Terms and Conditions

General Terms and Conditions of Sale

1. Scope of application; Contracting parties

(1) Subject to any differing individual contractual provisions, these General Terms and Conditions of Sale and Delivery (hereinafter also referred to as " Terms and Conditions ") apply exclusively to contracts for sales, deliveries and other services (hereinafter also referred to as " Deliveries ") concluded between SIMS Lifecycle Services GmbH (hereinafter also referred to as " SIMS Lifecycle ", " us ", " we ") and you as our customer (hereinafter also referred to as " Customer ", " you "). Your contractual partner is SIMS Lifecycle Services GmbH.

(2) These General Terms and Conditions apply equally to all types of business transactions, including orders placed via our online shop www.sims-it-shop.de (hereinafter also referred to as " Online Shop "), with the exception of third-party sales platforms (e.g. our eBay shop), unless special regulations are provided for the sale of goods via the Online Shop in individual cases.

(3) These General Terms and Conditions apply exclusively. Any differing, deviating, supplementary, or otherwise conflicting terms and conditions of the customer shall not become part of the contract. This applies even if SIMS Lifecycle provides deliveries and/or services to the customer with knowledge of such terms and conditions, unless SIMS Lifecycle has expressly agreed to those terms and conditions in writing.

(4) These General Terms and Conditions shall also apply to all future contracts for deliveries and services from SIMS Lifecycle to the customer.

(5) These General Terms and Conditions apply to orders placed by consumers and businesses. For the purposes of these General Terms and Conditions, a customer is a consumer if, as a natural person, they enter into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity (hereinafter referred to as " Consumer "). For the purposes of these General Terms and Conditions, a customer is a business if, when concluding the contract, they are acting in the course of their commercial or self-employed professional activity (hereinafter referred to as " Business ").

(6) Legally relevant declarations and notices that the customer is required to submit to us after conclusion of the contract (e.g. setting deadlines, notices of defects, declarations of withdrawal or price reduction) must be in written form to be effective.

2. Offers and service descriptions

(1) The presentation of products in the online shop or in our catalogs does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogs and on the seller's websites do not constitute a warranty or guarantee. The quality of the goods offered in the online shop is determined exclusively by the product descriptions. Please also note that the display on the internet varies from monitor to monitor and can never exactly match the original.

(2) All offers are valid "while stocks last," unless otherwise stated with the product. Errors and omissions excepted.

3. Ordering process; conclusion of contract

(1) You can select products in our online shop and add them to your shopping cart. In the next step, you can proceed from the shopping cart to the "Checkout" where you can enter your personal details and select your payment and shipping methods. By clicking the "Buy Now" button, you complete your order. A contract is only formed upon our written order confirmation or implicitly through delivery of the goods and is governed exclusively by the content of the order confirmation and these terms and conditions of delivery. We will declare the acceptance or rejection of your order no later than 2 days after receipt of the order.

(2) In the case of orders placed via the online shop, the following provisions shall also apply:

(a) At the end of the respective order process, the customer receives a summary of the products ordered and the total price payable, including the statutory value added tax for new goods and, for used goods, the indication of delivery of used goods according to § 25a UStG (differential taxation), as well as including the applicable shipping and additional costs.

(b) Before submitting an order, you also have the opportunity to review your order and, if necessary, correct or delete it entirely by clicking the appropriately labeled buttons.

(c) SIMS Lifecycle will confirm receipt of the order to the customer immediately by email (hereinafter also referred to as: “ Order Confirmation ”). The Order Confirmation does not constitute acceptance of the order unless it explicitly states acceptance in addition to confirming receipt. A contract is only formed when we accept your order by issuing a declaration of acceptance or by delivering the ordered items.

(d) If delivery of the goods ordered by the customer is not possible, for example because the goods are not in stock, we will refrain from issuing an acceptance declaration. In this case, no contract will be formed. We will inform the customer of this immediately and promptly refund any payments already received.

(e) The sole contractual language is German. We store all contract data only within the framework of our commercial accounting in accordance with legal regulations. This data is no longer available/retrievable after the conclusion of a sale. Please save the contract documents sent to you by us or make printouts of them. These General Terms and Conditions and all other contractual terms can be downloaded, saved, and/or printed by you. They will also be sent to you by email for every purchase and sale.

4. Subject matter of the contract and nature of the goods

(1) The subject of the contract is the goods specified in the order or in the order and order confirmation at the final prices stated therein.

(2) The goods we offer are used products, unless expressly stated otherwise in the respective product description.

(3) Used goods may show signs of wear, soiling from previous use, minor defects or functional limitations that do not or only slightly restrict normal use, and similar limitations typical of used goods. This is always indicated in our product descriptions; please read our product descriptions very carefully to avoid misunderstandings.

5. Right of withdrawal

(1) For contracts that we conclude exclusively with consumers using means of distance communication such as telephone or internet, etc., the following conditions apply:

(2) Before returning data storage media and devices with internal storage media (e.g., internal and external hard drives and other mass storage devices, memory cards, USB sticks), you are responsible for backing up and effectively deleting the data you have stored on them. We are not responsible for backing up this data or for its effective deletion if we resell these products.

6. Prizes

(1) The price stated in the respective offer for our goods is the final price, including statutory VAT and other price components. The corresponding shipping costs are stated in the respective offer and are to be borne by the customer, unless the customer exercises their right of withdrawal.

(2) The stated final price does not include any customs duties, import taxes, or other import charges that may be levied by the destination country if the purchased item is shipped to countries outside the European Union. We do not accept returns of transport and all other packaging in accordance with the Packaging Ordinance; it becomes the property of the customer.

7. Payment; Due Date; Default; Set-off

(1) Payment by the customer can generally be made by bank transfer (advance payment), PayPal, or cash (upon collection). Payment must be made without deduction within 7 calendar days of the invoice date.

(2) The customer will be in default upon expiry of the aforementioned payment period. Interest will accrue on the purchase price during the period of default at the applicable statutory default interest rate. We reserve the right to claim further damages for default. With respect to merchants, our right to commercial default interest (§ 353 HGB) remains unaffected.

(3) If SIMS Lifecycle subsequently becomes aware of circumstances indicating a significant deterioration in the customer's financial situation that could jeopardize SIMS Lifecycle's payment claims against the customer (e.g., through the filing of a petition for insolvency proceedings), SIMS Lifecycle is entitled, in accordance with statutory provisions, to refuse performance and – if necessary after setting a deadline – to withdraw from the contract (Section 321 of the German Civil Code) and/or, in the case of outstanding deliveries, to demand advance payment or security. In the case of contracts for the production of non-fungible goods (custom-made items), we may declare withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline remain unaffected.

8. Delivery and shipping; transfer of risk and default of acceptance

(1) Delivery is ex works, which is also the place of performance. At the customer's request and expense, the goods will be shipped to a different destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the method of shipment (in particular, the carrier, shipping route, and packaging). Until dispatch, the customer may collect the purchased item from the SIMS Lifecycle shipping warehouse at the following address after prior notification during our business hours: Monday to Thursday, 8:00 a.m. to 4:00 p.m., and Friday, 8:00 a.m. to 1:30 p.m. SIMS Lifecycle Services GmbH, Im Weiherfeld 25, 65462 Ginsheim-Gustavsburg.

(2) When selling to consumers, we bear the transport risk until the goods are handed over by the carrier to the customer.

(3) In the case of sales by dispatch to businesses as defined in clause 1 paragraph 5 letter b of these General Terms and Conditions, the risk of accidental loss or accidental damage to the goods, as well as the risk of delay, passes to the buyer upon delivery of the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If acceptance is agreed upon, this is decisive for the transfer of risk. Furthermore, the statutory provisions governing contracts for work and services apply accordingly to any agreed-upon acceptance. Delivery or acceptance is deemed to have occurred if the customer is in default of acceptance.

(4) The delivery period will be agreed individually or specified by us during the ordering process. The commencement of the delivery period specified by us is contingent upon the customer having provided us with all information and documents necessary for the execution of the delivery in a timely manner and having made any agreed advance payments as agreed.

9. Inspection obligations and duty to report defects for entrepreneurs

(1) The warranty claims of a customer who is a business are conditional upon the customer having complied with their statutory obligations to inspect and give notice of defects (Sections 377, 381 of the German Commercial Code). If the customer is a business, they are obligated to inspect deliveries for defects immediately and to notify SIMS Lifecycle of these defects in writing or text form without delay, but no later than 10 calendar days after delivery to the customer. In the case of latent defects, the notification period begins at the time when the latent defects are discovered or could have been discovered without gross negligence. The transfer of the purchased goods to third parties or their shipment to a foreign customs territory does not release the customer from their obligation to give notice of defects under this paragraph.

(2) If the notice of defects is not given or not given in due time, our liability for the unreported defect is excluded.

10. Retention of title

(1) The purchased item remains the property of SIMS Lifecycle until all claims arising from the purchase agreement have been fully satisfied. With respect to businesses, this also applies until all future claims of SIMS Lifecycle arising from the ongoing business relationship, including interest and costs, have been fully settled.

(2) The customer is not entitled to sell or otherwise dispose of the purchased item, in particular to pledge it or transfer it as security, as long as the retention of title remains in effect, i.e., as long as the customer has not fulfilled all claims of SIMS Lifecycle arising from the relevant purchase agreement. Combining purchased items subject to retention of title with the customer's own property or the property of third parties is also prohibited.

(3) The customer shall notify SIMS Lifecycle immediately in writing or in text form if and to the extent that third parties access the goods subject to retention of title.

11. Warranty for material and legal defects; Guarantee

(1) The statutory warranty rights apply without limitation to the rights of consumers in the event of material defects and defects of title.

(2) The basis of our liability for defects is primarily the agreement reached regarding the quality of the goods. Product descriptions (including those of the manufacturer) that are designated as such and provided to the customer before placing their order, or incorporated into the contract in the same manner as these General Terms and Conditions, constitute an agreement regarding the quality of the goods. Warranty rights are excluded with respect to damage to the purchased items caused solely by improper or other breaches of contract by the customer or persons attributable to the customer. This applies in particular if the customer has failed to observe the manufacturer's operating instructions. (3) When selling used goods to businesses, the warranty for defects is excluded. The provision in clause 12 of these General Terms and Conditions remains unaffected.

(4) If the customer is a business, SIMS Lifecycle shall choose the method of subsequent performance at its own discretion. Otherwise, the statutory provisions shall apply, unless otherwise stipulated in clause 11 of the General Terms and Conditions. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor, and material costs, are excluded to the extent that these expenses increase because the purchased item was subsequently moved to a location other than the customer's place of business.

(5) In the event that SIMS Lifecycle replaces delivered items or parts thereof under warranty, the customer shall return and transfer ownership of the replaced items or parts to SIMS Lifecycle.

(6) An additional guarantee for goods supplied by Sims Lifecycle exists only if it has been expressly stated in the order confirmation for the respective goods.

12. Limitation of Liability

(1) The customer’s claims for damages are generally excluded.

(2) Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely, hereinafter referred to as " cardinal obligations ") as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) In the event of a breach of cardinal obligations, SIMS Lifecycle shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.

The limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act as well as clause 11 paragraph 1 of these terms and conditions remain unaffected.

13 Statute of limitations

(1) If the customer is a consumer, claims for defects in the purchase of used goods expire within one year of delivery of the purchased item; otherwise, within two years of delivery. This limitation period also applies to contractual and non-contractual claims for damages by the customer based on a defect in the purchased item. Excluded are cases of the absence of a warranted characteristic, fraudulently concealed defects, and claims arising from guarantees, which are governed by the respective guarantee terms. The statutory limitation periods apply to claims for damages by the customer arising from injury to life, body, or health, as well as claims for damages based on an intentional or grossly negligent breach of duty by SIMS Lifecycle, its legal representatives, or vicarious agents.

(2) If the customer is a business, claims for defects become time-barred within one year of delivery of the purchased item. This limitation period also applies to contractual and non-contractual claims for damages by the customer based on a defect in the purchased item. Sections 444 and 478 of the German Civil Code (BGB) remain unaffected.

(3) The limitation periods under the Product Liability Act remain unaffected.

14. Data protection

(1) The seller shall process the customer’s personal data for specific purposes and in accordance with the legal provisions.

(2) The personal data provided for the purpose of ordering goods (such as name, email address, postal address, payment details) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery, and payment process.

(3) The customer has the right, upon request and free of charge, to receive information about the personal data stored about him or her by the seller. He or she also has the right to rectification of inaccurate data, blocking and erasure of his or her personal data, provided that no legal obligation to retain such data exists.

(4) Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy. https://www.sims-it-shop.de/sls/datenschutz/

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15. Choice of law, place of jurisdiction

(1) Contracts between SIMS Lifecycle and its customers are governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract shall be the registered office of SIMS Lifecycle. However, we are also entitled to bring an action at the customer's general place of jurisdiction. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.

16. Severability Clause

Should any provision of these Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these Terms and Conditions shall remain unaffected, unless the elimination of individual clauses would so unreasonably disadvantage one of the contracting parties that it can no longer be expected to adhere to the contract.

16. Online Dispute Resolution (ODR)

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ . Consumers have the option of using this platform to resolve their disputes. We are generally willing to participate in out-of-court dispute resolution proceedings.

As of December 2020