Terms of Service

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you (customer, orderer, buyer) close with us as Samed GmbH Dresden (provider, seller, service provider) and for services that we perform for you. Unless otherwise agreed, the inclusion of any terms and conditions of your own use is contradicted.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and the execution of services.
(2) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after order or order placement by confirmation in writing (e.g. e-mail), in which the execution of the order, the order or delivery of the goods is confirmed (order confirmation),
(3) Your requests for the creation of an offer are non-binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 14 days.
(4) The processing of the order or the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail. You therefore have to ensure that the e-mail address you submit to us is correct, that the receiving of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
(5) Dimensions, weight, illustrations or other performance data are only binding after express written agreement.

§ 3 Individually designed goods and custom-made products

(1) You provide us with the appropriate information, texts or files required for the individual design of goods and custom-made products by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.
(4) Individually designed goods and custom-made products are excluded from a return.
(5) Calculation of individually designed goods and custom-made products are based on the cost price.
(6) If you cancel the order of an individually designed product or custom-made product after placing the order, this cancellation is only possible in written form and in agreement with us. Incurred costs and services will be charged to you.
(7) Property rights of any type or documents in any form are not examined. If property rights of third parties are violated, we can charge you for the damage incurred.

§ 4 Lien, Retention of Title

(1) A right of retention can only be exercised by the purchaser of a product or customer of a service, insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory warranty rights exist.
(2) You are requested to check the item for completeness, obvious defects and damage in transit within 1 week and to notify us and the forwarder of any complaints as soon as possible.

§ 6 Choice of law, jurisdiction

(1) German law applies.
(2) The provisions of the UN Sales Convention explicitly do not apply.
(3) To the extent permitted by law, Dresden is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual and performance relationship.

II. Customer information

1. Identity of the seller / service provider

Samed GmbH Dresden
Represented by:
Dipl.-Ing. (FH) Thomas Sparborth
Bamberger Strasse 7
01187 Dresden
Telefon: +49 351 862 62 61
E-Mail: info@samed-dresden.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information about the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

(1) Contract language is German or English.
(2) In the case of a request for quotation you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or electronically secure.

4. Essential features of the product or service

The essential characteristics of the product and / or service can be found in the respective offer.
Special services on customer request (for example change of delivery conditions) will be charged separately at extra cost and only by appointment.

5. Prices and Payment Methods

(1) The prices quoted in the respective offers and, if applicable, the shipping and packaging costs represent overall prices. They include all price components including all applicable taxes.
(2) The shipping and packaging costs are not included in the purchase price. They are shown during the order process and are to be paid by you in addition, unless the free shipping delivery is promised.
(3) If the delivery is to countries outside the European Union we may be liable for further costs, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate charges) to be paid by you.
(4) Any costs incurred in transferring funds (bank transfer or exchange rate charges) shall be paid by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) The payment methods available to you are shown in the respective offer.
(6) The prices valid on the day of delivery will be charged. If you default on payment of the open invoice, we are entitled to charge reminder fees and any costs incurred during the delay.
(7) Unless otherwise stated, the invoice is due immediately and without deduction.
(8) We reserve the right to adapt offers and contracts in the event of a disruption of the business basis (also in the event of economic impossibility). This applies if, for example, as a result of a pandemic and the associated measures as well as economic effects, the situation in our company has changed significantly after the conclusion of the contract and the contract would not have been concluded with knowledge of these circumstances (e.g. extended production and / or delivery times, raw material price increases).

6. Express order and service

At the request of the customer, an individual delivery date can be agreed, if a delivery time of less than 4 weeks is desired.

Since express orders must interrupt the existing production process, this additional service will be charged to the customer with a surcharge of 10% on the net value of this order.

7. Terms of delivery

(1) The delivery of the goods takes place worldwide. The packaging costs and shipping costs (including VAT) are to be paid by you. Additional customs or storage fees, preparation of export documents, transport insurance and other costs not caused by us will be charged to you. We calculate the shipping costs depending on weight and size of the shipment.
(2) Deliveries to non-EU countries are made by Incoterm DAP with a shipping company selected by Samed. If you wish delivery via a third-party carrier, you must organize the collection of the goods ex works (EXW).

8. Delivery times

(1) As far as no other period is specified in the respective offer, the delivery of the goods takes place within 4-6 weeks after conclusion of contract (with agreed advance payment after the time of your payment confirmation). Please note that on Sundays and public holidays no delivery or shipping takes place.
(2) If you have ordered articles with different delivery times, we will ship the goods in a common shipment, unless we have made a different agreement with you. The delivery time is determined in this case after the article with the longest delivery time you have ordered.

9. Acceptance delay

(1) If in the course of an ordering process a delay in acceptance of more than 1 month after transmission of readiness for shipment by us, we can charge you 1% of the invoice amount as storage fee for each started month.

10. Return of goods and cancellation

(1) A return of goods can only be granted after written permission from us. In this case, the calculated equivalent value less the processing fee of at least 40% and any revision costs will be credited. A subsequent return of the goods has to be done free of charge for us.
(2) Custom-made products, individually designed and constructed goods as well as reduced goods are generally excluded from return.
(3) If a legally binding order is cancelled by the buyer or the delivery is not accepted, a 30% cancellation fee will be charged for this order.
(4) If a legally binding order of any kind is cancelled by the client, a 30% cancellation fee will be charged for this order.

11. Data storage

The data protection regulations of Samed GmbH Dresden apply. Data protection regulations

12. Legal Liability Right

The liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions (Part I).

Last update: 2021-09-30