Terms and conditions
of SI POS GmbH & Co. KG, Nordstraße 27, 33181 Bad Wünnenberg – Haaren
1. Scope of validity
The following terms and conditions apply to all contracts concluded between you and us for the delivery of goods created by us according to your specifications. Deviating, conflicting or supplementary general terms and conditions on your part shall not become part of the contract unless we have expressly agreed to their validity.
2. Conclusion of contract
(1) You order prefabricated products from us or you commission us with the production of personalised/individualised products by sending us your file templates (images, texts or combinations of images and text) through which the products to be produced by us for you are to be personalised/individualised. By clicking the button “order subject to payment”, you submit a binding offer to conclude a contract with us. We will immediately confirm receipt of your order by e-mail. This order does not yet include the acceptance of your offer to conclude the contract.
(2) We accept a binding application from the customer as follows:
a) If the customer has chosen to pay by PayPal , PayPal-Plus or GiroPay, he will receive an order confirmation from us immediately after receipt of his order, which at the same time contains the acceptance of his binding application to purchase the goods ordered by him. Upon receipt of this e-mail by the customer, the contract is consequently concluded.
(3) In the respective acceptance e-mail or in a further separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation and, in the case of consumers, also of the cancellation policy and model cancellation form) shall be sent by us to the customer on a durable data medium (e-mail or paper printout). The text of the contract shall be stored in compliance with data protection laws.
(4) The contract is concluded in German.
3. Prices/Delivery/Retention of Title
The prices stated on our website when placing the order shall apply. These include the net order value, shipping costs, any other price components and the applicable statutory VAT.
We deliver according to the information on our website, whereby we specify the delivery time in the order process.
The delivered goods remain our property until they have been paid for in full.
4. Prices and shipping costs
(1) All prices stated by us on the website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer exercises his right of revocation.
(3) The goods shall be dispatched by post. We bear the shipping risk if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
5. Payment modalities
(1) The customer can make the payment via PayPal, PayPal-Plus or GiroPay.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the deadline. In this case, he shall pay us interest on arrears for the year at a rate of 5 percentage points above the base interest rate. For entrepreneurs, the default interest shall amount to 9 percentage points above the base interest rate.
(4) The customer’s obligation to pay interest on arrears does not preclude us from asserting further claims for damages caused by arrears.
6. Right of revocation
(1) A large number of the products you order from us are created according to your specifications and are clearly tailored to your personal needs. In the case of such personalised orders, you do not have a right of withdrawal (cf. § 312g para. 2 no. 1 BGB). With regard to all other products, we instruct you as follows in the following paragraphs about your right of withdrawal as a consumer.
(2) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we inform you about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (3). Paragraph (4) contains a model withdrawal form.
Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (SI POS GmbH & Co. KG, Nordstraße 27, 33181 Bad Wünnenberg – Haaren, Germany, Tel.: +49 (0) 2957 – 98 95 – 230, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(3) The right of withdrawal does not apply to distance contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,
- for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period, in particular services relating to shares, to units in open-ended investment funds within the meaning of Section 1 (4) of the German Capital Investment Code and to other tradable securities, foreign exchange, derivatives or money market instruments,
- for the provision of betting and lottery services.
(3) We provide the following information on the model withdrawal form in accordance with the statutory regulations:
——————– Revocation form——————–
If you wish to cancel the contract, please complete and return this form. To
SI POS GmbH & Co. KG
33181 Bad Wünnenberg – Haaren
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) __________________ / received on (*) __________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
________________________________ Date (*) Delete as applicable
7. Claims for defects/liability
With the exception of the following limitation, the statutory provisions shall apply.
However, claims for damages on your part shall only exist if they are attributable to intentional or grossly negligent conduct on our part. This limitation of liability shall not apply in the event of injury to life, limb or health or in the event of a breach of material contractual obligations. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on whose compliance you, as our contractual partner, may regularly rely.
8. OS platform (Art. 14 para. 1 ODR Regulation)
The European Commission provides a platform for online dispute resolution (ODR). You can find this under https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in this.
9. Copyright/criminal contents
You warrant that you hold the necessary copyrights, trademark rights or other rights for all image files and text files transferred to us and the use commissioned by you. You shall indemnify us against all claims of third parties which are asserted against us due to the infringement of property rights of third parties as a result of the execution of the order placed with us by you.
You further warrant that the contents of the files transmitted to us by you do not violate applicable law, in particular the prohibitions of child pornography (§§ 184 ff StGB).
10. Data privacy
11. Final provisions
The law of the Federal Republic of Germany shall apply, however excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumer contracts, however, the mandatory provisions of the state in which you, as our customer, have your habitual residence shall apply.
If you do not have a general place of jurisdiction in Germany or have moved your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is brought or if you are an entrepreneur acting in this capacity, the place of jurisdiction for all disputes shall be Essen. You confirm the validity of these GTC with the jurisdiction clause contained therein by clicking on it during the order process.