GENERAL TERMS AND CONDITIONS OF SAAMAN GMBH
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Saaman GmbH
(hereinafter referred to as the Provider) to you, in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Saaman GmbH. By placing an order with Saaman
GmbH you agree to the application of these GTC to your order.
(4) On saaman.de, we offer you the sale of the following products: Digital tests in our test portal
(5) On saaman.de, we offer you the following services: consulting, coaching; Digital tests on our test portal
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with an invoice and delivery address in: ________.
For individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is only asked to make an offer.
(5) Your order represents an offer to saaman.de to conclude a purchase contract. The customer submits a binding offer if he submits the
Has completed the online ordering process by entering the information required there and clicks on the “buy” button in the last order step.
(6) The purchase contract between the provider and the customer is only concluded by a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than usual household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This refers both to the number of products ordered in the context of an order and to the placing of several orders of the same product, where the individual orders include a household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the use of the saaman.de Service requires registration.
(10) By registering, the customer acknowledges these GTC. The registration creates a contractual relationship between saaman.de and the registered customer, which is based on the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is only asked to make an offer.
(12) By ordering a fee-based service, the registered customer enters into a further contractual relationship with saaman.de, separate from the registration. The user will be informed about the respective fee-based service and the terms of payment before concluding this contractual relationship. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the “buy” button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account of the website. We will inform you for each delivery and service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§ 3 Description of the scope of services
The scope of services of saaman.de consists of the following services: Online shop for digital tests on our test portal
§ 4 Prices and shipping costs
(1) Our prices include the respectively valid statutory value added tax and do not include a flat-rate shipping fee or a shipping surcharge. The shipping costs vary depending on the type of delivery and the quality of the item.
(2) Despite our best efforts, a small number of the products in our catalog may be labeled with the wrong price. We check the prices when we process your order and before we charge the payment. If a product is labeled with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you if you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have indicated, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) To use saaman.de, registration is first required.
(5) If the user wishes to make use of a fee-based service, he will be informed in advance of the chargeability. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(6) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by saaman.de (e.B. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only expected information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If saaman.de discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) Insofar as delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery takes place depending on the payment method of the customer. In the case of advance payment, delivery takes place after the payment order has been issued to the transferring bank. In the case of payment by PayPal, credit card, gift card, direct debit, immediate transfer or invoice, delivery takes place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation with regard to each shipping confirmation. The contractual partner is Saaman Solution GmbH. Regardless of your right of withdrawal, you can cancel your order for a product at any time free of charge before sending the corresponding shipping confirmation.
(6) This right of cancellation does not apply to certain product groups and services, including digital content or software, which are not delivered on a physical medium (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 6 customs
(1) If you order products from saaman.de for delivery outside the European Union, you may be subject to import duties and taxes that are levied once the package reaches the specific destination. Any additional fees for customs clearance must be borne by you; we have no influence on these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.
(2) Furthermore, please note that when ordering from saaman.de, you will be considered an importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.
§ 7 Terms of payment
(1) Any remuneration incurred shall be paid in advance, at the time of the due date without deduction to saaman.de.
(2) The customer can pay for the goods or services by the following payment methods: – PayPal
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.
(5) Should the customer choose an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the account of the provider within five calendar days after receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(7) If the provider offers payment by credit card and the customer chooses this payment method, he expressly authorizes the provider to collect the amounts due.
(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA basic mandate. Should a chargeback of a payment transaction occur during payment by direct debit due to a lack of account funds or due to incorrectly transmitted bank details, the customer shall bear the costs.
(9) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
(10) Should the customer be in default with the payment, the provider reserves the right to assert the damage caused by delay.
§ 8 Registration and termination
(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has not been convicted of an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§211 ff. StGB), a criminal offence against physical integrity (§ 223 ff. StGB), a criminal offence against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.
(2) A user is entitled, subject to reservation, at any time to unsubscribe in writing by post, e-mail or telephone without giving a reason. At the same time, it is possible to deactivate it completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thus terminated.
(3) If a user has registered for a paid service, he can cancel at the latest ________ days before the booking period. If this deadline is not met, the fee-based service will be extended depending on the selected booking time and the cancellation will only take effect at the end of the subsequent booking period. A termination is possible by telephone, e-mail or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the customer should be provided. In the event of termination by telephone, the individual telephone password is required.
(4) saaman.de may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. saaman.de also reserves the right to remove profiles and/or any content published on the Website by or by the User. If saaman.de terminates the user’s registration and/or removes profiles or published content of the user, there is no obligation for saaman.de to inform the user of the reason for the termination or removal.
(5) Following each termination of any individual use of saaman.de’s services, saaman.de reserves the right to send information about this to other registered users with whom saaman.de assumes that they have been in contact with the user. saaman.de’s decision to terminate the user’s registration and/or to notify other users with the saaman.de assumes that the user has been in contact does not imply or in no way imply that saaman.de makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to provide any intentional or fraudulent false information in their profile and other areas of the portal. Such information may result in civil action. In such a case, the operator also reserves the right to terminate the existing contractual relationship with immediate effect.
(7) If the access of a user is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay damages for the remaining term of the contract in the amount of the agreed fee minus the saved expenses. The amount of the saved expenses is set at a flat rate of 10% of the remuneration. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all data of the user will be deleted by saaman.de.
§ 9 Limitation of liability (services)
(1) saaman.de assumes no responsibility for the content and correctness of the information in the registration and profile data of the customer as well as other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, saaman.de is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the Purchasers including, without limitation, the services received by a seeker or payments due to the Purchaser shall be addressed directly to the respective party to the Customer. saaman.de cannot be held responsible for this and hereby expressly opposes all possible liability claims of any kind whatsever, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, in whatever way in connection with the aforementioned matters.
(3) Saaman Solution GmbH shall only be liable for damages alike due to injury to life, limb or health if they are based on an intentional or negligent breach of duty by Saaman Solution GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Saaman GmbH.
(4) Saaman GmbH shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfilment makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely), if it is based on an intentional or grossly negligent breach of duty by Saaman GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agents of Saaman GmbH.
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb or health or freedom shall become statute-barred after 30 years; in all other respects after 1 year, whereby the limitation period at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should acquire it without gross negligence (§ 199 para.1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and the law and, if necessary, to delete them in whole or in part.
§ 10 Set-off and right of retention
(1) The customer is only entitled to set-off if the counterclaim of the customer has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 11 Retention of title
Saaman GmbH reserves the right of ownership of the goods until full payment has been made.
§ 12 Transport damage
(1) Should the customer receive the goods with obvious transport damage, the provider requires him to complain about them as soon as possible.
(2) Should the customer fail to make the complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 13 Warranty law
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is governed by the statutory provisions: Accordingly, in addition to their 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on saaman.de, if these prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies insofar as no claims for damages and reimbursement of expenses are asserted for compensation for damage in relation to body and health or for intent or gross negligence.
§ 14 Limitation of liability (products)
(1) The provider is liable for claims for damages of the customer from injury to life, limb, health or from the violation of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations the fulfilment of which is necessary to achieve the objective of the contract.
(3) The provider is liable for violations of essential contractual obligations that are based on contractually typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages of the customer based on injury to life, body or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of saaman.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 15 Cancellation policy
(1) If the customer is a consumer, he has a right of revocation in accordance with the following provisions:
(2) Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
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 goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of goods in several partial shipments or pieces) or from the day of conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.B. CDs or DVDs), without giving reasons. The revocation period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us:
Merovinger Str. 5, 79285 Ebringen
Phone: 07664 61399-44
by means of a clear declaration (e.B. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear explanation. If you make use of this option, we will immediately (e.B. by e-mail) send you a confirmation of receipt of such a revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the revocation period and that you have returned the goods via our online return center within the period defined below. For additional information regarding the scope, content and explanations of how to exercise it, please contact our customer service.
(3) Consequences of revocation
If you withdraw from this contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification of your revocation of 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 any fees for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. We may withhold reimbursement 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 the goods immediately and in any case at the latest within 14 days from the day on which you inform us of the revocation of this contract to
Merovinger Str. 5, 79285 Ebringen
Phone: 07664 61399-44
to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the direct costs of returning the goods. Items that cannot be shipped by parcel will be collected from you.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods. The right of revocation does not exist or expires in the following contracts: for the delivery of goods that are not suitable for return for reasons of health protection or hygiene reasons and whose seal was removed after delivery or which were 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 goods that are manufactured according to customer specifications or are clearly tailored to personal needs for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded; in the case of services, if saaman.de has provided them in full and you have taken note of them before placing the order and have expressly agreed that we can start providing the service and you lose your right of withdrawal in the event of full performance of the contract; for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and for the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 16 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts for the delivery of goods that 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 the personal needs of the consumer; for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly;
(2) The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that 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 they 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.
§ 17 Data protection
(1) Should personal data (e.B. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.B. by e-mail) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities if the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive complete and free information from saaman.de about the data relating to you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 18 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose you have a banner at your disposal which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard disk or cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 19 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Law on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 20 Final provisions
(1) The contract language is german.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under the age of 18, you may only use saaman.de with the assistance of a parent or guardian.
(3) If you violate these GTC and we do nothing about it, we are still entitled to exercise our rights on any other occasion in which you violate these Terms of Sale.
(4) We reserve the right to make changes to our website, rules and conditions, including these GTC at any time. Your order will be subject to the Terms of Sale, Terms and Conditions and GTC in force at the time of your order, unless a change to these Terms is required by law or by order of the authorities (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.