General Terms and Conditions for the SawStop online shop Europe
Status: September 2024
- Scope of application, definitions
- The following General Terms and Conditions (hereinafter also referred to as “GTC”) apply to all business relationships between you as a customer (hereinafter also referred to as “Customer”) and us, TTS Europe SE (hereinafter also referred to as “SawStop Europe“), which are initiated and processed via our online store, regardless of whether you are a consumer or an entrepreneur. The version of our General Terms and Conditions that is valid at the time the order is placed shall apply. Deviating terms and conditions of the customer shall not be recognized unless SawStop Europe expressly agrees to their validity in writing.
- Our goods and services offered via the online store are aimed both at you as a consumer and as a professional.
- “Consumer” is any natural person who concludes the contract for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
- Order process, conclusion of contract
- The goods offered in the online shop are only a sales brochure (“online catalog page”). The presentation does not constitute an offer to conclude a contract, but merely an invitation to place an order.
- Before submitting your order and clicking the “Buy now” button, you have the opportunity to check the data you have entered and change it if necessary. By placing your order by clicking the “Buy now” button, you are submitting a binding offer to us to conclude a purchase contract. The confirmation of receipt of your order (order confirmation) is not an acceptance of your offer. It merely serves to inform you that we have received your order.
- The purchase contract is only concluded when we expressly accept the offer (“acceptance”), request payment or deliver the ordered goods.
- Instructions of withdrawal & withdrawal form
If you are a consumer (see 1 sec. 1.3), you have a right of withdrawal. The requirements and legal consequences of the right of withdrawal are set out in the following withdrawal policy.Withdrawal policy
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Right of withdrawal:You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.To exercise the right to withdraw, you must inform us SawStop Europe (TTS Europe SE), Wertstraße 20, D-73240 Wendlingen a.N., Phone: +49 32221861100, saleseurope@sawstop.com of your decision to withdraw this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the sample withdrawal form, but this is 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.
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Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You only must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
You shall bear the direct costs of returning the goods, up to a maximum amount of 100 EUR in the European Union (EU) and 50 GBP in United Kingdom (UK).
End of the withdrawal policy - In accordance with German civil law, the right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs.
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- Prices, terms of payment, retention of title
- Unless otherwise agreed, the prices contained in our online store on the day the contract is concluded shall apply. Unless explicitly stated otherwise, the prices stated in the online store include the applicable statutory VAT plus delivery and duty costs.
- For goods that are offered in this online shop and are sent to you as a consumer (see § 1 sec. 1.3) within the European Union (EU), VAT must be calculated in accordance with the tax laws applicable within the EU and the tax rates that vary within the member states. For you as an online shop customer and consumer, this means that the final price depends on your actual local VAT. We will deduct the German VAT and the VAT applicable to the country of destination will be charged. You can always see the final price including the VAT rates applicable in the order overview before you click the “Buy now” button.
- You will be informed of the payment option(s) in the online store. SawStop Europe reserves the right to authorize only certain payment methods based on the results of the address and credit checks.
- The goods remain our property until full payment has been made.
- Shipping, delivery and service conditions
- We deliver our goods exclusively to the European Union (EU) and United Kingdom (UK).
- The delivery costs may vary depending on the delivery method and the nature of the order. Before completing your order, we will show you the delivery costs and any additional costs separately in the ordering process. You are responsible for the delivery costs and any additional costs, e.g. duty costs.
- The delivery time can be found in detail in the order overview.
- All deliveries are subject to the retention that there are no obstacles to fulfillment due to national or international regulations, in particular export control regulations as well as embargoes or other sanctions. The customer must comply with the applicable provisions of national and international export control law each time the goods are passed on. He may not export SawStop products to Russia or sell them to persons or organizations that are directly or indirectly under Russian control.
- If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the initial shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provision made in the withdrawal policy instructions (see section 3.2) shall apply to the return costs.
- For deliveries by forwarding agent, e.g. for bulky goods, free to curb always applies.
- Warranty
- If you are a consumer (see § 1 sec. 1.3), the statutory warranty regulations apply.
- If you are an entrepreneur (see § 1 sec. 1.3), the assertion of claims for defects presupposes that you have fulfilled your statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). Furthermore, the following warranty rules apply to all contracts with you for the delivery of goods from the online store:
- In the event of a defect, we provide warranty through subsequent performance. Subsequent performance shall take place at our discretion in the form of rectification or subsequent delivery.
- If we are not willing or able to provide repairing or replacement, you may, at your discretion, withdraw from the contract or reduce the purchase price. The same applies if the subsequent performance fails, is unreasonable for you or is delayed beyond a reasonable period for reasons for which we are responsible.
- Claims for defects shall become time-limited within one year of delivery of the goods. This also applies to claims for damages and reimbursement of expenses due to defects except in cases of intentional or grossly negligent breach of duty, breach of guarantees or injury to life, limb or health.
- Liability, compensation for damages and expenses
- SawStop Europe shall only be liable for damages in the following cases:
- for injury to life, body and/or health as well as for damages caused intentionally or by gross negligence without limitation;
- for damages resulting from non-compliance with any guarantees given in writing to the extent of your financial interest as the customer, which is covered by the purpose of the guarantee and was recognizable to us when it was given;
- in cases of product liability under the Product Liability Act;
- for the breach of material contractual obligations due to slight negligence, the resulting liability for damages shall be limited to the amount of damage that we typically had to expect at the time the contract was concluded due to the circumstances known to us at that time. Essential contractual obligations are those fundamental obligations which were decisive for the conclusion of the contract and on the fulfillment of which you could rely. Claims for damages and reimbursement of expenses within the meaning of this provision shall become time-barred after twelve months. The limitation period begins in accordance with German civil law.
- Otherwise, any liability for damages on our part, regardless of the legal grounds, is excluded.
- SawStop Europe shall only be liable for damages in the following cases:
- Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes. However, we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- Data protection
- The personal data that we receive through the order (e.g. first and last name, address) are processed exclusively for the processing of the order, including payment processing. The legal basis for this is Art. 6 para. 1 lit. b) GDPR.
- Further information on data protection can be found under Privacy Policy
- Copyright and trademark law
The entire content of the website, in particular texts, graphics, photos, illustrations and software, is the property of SawStop Europe (TTS Europe SE) or SawStop LLC/SawStop Holding LLC. This content is protected by copyright and other industrial property rights. Reproduction, editing, storage or other processing is not permitted. All trademarks used on the website are the property of SawStop LLC or SawStop Holding LLC. Use or utilization of the trademarks in any form whatsoever is prohibited.
- Identity of the provider, contact
TTS Europe SE
Wertstraße 20, 73240 Wendlingen a. N. Germany
Phone: +49 32221861100,
saleseurope@sawstop.com
Register court: Stuttgart local court
Register number: HRB 792328
VAT ID No.: DE36512863
VAT ID No.: GB469197536
Managing Directors: Dr. Birgit Braches, Michael Davies
Chairman of the Board of Directors: Sascha Menges
Responsible for content within the meaning of § 18 para. 2 MStV: Michael Davies, Wertstraße 20, 73240 Wendlingen a. N. - Final provisions
- The contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer (see § 1 sec.1.3), this choice of law applies to you only insofar as it does not deprive you of mandatory applicable consumer protection provisions of the state in which you as a consumer have your habitual residence at the time of your order.
- If you are an entrepreneur at the time of the order, the exclusive place of jurisdiction is the registered office
of SawStop Europe (TTS Europe SE). Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction. - Should any provisions of these GTC be or become invalid, this shall not affect the validity of the remaining contractual conditions.