Condiții comerciale generale

A. General Terms and Conditions 

1. Scope and provider

1.1. 
The following General Terms and Conditions (T&Cs) shall apply to all orders for goods placed by consumers via the online shop www.satisfyer.com.

The Contracting Parties are

Triple A Marketing GmbH
Am Lenkwerk 3
33609 Bielefeld
Managing Director: Sven Pelka
VAT ID No.: DE 815733289
Commercial Register number:  HRB no. 42816
Registration court: District court Bielefeld
(hereinafter also “GmbH)

Even if EIS GmbH permits transactions via the online shop, EIS GmbH is neither the buyer nor seller of third-party products.

1.2. 
A consumer in the sense of the law and these T&Cs are natural persons with whom we enter into business relations, whereby this does not represent a commercial or independent professional activity.

1.3. 
All deliveries and services ordered via the online shop under the internet domain www.satisfyer.com and performed by us as part of this contract shall take place exclusively on the basis of the following T&Cs valid at the time the order is placed.

1.4. 
Individual contract agreements have priority over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions do not form part of the contract, unless their validity has been expressly agreed.

1.5. 
Delivery areas include the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (excluding overseas territories), Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.

2. Conclusion of contracts

2.1. 
By placing an order on the website, the customer enters into a binding contractual agreement with regards to the individual items ordered by them. We only deliver standard household quantities to end consumers ordering products for private use.

2.2. 
The order is automatically placed via the shop system. Receipt of the order will be confirmed in each instance. We would like to point out that the majority of automated confirmations do not represent acceptance of the order, but rather confirm that the order has been received and is being processed by us.

We will therefore separately confirm the order but, for the purpose of simplicity and speed, link this to the initial confirmation, meaning the customer may combine both together. 

2.3. 
Should our order confirmation contain typing errors or misprints or should our pricing be based on technical transmission errors, shall be entitled to rescind, whereby we must prove our error to the customer. In this case, payments that have already been received will be repaid without undue delay.

3. Delivery, reservation of delivery by ourselves and right of retention

3.1. 
Deliveries shall be made using the courier provider, DHL.
We would like to point out that we can only deliver within the time frame specified in Section 1.5. and that, for organisation reasons, we are unable to reimburse VAT.

3.2. 
Should not all ordered goods be in stock, we reserve the right to make partial shipments at the customer’s cost providing this is reasonable for the customer. 

3.3. 
We exclusively reserve the right to withdraw from an agreement should we, through no fault of our own, be unable to deliver the goods ordered due to the supplier failing to meet their contractual obligations regarding the product ordered by the customer. In this event, we will notify the customer of non-availability of the goods and reimburse the customer for any payments already received.

3.4. 
Should delivery be delayed due to force majeure, war, strikes by GmbH suppliers or natural disasters, we reserve the right to discontinue delivery for these reasons. 

3.5. 
The right of retention will only exist for the customer if the counterclaim is based on the same contractual relationship. If this is not the case, the right of retention shall be withdrawn.

4. Retention of title

The goods shall remain our property until full payment has been made.
Prior to the transfer of title, any pledging, assignment as security, processing or reconfiguration shall not be permitted without our express consent.

5. Shipping and payment 

5.1. 
All prices are inclusive of VAT and other price components. By updating the website, all previous prices and other details about the goods will become invalid. The pricing stated at the time of ordering the goods shall apply.

5.2. 
Shipping rates depend on the selected shipping speed and weight/size of the items.
To determine the applicable shipping rate for items in your Cart:
1. Select Proceed to Checkout or Edit cart
2. Select or add your shipping address
3. Select a shipping option (if available) and select ContinueThe total shipping & handling cost will be listed under Order Summary.

5.3. 
Payment for goods ordered can be made by credit card of via PayPal. Please note that your credit card will be charged upon receipt of order.

5.4. 
If choosing PayPal as your payment method, you will be required to provide your email address and password at the end of the ordering process in the PayPal form that appears. The payment due will be immediately transferred to our account. Shipment will be made upon confirmation of payment from PayPal. Please note that if choosing PayPal as your payment method, the “PayPal User Agreement” of PayPal (Europe) S.à r.l. & Cie, S.C.A. will apply. The User Agreement applicable to your contractual relationship with PayPal (Europe) S.à r.l. & Cie, S.C.A. is available to download at www.paypal.com.

5.5. 
In the event of a return debit note unlawfully caused by the customer, i.e. a return debit note due to lack of funds in the specified bank account despite prior legitimation of the debit note by the customer or due to unlawful objection to our debit note or at least negligently incorrect entry of the bank details, the customer shall reimburse us for the costs incurred by us as a result of the failed payment transaction in the amount of EUR 6.00 per return debit note. There is no obligation to reimburse costs if the return debit note is justified, for example because a contract on which the direct debit is based was previously effectively revoked.

5.6. 
In the event of unjustified refusal to accept the goods delivered by us, the customer shall be obliged to reimburse us for the costs incurred by us as a result, in the amount of EUR 10.00. Our right to fulfill the sales contract remains unaffected. Of course, the customer is always entitled to prove that our costs resulting from the unjustified refusal of acceptance were lower than the stated lump sum of EUR 10.00. Should the costs have been lower in individual cases, the customer is only obliged to pay the lower amount.

6. Right of cancellation for consumers

6.1. 
Consumers have a right to cancel within 14 days.
A consumer in the sense of Section 13 of the German Civil Code (BGB) and these T&Cs are natural persons with whom we enter into business relations whereby this does not represent a commercial or independent professional activity.

Cancellation policy

Cancellation right
You have the right to cancel this contract within 14 days without providing a reason. The cancellation period amounts to 14 days from the day on which you or a third party you appointed, who is not the carrier, took or has taken possession of the last goods.

To exercise this cancellation right, the company

must notify us by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. If you wish, you can use the enclosed sample cancellation form, although it is not obligatory. In order to comply with the cancellation deadline, it suffices to send the notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.

Effects of cancellation
If you cancel this contract, we are obliged reimburse all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of shipping than the lowest cost standard shipping we offer), with repayment taking place immediately, or no later that 14 days from the date on which we received your notification to cancel the contract with us. We use the same method that you used for the original transaction for this reimbursement, unless otherwise expressly agreed with you. Under no circumstances will we charge a fee for this repayment. We may withhold repayment until we have received the goods to be returned, or you can demonstrate you have returned the goods, whichever is the earlier.

You have to return or hand over the goods immediately and, in all events, no later than 14 days from the date you inform us of your wish to cancel this contract. The deadline shall be considered complied with if you send off the goods before the end of the period of 14 days.

You bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods, when the loss in value is attributable to an unnecessary procedure undertaken with you to ascertain the quality, characteristics and functioning of the goods.

End of the cancellation policy
No right of cancellation shall exist for the delivery of sealed goods which, for health protection or hygiene reasons cannot be returned, if their seal has been removed after delivery and for the delivery of audio and video recordings or computer software in a sealed package, if the seal has been removed after the delivery.

No right of cancellation shall exist for the delivery of audio and video recordings or computer software in a sealed package, if the seal has been removed after the delivery.

You will find a sample cancellation form here. If you do not have a PDF reader installed on your computer, you can download the necessary programme free of charge by clicking on the following link: http://get.adobe.com/de/reader/.

6.2. 
Please avoid damage or soiling of goods. Please return the goods to us in their original packaging if possible and with all packaging accessories. Use protective additional packaging if necessary. If you no longer have the original packaging, please use packaging that will provide sufficient protection against transport damage to avoid any claims for compensation as a result of damage due to inadequate packaging.

6.3.
Please frank the package accordingly to avoid additional postage charges. We will refund any postage costs provided these are not required to be paid by you.

6.4. 
Please note that compliance with the activities listed in 6.2 and 6.3 are not mandatory to effectively exercise the right of cancellation.

7. Agreement to exercise the right of cancellation for consumers
Consumers in the sense of the law and pursuant to Section 1.2 of these T&Cs have the option of exercising their right of cancellation by returning the goods in respect of distance contracts. Within the cancellation period of 14 days, the consumer is responsible for exercising their right of cancellation within good time and clearly labelling returned goods as such so that we can recognise that they have been returned as part of a right of cancellation. If multiple goods are returned to us, the consumer must make clear which of the returned goods are subject to the right of cancellation in respect of distance contracts. If multiple goods returned to us are not labelled or not labelled as revoked or returned goods, the consumer’s right of cancellation shall no longer apply and will be deemed as not exercised in time.

8. Warranty
Legal warranty conditions apply. The warranty period shall begin with the transfer of the goods.

9. Guarantee
In addition to the statutory warranty, we offer a 15-year guarantee in accordance with the following provisions. The period of guarantee is valid for 15 years and begins upon expiry of the statutory warranty period. Excluded from the 15-year guarantee period are condoms, lubricants, massage oils, aphrodisiacs and CDs. In the event of a guarantee claim, you will be required to return the goods to us.

It will be your responsibility to bear the shipping costs. Upon inspection of the goods and in compliance with the guarantee according to the terms and conditions, we will reimburse you for the postage costs in the event that a replacement item is sent to you.

Please return any goods under guarantee to:

B+S GmbH Logistik und Dienstleistungen

Terminal 2 Retourenannahme

Triple A Sales GmbH

Fuggerstraße 17

D-33689 Bielefeld

Germany

Download reshipment form

You must supply a copy of the original invoice with your return. Please kindly note that any returns that are not accompanied by a valid invoice will be refused.

We are only able to determine the period of guarantee based on this evidence. An invoice is only required to be sent for goods covered under our additional guarantee. The right to cancellation is always possible without provision of an invoice.

The guarantee covers products as stipulated in the service/product descriptions. Goods that show signs of wear and tear, depletion or defects are excluded from the guarantee if they are found to have been caused by improper use or usage other than its originally intended purpose. If it is no longer to replace the model like-for-like, we reserve the right to send a current version of the product that closely resembles the original.

Not covered by our 15-year guarantee are damages or defects arising from improper or inappropriate use and/or insufficient compliance with any operating instructions. The guarantee shall also not apply if defects are caused due to non-compliance with the instructions for use.

We reserve the right to test the returned products returned under the standard guarantee conditions. Please also note that the guarantee period will not be extended in the event of a guarantee claim. We are unable to issue a new guarantee period of 15 years. The remaining period of guarantee for the original product purchased shall continue to apply.

10. Terms for redeeming gift vouchers
The following terms shall apply for the redemption of gift vouchers (vouchers which are purchased at a given monetary value):

• Gift vouchers can be used for all or selected articles supplied by Triple A Marketing GmbH. Additional vouchers may not be used.
• Gift vouchers cannot be exchanged for cash and are not subject to interest.
• Gift vouchers and their balance can only be redeemed upon confirmation of an order. They cannot be redeemed retrospectively once an order has been placed.
• Cancellation of a purchase using a gift voucher is possible if the voucher has not yet been redeemed. A gift voucher is redeemed once it has been applied in full or in part to an order.
• If the value of the order exceeds the value of the gift voucher, the difference may be settled using one of the available payment methods. Discount vouchers may not be used to purchase gift vouchers.
• Multiple gift vouchers may be redeemed for any given order. Gift vouchers may not be combined with discount vouchers.
• We accept no liability for loss, theft or illegibility of the gift voucher not caused by us. We accept no liability for any errors made when inputting the email address.
• The gift voucher is transferable.
• Use of gift vouchers for public purposes is not permitted.
• Duplication, alteration or manipulation of gift vouchers is prohibited. 

11. Terms for redeeming discount vouchers and vouchers for newsletter registration

The following terms apply for the redemption of discount vouchers (vouchers distributed as part of an advertising campaign for a limited duration):

• The voucher has a limited period of validity
• The voucher cannot be exchanged for cash
• There is no minimum order value
• The voucher code may not be published
• The voucher may not be combined with other discount vouchers.
• The voucher cannot be used to cover delivery charges
• No liability can be assumed for printing errors
• Cannot be used on credit balance
• The voucher may not be used to purchase gift vouchers
• The voucher may only be redeemed for a single order
• The voucher may not be used for promotions based on free delivery
• If the value of the goods exceeds the value of the voucher, the difference must be paid using an alternative payment method.

12.  Liability

12.1.
We may only be held responsible for intention and gross negligence. In so far as the violation of duty is due to ordinary negligence and an essential contractual duty has been culpably breached (duties whose fulfilment mainly facilitates the proper performance of the contract and the observance of which the client relies on), our liability for damages shall be restricted to the foreseeable damage which typically occurs in such cases. In the event of injury to life, health or limb, we shall be liable pursuant to the statutory provisions.

12.2.          
Liability according to the provisions of the Product Liability Act shall remain unaffected. Our liability is otherwise excluded. 

13. Final provisions

13.1.             
German law shall apply for the conclusion and performance of all contracts. However, this shall only apply to the consumer in so far as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his or her place of residence is not taken away.

13.2.             
The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.

13.3.             
Should one or more provisions of these T&Cs become invalid, the contract as a whole shall not be affected. The invalid provision shall be replaced by a legally valid provision. 

14.  Information about online dispute resolution platform (ODR-VO) and German Consumer Dispute Resolution Act (VSBG)

14.1.             
Duty of notification pursuant to the ODR platform
Online dispute resolution in accordance with art. 14 para. 1 of the ODR-VO: The European Commission provides a platform for online dispute resolution (ODR). More info here: https://ec.europa.eu/consumers/odr/

14.2.             
Duty of notification pursuant to the German Consumer Dispute Resolution Act (VSBG)
Triple A Marketing GmbH declares in advance that it has no pending dispute settlement proceedings in the sense of Section 36 Para. 1 of the German Consumer Dispute Resolution Act (VSBG). This does not affect the right to settle disputes through a Consumer Arbitration Board in the course of or during a specific dispute provided both parties agree (Section 37 VSBG).