, failure of a (telecommunication) network or connection of used communication systems and/or the unavailability of our website at any moment, not or untimely delivery of suppliers and other deployed third parties.