Please note that the German version of our Terms and Conditions is exclusively legally binding. The English translation only serve comprehensional purposes for international customers.
SILVERFICHE® General Terms and Conditions of Business for ordering merchandise consignable by parcel post.
This website is bilingual. To save energy, the respective language versions are usually on the same page.
If the customer orders merchandise consignable by parcel post, then Silverfiche‘s present General Terms and Conditions of Business shall apply between SILVERFICHE REFLECTORS, holder: Theo Lustig, Pappelallee 69, 10437 Berlin, Germany and the customer in respect of the order. General terms and conditions of business which contradict or differ from the following stipulations do not apply.
- Contract language and conclusion of contract
The contract language is exclusively German.
The descriptions of items on the foreign language pages are in many cases abridged and/or incomplete. Order confirmation and other information is not offered in all languages, but only in German or English.
All offers of goods presented by us – including pricing information – are subject to change and represent only non-binding requests to submit a purchase offer by the customer. By clicking the “add to basket” button, you can place the respective goods in the virtual shopping cart. The selected goods are collected together in this shopping cart. This process is not binding and does not constitute a contractual bid. Once you have specified the payment and shipping information, click on the “Buy now” button to submit a binding purchase offer for the items in the shopping cart. Before the binding submission of the order, you have the possibility to check the accuracy of your information and to correct it if necessary. We confirm the receipt of the order via an automatic confirmation of receipt e-mail immediately after you send your order. However, this e-mail does not represent a binding acceptance of the offer. It is only to inform you that your order was transmitted and received without any issue.
A binding contract is only concluded with the dispatch of goods. You will be informed about the dispatch with a separate shipment confirmation e-mail. Your current orders can be viewed in your customer account. Delivery of ordered goods takes place after advanced payment is credited in full to our account.A binding contract is only concluded with the dispatch of goods. You will be informed about the dispatch with a separate shipment confirmation e-mail. Your current orders can be viewed in your customer account. Delivery of ordered goods takes place after advanced payment is credited in full to our account.
If the order is made by other means than the online shop, the contract shall be deemed concluded by acceptance of the customer order by SILVERFICHE. The customer waives their right to receive acceptance notification as per Clause 151 Sentence 1 of the German Civil Code (BGB). In this case also SILVERFICHE® accepts the offer by sending out a confirmation email.
The applicable prices are those listed in the online shop at the time the order is placed. In principle all prices are gross prices including statutory VAT and are specified in EUROs (€). For all commercial customers registered in the online shop the prices listed are net prices. The prices are to be understood as per unit and shall apply ‘ex works’ plus shipping costs.
- Payment terms and conditions
In the online shop we offer you the following forms of payment: payment in advance, PayPal and invoice of SILVERFICHE® by Theo Lustig.
When ordering by email or phone we offer you the following basic forms of payment: payment in advance and PayPal.
When paying by PayPal the funds due will be reserved once the order is completed.
In the case of payment by invoice of SILVERFICHE the purchase price is payable within 14 days of invoice for private customers and for commercial customers within 30 days of invoice.
If you are ordering by PayPal and having clicked ‘buy now’ you are forwarded to the PayPal web pages, SILVERFICHE assigns the relevant claim to PayPal (Europe) S.àr.l. et Cie, S.C.A,. In the case of queries in respect of transfers or open items you can contact PayPal directly on +49 800 723 4730 or by email at email@example.com. In the case of payment via PayPal SILVERFICHE remains responsible for all general customer queries in respect of merchandise, delivery time, returns or right of cancellation.
The statutory regulations apply in respect of delays. SILVERFICHE reserves the right to prove higher damages. In the case of delayed payment or other evidence that you are not credit-worthy all further claims vis-à-vis yourselves are payable immediately.
You shall be entitled to offset claims only in respect of those claims uncontested by SILVERFICHE® or legally established claims. You are only entitled to exercise a right of retention in so far as a counter-claim is based on the same contractual relation.
You declare your agreement that invoices and credit notes shall be provided exclusively in electronic form. Please email us at service@SILVERFICHE.com, if you would like to deny this consent.
- Reservation of proprietary rights
The delivered goods remain the property of SILVERFICHE until full payment is made. You are entitled, subject to following good business practice, to process the delivered goods. Such processing shall be carried out on behalf of SILVERFICHE – that means that SILVERFICHE® is to be recognised as the manufacturer as per Clause 950 of the German Civil Code (BGB).
Delivery shall be made within the delivery time specified for the product in question.
In the case of merchandise ordered being unavailable for reasons for which SILVERFICHE is not to be held responsible due to the supplier not delivering on time or delivering incorrectly (including cases of the supplier under-delivering) despite a delivery contract having been concluded by SILVERFICHE with the supplier in question in respect of the merchandise ordered, SILVERFICHE reserves the right not to deliver. In this case SILVERFICHE shall notify the customer immediately that the merchandise ordered is unavailable and shall immediately refund any payments already received.
SILVERFICHE® sends merchandise consignable by parcel post across the world using a parcel service (standard and express delivery) or via courier.
We will inform you of shipping costs and precise delivery deadlines in the order summary before the order is completed. If it is not possible to make a delivery to you because you were not to be found at the specified delivery address, despite having been notified of the time of delivery with a reasonable period of notice, you shall cover the costs of re-delivery.
In the case of commercial customers shipment is at the risk of the recipient.
In the case of product orders for delivery outside the EU import tariffs and taxes may be levied as soon as the parcel arrives at its destination. You are responsible for covering any additional fees for customs clearance. SILVERFICHE® has no influence on these fees.
- Consumer’s right of cancellation
The right of cancellation only applies to consumers as per Clause 13 of the German Civil Code (BGB).
Right of cancellation
You have the right to cancel this contract within 14 days without specifying a reason.
The cancellation period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
- SILVERFICHE® BOARDS are non-cancelable and nonreturnable if the product seal is broken.
- In order to exercise your right of cancellation you must notify us at SILVERFICHE®, Pappelallee 69, 10437 Berlin, Fon: +49 30 40045362, Germany, email: firstname.lastname@example.org
- (e.g. by letter sent by the postal service or an email) clearly informing us of your decision to cancel this contract. For this purpose you may use the attached sample cancellation form, however this is not a requirement. If you use this option, we will immediately send you confirmation of receipt of your cancellation.
To comply with the period of cancellation it is sufficient for you to send notification that you are exercising your right of cancellation before expiry of the cancellation period.
If you cancel your order we must return to you all payments we have received from you, including delivery costs (with the exception of additional costs incurred if you selected another form of delivery to the best value standard delivery we offer) -immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this return payment we shall use the same form of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; in no case will you incur charges for this return payment. We may refuse to make return payment until we have received the goods back or until you have shown proof that you have sent the goods back.
You must send or give back the goods to us immediately and in any case within 14 days of the day on which you notified us of cancellation of this contract. You will be deemed to be in compliance with the deadline as long as you send the goods off within the 14-day period.
You shall cover the direct costs for returning the goods. Exceptions to this rule are returns that fall within the scope of our standard shipping within Germany, which are free of charge for you. You will only be liable for any loss in value of the goods if this loss in value is traceable to the goods having been handled in a manner not required for verifying the workmanship, properties and functioning of the goods in question.
Exemptions in respect of the right of cancellation.
The right of cancellation does not apply, unless otherwise stipulated, to distance selling contracts to the delivery of goods which are not pre-manufactured and which have been manufactured on the basis of an individual preference or requirement of the consumer and which are clearly tailored to their personal needs
Model cancellation form
If you wish to cancel the contract please fill in this form and send it back to us at
SILVERFICHE® REFLECTORS, holder: Theo Lustig, Pappelallee 69, 10437 Berlin, Germany.email: service@SILVERFICHE.com
- I/We () hereby cancel the contract concluded in respect of the purchase of the following goods/provision of the following services ()
- Ordered on ()/received on ()
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if submitted as a hard copy)
- Date ____________________
(*) Delete as appropriate.
For the return payment we shall use the same form of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you incur charges for this return payment. You shall cover the direct costs for returning the goods. Exceptions to this rule are returns that fall within the scope of our standard shipping within Germany, which are free of charge for you.
- Limitation of liability
Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer in respect of injury to life, limb or health or as a result of violation of major contractual obligations (major obligations), as well as liability for other damages due to deliberate fault or gross negligence in respect of violation of obligation/s on the part of the provider, their legal representatives or agents. Major contractual obligations are those required for fulfilment of the objective of the contract.
In the event of violation of major contractual obligations, the provider is liable only for foreseeable damage typical for this type of contract, if this was simply caused by negligence, unless the customer’s claim for damages is in respect of injury to life, limb or health.
The limitations in paragraphs 1 and 2 above also apply to legal representatives and agents of the provider, if claims are made directly in respect of these.
The stipulations contained in the Law on Product Liability (Produkthaftungsgesetz) remain unaffected.
- Applicable law and jurisdiction
All legal transactions or other legal relations with us are subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods (CISG) as well as any other inter-state agreements, even after they have been integrated into German law, do not apply. In the case of contracts with consumers this choice of law only applies insofar as the protection granted is not revoked by mandatory legal provisions of the state in which the consumer is habitually resident.
Insofar as the customer constitutes a merchant as per the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, it shall be agreed that the place of jurisdiction for all legal disputes in respect of the present terms and conditions of business and individual contracts concluded within their scope, including legal action in respect of bills of exchange and cheques, shall be the registered office of SILVERFICHE (Berlin). However, in this case we are also entitled to file a claim at the jurisdiction of the customer’s registered office.
- Dispute Resolution
The European Commission has established an online dispute resolution platform (ODR platform) that can be accessed here: ec.europa.eu/consumers/odr/. SILVERFICHE is, however, neither willing nor obliged to participate in a conciliation procedure.
- Contact information
In the event of queries or observations please feel free to get in touch with us at any time. We are always looking for customer-centred solutions in case problems or faults occur.
- Pappelallee 69,
Tel.: +49 30 69036-0
- Email: email@example.com