Silverspot Trading GmbH
Friedrichstrasse 79, 4. OG
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These General Terms and Conditions apply exclusively to contracts concluded between the service provider, Silverspot Trading GmbH, Berlin District Court, HRB: 173334B (hereinafter: “Silverspot Trading”) and the service recipient, or the purchaser.
The contracts shall conclude exclusively in German or English.
If the buyer applies Terms and Conditions of Purchase, these are not binding for Silverspot Trading, to the extend that they deviate from the Terms and Conditions of Purchase, unless otherwise confirmed in writing.
If any article or part of these terms and conditions is declared invalid, this shall not affect the validity of the remaining articles or parts thereof.
The prices shown in the catalog serve to guide the customer. Deviations of these are not excluded. Individual offers from Silverspot Trading are valid for 7 days. These are non-binding, and an intermediate sale is not excluded. The contract is only concluded with the sending of an order confirmation by e-mail by Silverspot Trading. Errors, corrections and withdrawals of one of the two contract parties are permitted and must be reported within 24 hours. Any corrections shall be made without delay. A corrected version of the order confirmation will be send.
Silverspot Trading shall not be liable to keep its orders if the other party can lawfully identify a manifest error or billing error.
Silverspot Trading has the right to have the contract performed in whole or in part by third parties, unless expressly agreed otherwise in writing.
Silverspot Trading collects, processes and uses the personal data to the extend necessary for the provision of its services and execution of the contract. In the case of orders, data (name, address, email address, telephone number, etc.) are collected and stored. This serves above all the conclusion of the contract and the use of the service. Silverspot Trading will only disclose or otherwise transfer personal data to third parties if this is necessary for contract processing or billing purposes or if the consumer has given his prior consent. The latter has the right to revoke a given consent with effect for the future at any time.
The statutory VAT is not included in the prices listed in the catalogue. For tenders/invoices these are listed separately. Shipping costs are not included in the displayed price for the corresponding goods and may be additional. In offers the placeholder “prices plus shipping costs” is used.
The following payment options are available to the customer:
o Bank transfer
After the order has been confirmed, you can find our bank details and our invoices.
Please indicate your invoice number as the purpose of the transfer. The purchase price is due immediately upon receipt of the bank account, unless otherwise stated on the order confirmation/invoice.
To use the payment service provider PayPal you need a PayPal account. You open a PayPalaccount or log in to PayPal with your login details and confirm the payment order for the invoiceamount. We will then retrieve the invoice amount from your PayPal account after conclusion of the contract. If this payment method is selected, delivery is only possible to the delivery address stored inthe PayPal account.
The delivery time of the purchased goods depends on the respective item and is indicated separately in the offer.
In the case of a contractually agreed prepayment, the period begins on the day following the receipt of payment. For individualized products, the period begins after confirmation of the proof of correction and (if payment in advance has been agreed) receipt of payment. The same applies to approval samples for mass production (pre-production samples).
The delivery dates stated in offers, confirmations and contracts are indicative and are made to the best of our knowledge and belief and taken into account as much as possible, but they are not binding for Silverspot Trading. Exceeding these deadlines shall never give the customer a right to compensation or the non-fulfillment of contractually agreed obligations.
If the goods you have ordered cannot be delivered at short notice or the promised delivery time is delayed, the customer will be informed by Silverspot Trading by email.
Force majeure relieves Silverspot Trading of its obligations to the buyer. Force majeure shall bedeemed to exist if Silverspot Trading is prevented from fulfilling its obligations or preparing for them due to circumstances beyond Silverspot Trading’s control. This includes, but is not limited to, wars, strikes, epidemics, fires, traffic problems, weather conditions, loss or damage during transportation, accidents or illnesses of personnel, import restrictions or other measures by the government, holidays, machine failure and failure of means of production. In the event of force majeure, Silverspot Trading shall be entitled to extend the performance of the contract by up to 6 months, to withdraw from the contract in whole or in part without having to pay for the damage.
Silverspot Trading is entitled to deliver quantities of goods to the customer with a deviation of 5% in both directions (over and under production).
Silverspot Trading is also entitled to deliver damaged goods of up to 3% of the order quantity without incurring any claim for damages.
Complaints or rejections of the goods due to damage must be notified within 48 hours of receipt of the goods.
The risk of accidental deterioration or accidental loss of the ordered goods remains with Silverspot Trading until the delivery of the goods and passes to the customer upon delivery.
Until full receipt of the purchase price, Silverspot Trading remains the property of the goods.
The statutory warranty regulations apply.
The statutory right of withdrawal exists exclusively for customers within the EU member states.
The law of the Federal Republic of Germany shall apply to the conclusion and execution of all contractsto the exclusion of the UN Sales Convention (CISG). In the case of Customers, this choice of law applies only insofar as the protection granted is not restricted by mandatory provisions of the law of
the State in which the Customer has his habitual residence.
In business dealings with merchants and legal entities under public law, our registered office in Berlin is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. Our right to appeal to the court at another legal place of jurisdiction remains unaffected.
In the case of pre-fabricated goods (storage goods), you have the right to revoke this purchase contract.
In the case of goods that are individualized (by engraving, printing, etc.) and for which an individual selection or designation by you is decisive or which are clearly tailored to your personal needs, there is a legal obligation pursuant to § 312 g para. 2 No. 1 BGB no right of revocation.
For prefabricated goods (warehoused goods, without individualisation, see §1) you have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of receipt of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e. g. a letter sent by post, e-mail or telephone). You can use the sample withdrawal form attached below.
In order to meet the cancellation period, it is sufficient that you send the notification about the exercise of the right of cancellation before the cancellation period has expired. This is possible by writing to us at Silverspot Trading GmbH, Friedrichstraße 79, 4th OG, 10 117 Berlin, Germany. Alternatively, you can call us on +49 3 030 807 140 or send us an email to email@example.com.
If you cancel this contract, you must return or hand over the goods to Silverspot Trading GmbH, Friedrichstraße 79, 4th OG, 10 117 Berlin, Germany without undue delay and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
We will refund to you all payments received from you without undue delay and at the latest within fourteen days from the date on which we receive notification of your withdrawal from this contract. For this reimbursement, we use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
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 handling them that is not necessary to check the nature, characteristics and functioning of the goods.
If you wish to cancel the contract, please fill out this form and send it back to:
An: Silverspot Trading GmbH, Friedrichstraße 79, 4th OG, 10117 Berlin, Germany.