Terms and conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as provider (Klever Company) via the website www. simplyspray. de. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is objected to.

2. Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur means any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract

1. The subject-matter of the contract shall be the sale of goods.

(2) Already with the placement of the respective product on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions indicated in the article description.

3. The contract shall be concluded via the online shopping basket system as follows:
The goods intended for purchase are stored in the “shopping cart. ” Via the corresponding button in the navigation bar you can open the “Shopping Cart” and make changes there at any time.
After accessing the “Cashout” page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e. g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If there is a forwarding to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, the order data will be displayed as an order summary on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before sending the order, you have the option to check the information in the order summary again, to change it (also via the “back” function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button (“buy” or similar designation), you declare legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for the creation of an offer are non-binding for you. We submit you a binding offer in text form (e. g. by e-mail), which you can accept within 5 days (if no other deadline is indicated in the respective offer).

(5) The processing of the order and transmission of all necessary information in connection with the conclusion of the contract is partly automated by e-mail. Therefore, you have to ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany.

Installment purchase: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions indicated in the cashier. The instalment payment is due at the end of each month after sending a monthly invoice by Klarna. Further information on installments including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available can be found here (available only in the countries indicated): Germany.

Direct debit: The debit is made after dispatch of the goods. The date will be communicated to you by e-mail.

Credit card (Visa/Mastercard): Available in Germany. The debit will be made after dispatch of the goods or tickets / availability of the service or in the case of a subscription according to the times communicated.

The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit assessment. In this respect, we will forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and creditworthiness verification. Please understand that we are only able to offer you payment methods that are permissible on the basis of the results of the credit assessment.

Further information and Klarna’s Terms of Use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations.

More information about Klarna can be found here. You can find the Klarna app here.

(2) SEPA direct debit (basic and/or corporate direct debit)
If you pay by SEPA Basic Direct Debit or SEPA Corporate Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a SEPA mandate.
The direct debit will be collected within 10 days of the conclusion of the contract.
The deadline for sending the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account is sufficiently covered by the due date. In the event of a return debit due to your fault, you have to bear the applicable bank fee.

§ 4 Right of retention, retention of title

(1) You may exercise a right of retention only insofar as it concerns receivables from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory defect liability rights exist.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.

Section 6 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the consumer’s habitual residence (principle of advantage).

(2) The provisions of the UN Sales Convention are expressly not applicable.

II. Customer information

1. Identity of the Seller

Simplyspray Klever company
Hansastrasse 9a
40 764 Langenfeld
Telephone: 02 204 999 550
E-Mail: info@simplyspray. de

Alternative dispute resolution:
The European Commission is providing a platform for out-of-court online dispute resolution (ODR) available at https://ec. europa. eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with the provisions “Conclusion of the Contract” of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3. 1. The contract language is German .

3. 2. We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or saved electronically via the print function of the browser. After receipt of the order, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3. 3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e. g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4. 1. We have submitted to the buyer’s seal of quality criteria of the Händlerbund Management AG, available at: https://www. haendlerbund. de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien. pdf.

5. Essential characteristics of the good or service

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and methods of payment

6. 1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6. 2. Shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of charge is promised.

6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. terms of delivery

7.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

8. legal liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 27.10.2020