1. Contracting parties and validity:
Operator of the SILOKING online shop and contractor of the goods is
SILOKING Mayer Maschinenbau GmbH
Kehlsteinstraße 4
84529 Tittmoning
Germany
Telephone: +49 (0) 8683/89 84 - 0
Fax: +49 (0) 8683/89 84 - 55
Web: www.siloking.com
E-Mail: info@siloking.com
General Management: Georg Mayer, Margit Mayer
Company register: HRB 9003
VAT ID: DE166789185
hereinafter referred to as SILOKING.
Following terms to the exclusion of terms of the customer or third parties apply for our deliveries.
2. Conclusion of the contract
A contract between SILOKING and the customer is concluded by the customer’s order and SILOKING’s order confirmation or the delivery of ordered items. If SILOKING does not answer an order within 8 days the order is rejected.
3. Right of revocation
The customer has the right to declare the revocation of his contractual statement within 14 days. The revocation does not have to contain any grounds.
The revocation period of 14 days commences the day the customer or a known third party, who is not the carrier, receives the merchandise.
To declare revocation the customer must send an explicit declaration to Siloking (SILOKING Mayer Maschinenbau GmbH, Kehlsteinstr. 4, 84529 Tittmoning, Germany, Fax +49 8683 8984-49, mayer@siloking.com) in text form.
To comply with the revocation period it is sufficient that the customer dispatches the notification of exercising his right of revocation within the revocation period. The customer can optionally use the attached specimen for his revocation.
3.1 Consequences of revocation
If customer revokes this contract SILOKING has the duty to reimburse all payments received from the customer including delivery costs (excluding additional costs resulting from the customer choosing another term of delivery which is not specified by SILOKING as the standard term of delivery) within 14 days after receiving the notification of revocation of this contract. SILOKING uses the same method of payment for the reimbursement that was used by the customer for the original transaction except from explicitly agreed on another method of payment with the customer; in no case SILOKING will charge any fees resulting from the return. SILOKING can refuse the reimbursement until SILOKING has received the returned goods or the customer has provided the confirmation of return, depending on which incidence occurs first.
The customer is obliged to return the goods at latest within 14 days commencing the day of notification of revocation to SILOKING by the customer. The goods shall be returned to SILOKING Mayer Maschinenbau GmbH, Kehlsteinstr.4, 84529 Tittmoning, Germany. The grace period is adhered if customer sends goods within the grace period of 14 days.
SILOKING bears the direct costs of the return.
The customer will only be responsible for loss in value of the goods if the loss in value results from inappropriate handling while inspecting condition, characteristics and functionality.
3.2 Extinction of revocation
No right of revocation applies
- to the delivery of products which are not prefabricated and have been produced to fit customer specification or which are explicitly tailored to individual needs.
- if customer is an entrepreneur according to § 14 BGB (German Civil Code) i.e. when entering into a legal transaction he acts in exercise of his trade, business or profession.
3.3 Specimen for revocation
SILOKING Mayer Maschinenbau GmbH
Fanshop
Kehlsteinstr. 4
84529 Tittmoning
Germany
Fax: +49 8683 8984-49
E-Mail: info@siloking.com
I / we declare the revocation of the contractual statement for the delivery of following items:
……………………….
Ordered on………………/ delivered on……………………..
Customer’s name…………………
Customer’s address…………………
4. Delivery and forwarding charges
4.1 The pictures of items displayed in the online-shop are samples and do not always exactly accord to the actual appearance of delivered products. SILOKING does not deliver the pictures of items but items of the same type and quality corresponding to the displayed items.
4.2 For deliveries within Germany SILOKING charges 5.95 Euro incl. 19 % VAT, within Europe 11.90 Euro incl. 19 % VAT, worldwide 23.80 Euro incl. 19 % VAT.
4.3 Siloking will deliver within 5-10 days after receipt of payment but can deliver earlier at any time.
4.4 For cash on delivery the delivery will be carried out after payment of the purchase price, the forwarding charges and the cash on delivery charge.
4.5 Due to several locations SILOKING is entitled to send partial deliveries if reasonable for the customer. The forwarding charges are not affected hereof.
4.6 For deliveries to non EU countries additional costs for taxes and customs may occur at the customer’s expense.
5. Prices and terms of payment
Companies and / or SILOKING service and sales partners order conveniently by purchase on account. Please transfer the amount due only upon receipt of the goods, using the invoice number as reference.
Private customers order on advance payment. After the order you will receive the invoice by e-mail. After payment, using the invoice number as reference, we will ship the goods immediately.
Staff purchase
Staff purchase is only available for SILOKING employees.
No pickup by the customer possible. Part payments are excepted.
The prices quoted in the online shop are final prices including VAT.
Please see delivery information for further details.
Discount codes cannot be submitted after the completion of the order.
6. Reservation of title, reservation of self-supply
The goods delivered shall remain the property of SILOKING until full payment of the purchase price and all other claims arising from the business relationship with the client. If SILOKING is not able to deliver the purchased goods or part of the purchased goods because SILOKING has not been supplied without actual fault the customer will be informed immediately. If SILOKING cancels the contract for this reason the payment will be reimbursed to the customer. SILOKING is obliged to prove that the impossibility of delivery or partial delivery was without any fault on SILOKING’s part.
Verification notice for orders by individuals:
In order to prevent misuse, we determine the actual identity of the customer before shipping. Mandatory therefore is the indication of your landline phone number when registering / ordering.
By placing an order, you agree that we perform the telephone verification process.
7. Privacy protection
SILOKING especially pays attention that personal data is used under acceptance of the Federal Data Protection Act and the Tele Services Data Protection Act, this also applies to SILOKING employees. SILOKING does not hand on personal data of customers provided in the context of the purchase to third parties. Personal data is exclusively used for the processing of the purchase. The customer has the right of information, correction and cancellation of personal data which he can claim from SILOKING by email.
8. Minors
Products can only be purchased by persons over 18.
9. Defects
The statutory rights comply with the statutory provisions unless claims for damages according to no. 10 (Liability) are excluded or limited.
10. Liability
SILOKING has unlimited liability for deliberate and grossly negligent contract violation via its legal representatives or auxiliary persons. In case of simple negligent breach of an essential contractual obligation or breach of an obligation which endangers the attainability of the subject of the contract or breach of an obligation enabling the proper fulfillment of the contract which adherence the customer could rely on, the liability is limited to typical contractual, foreseeable damages. There is no liability for simple negligent breach of nonessential secondary obligations. This shall also apply for the liability of representatives, auxiliary persons and employees.
11. Place of jurisdiction, applicable law
German right is in force, the application to UN Convention on Contracts for the International Sale of Goods is excepted. Place of jurisdiction, if legal, is SILOKING’s registered office.