Terms of service


This website is operated by Satimos (owner Katja Schröder). Throughout the site, the terms “we”, “us” and “our” refer to Satimos. Satimos offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content creators.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools that are added to the current store will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. This provides us with the online e-commerce platform that enables us to sell our products and services to you.

§1 - TERMS AND CONDITIONS FOR THE ONLINE STORE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, and you may not use the Service in violation of any applicable laws in your country (including, but not limited to, copyright laws).

You must not transmit any worms or viruses or other code of a destructive nature.

Violation of any of the Terms will result in immediate termination of your Services.

§2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to use any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is made available.

§3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this website is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance you place on the material on this website is strictly at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.

§4 - CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

§5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color correctly.
We reserve the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions or countries. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected.

§6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may also apply to orders placed from the same customer account or with the same credit card, and/or to orders using the same billing and/or shipping address. In the event we change or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, are placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you if necessary.

§7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or have access to.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of the optional third party tools.

Any use of the optional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party providers.

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

§8 - LINKS TO THIRD PARTIES

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

We are not liable for any damages in connection with the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please read third party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.
 

§9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (e.g. contest entries) or without our request, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We accept no responsibility or liability for comments posted by you or third parties.

§10 - PERSONAL INFORMATION

Submission of personal information through the store is governed by our Privacy Policy.

$11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

§12 - PROHIBITED USES

In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit or engage in any unlawful activity; (c) to violate any international, federal, state, provincial or federal regulation, rule, law or local ordinance; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other form of malicious code that in any way affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) for spamming, phishing, pharming, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet.  We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses.

§13 - WARRANTY DISCLAIMER (LIMITATION OF LIABILITY)

We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service from time to time indefinitely or discontinue the Service at any time without notice.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services made available to you through the Service are (unless expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event will Satimos, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence) strict liability or otherwise, arising out of the use of the Service or any products obtained through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

§14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Satimos and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

§15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

§16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes.

These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or if you discontinue using our Site.

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) accordingly.

§17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

No ambiguity in the interpretation of these Terms of Service shall be construed against the party drafting the text.

§18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with German law.

§19 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

§20 - SPECIAL PROVISIONS - SATIMOS

SECTION 1 General/ Scope of application
1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order.

1.2 General terms and conditions of the contractual partner shall not become part of the agreement between the parties, even if Satimos does not expressly object to their inclusion.

SECTION 2 Contractual partners
2.1 The contractual partner is Satimos (represented by Katja Schröder/ 0176/ 76276870/ support@satimos.com):

(hereinafter “Seller”).

2.2 Customers within the meaning of these Terms and Conditions may be consumers (hereinafter “Customer”). Consumers within the meaning of the Terms and Conditions are natural persons who enter into contracts for a purpose that is predominantly outside their trade, business or profession.

SECTION 3 Conclusion of contract and storage of the contract text

3.1 All offers on the Satimos website are non-binding. By ordering goods, the contractual partner makes a binding declaration that he wishes to purchase the ordered goods.

3.2 Satimo is entitled to accept offers from the contractual partner within a period of two weeks from receipt. The contract is concluded if Satimo confirms acceptance of the offer in writing - by e-mail - or carries out the delivery within this period. Sending the confirmation or the goods within this period is sufficient.

3.3 The complete text of the contract is not stored by us. This can be saved electronically using the browser's print function before sending the order.

SECTION 4 Prices and shipping costs

The prices stated on the product pages include VAT and other price components.

We do not charge a shipping fee for all deliveries. 

The shipping costs are explicitly and clearly communicated to you again on the product pages, in the shopping cart system and on the order page.
SECTION 5 Delivery

All Germany-wide orders should be delivered to you within a period of 5 to 17 working days. Individual items can sometimes take up to 25 working days due to high demand/supply bottlenecks and the global economic situation.

International deliveries (EU + World) usually arrive within 7 to 21 working days at the latest.
SECTION 6 Payment

Payment can be made using one of the payment providers listed on the website or in the store.

SECTION 7 Retention of title

The goods remain the property of Satimos until full payment has been made.

SECTION 8 Right of withdrawal

8.1 You have the right to withdraw from this contract within fourteen days without giving any reason. In addition, Satimos grants you a 46-day right of return, i.e. you have a total of 60 days after receipt of the goods to request a return.
8.2 The withdrawal period is 60 (sixty) days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.

8.3 In order to exercise your right of withdrawal, you must inform Satimos of your decision to withdraw from this contract by means of a clear statement (e.g. a message or an e-mail). You may use the attached model withdrawal form, but this is not mandatory.

8.4 You can also submit the model withdrawal form or another clear declaration electronically on our website (www.satimos.de or support@satimos.com). If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).
8.5 In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

SECTION 9 Consequences of withdrawal

9.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are in receipt of the returned goods. 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.
9.2 To initiate a return, you can contact us at support@satimos.com / Tel.: +49 (0) 176 76276870 or via the contact form on our website (www.satimos.de). If your return is accepted, we will send you a return label and instructions on how and where to send your package. Items returned to us without us first requesting a return will not be accepted.

9.3 We may refuse to refund you until we have received the goods back or until you have provided proof.

9.4 For a return, the item must be in the same condition in which you received it: unworn or unused, with tags and in the original packaging. You will also need the receipt or proof of purchase.
9.5 You must return or hand over the goods to Satimos immediately and in any event no later than 60 days from the date on which you notify us of the revocation of this contract.

9.6 The deadline is met if you send the goods before the period of 14 (fourteen) days has expired.

9.7 You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
SECTION 10 Damage in transit/ preclusion period for notification of defects

If goods are delivered with obvious damage to the packaging or contents, the customer must notify Satimos of this at the latest two weeks after receipt of the goods by phone: +49 (0) 176 76276870 or at support@satimos.de, without prejudice to his warranty rights, so that Satimos can assert the transport damage against the commissioned logistics company. If the customer is a merchant and the contract is part of his commercial business, § 377 HGB (German Commercial Code) shall apply.
SECTION 11 Liability for defects (warranty)

11.1 The statutory warranty provisions shall apply to all defects in the delivered goods.

11.2 There is a statutory right of liability for defects for delivered goods. The warranty is based on the statutory provisions and the following regulations.

11.3 If the customer acts as an entrepreneur, the following shall apply: his claims for defects in the goods shall become time-barred one year after receipt of the goods. The statutory limitation period for recourse claims remains unaffected. Furthermore, the limitation period shall not begin again if a replacement delivery has been made as part of the liability for defects. In addition, rights and claims for defects are excluded for used goods.
11.4 The limitations of liability and shortening of time limits specified in clause 3 shall not apply

a. to claims for damages and reimbursement of expenses by the customer,

b. in the event that the seller has fraudulently concealed the defect,

c. for goods that have been used for a building in accordance with their normal use and have caused its defectiveness.

11.5 Damage caused by improper or non-contractual measures taken by the Customer during installation, use, connection, operation or storage shall not give rise to any claim against Satimos.
.6 The warranty does not cover normal wear and tear or wear and tear through use. If Satimos' maintenance or care instructions are not followed, changes are made to the products, accessories are improperly installed, parts are replaced or care products are used that do not meet the high quality standards of the Satimos brand, the warranty shall not apply to defects that arise or have arisen as a result of a breach of the aforementioned provision.

11.7 Warranties in the legal sense are only granted to the contractual partner if this is expressly confirmed in writing by Satimos.
SECTION 12 Batteries and rechargeable batteries

12.1 If you have purchased batteries or rechargeable batteries from us as a private end customer (consumer), you can return them to us or the municipal collection points free of charge after use.

12.2 Batteries and rechargeable batteries must not be disposed of with household waste. They contain harmful substances and are labeled accordingly. The image of a crossed-out dustbin and the corresponding pollutant (e.g. Cd: cadmium; Pb: lead; Hg: mercury) can be found on the corresponding batteries and rechargeable batteries.
SECTION 13 Liability

13.1 In the event of slightly negligent breaches of principal contractual obligations, the liability of Satimos shall be limited to the foreseeable, contractually typical, direct average damage according to the type of goods. This shall also apply to slightly negligent breaches of duty by Satimos' legal representatives or vicarious agents.

13.2 Satimos shall otherwise be liable in accordance with the statutory provisions if the contracting party asserts claims for damages that were caused intentionally or as a result of gross negligence or are based on intent or gross negligence on the part of a representative or vicarious agent. Insofar as it is not accused of grossly negligent or willful breach of duty, Satimos' liability shall be limited to the foreseeable, typically occurring average damage.
13.3 The above limitations of liability do not apply to damages resulting from injury to life, limb or health.

SECTION 14 Dispute resolution

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link:  http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
SECTION 15 Final provisions

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with mandatory consumer protection regulations of the country in which the consumer is resident.


§ 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@satimos.com. Our contact information:

Tel: +0049 (0) 176 76276870
Satimos (Inh. Katja Schröder)
Postfach 613040
10941 Berlin

 

Deutschland