GENERAL TERMS AND CONDITIONS OF SARMAKINAS GMBH

(Online shop)

I. Scope

  1. Sarmakinas GmbH (hereinafter "Sarmakinas") sells products in the online shop www.sarmakinas.com exclusively on the basis of these general terms and conditions. These also apply to all future business relationships in the online shop, even if not expressly stated otherwise.
  2. For product sales in brick-and-mortar stores (including online reservations with purchase in brick-and-mortar stores), separate general terms and conditions apply, which do not replace these Terms and Conditions.
  3. Any changes, additions or deviations from these general terms and conditions must be made in writing.

II. Conclusion of contract

  1. All offers in the online shop are non-binding.
  2. By clicking the "Order with payment" button, you submit a binding offer to conclude a purchase contract. Sarmakinas is not obligated to accept this offer. Subject to a statutory right of withdrawal, the offer remains binding for two business days.
  3. Receipt of the order will be confirmed via an automatically generated email ("Order Confirmation"). This confirmation does not constitute acceptance of the offer. The order details should be checked, and any errors should be reported to Sarmakinas immediately.
  4. Acceptance of the offer occurs by dispatch of the purchased goods.
  5. The order and order confirmation are saved and can be sent electronically upon request.

III. Delivery conditions and delivery periods

  1. Shipping is only to Austria and Germany.
  2. The delivery times listed on the "FAQ / Delivery & Payment" subpage are guidelines only. Deviating delivery times will be indicated directly on the product page.
  3. Sarmakinas may ship orders in partial shipments. This will not incur any additional shipping costs.
  4. Delays due to force majeure (e.g. strikes, natural disasters) or other circumstances beyond our control will result in a reasonable extension of the delivery period.

IV. Prices

  1. All prices are in euros, including VAT, but excluding shipping costs. Current shipping costs are listed on the "FAQ / Delivery & Payment" subpage.
  2. The prices do not include assembly or installation costs.
  3. The available payment methods and the associated terms and conditions are described on the “Payment Methods” subpage.
  4. Unless otherwise agreed, the invoice amount is due immediately. In case of late payment, default interest of 1% per month, as well as reminder and collection fees, may be charged.
  5. A right of set-off or retention only exists if claims have been legally established or are undisputed.

V. Retention of title

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

VI. Transfer of risk

  1. The place of performance and subsequent performance is the registered office of Sarmakinas.
  2. Upon handover of the goods, the risk passes to the receiving person.

VII. Right of withdrawal

Orders can be canceled within 14 days without giving any reason. This period begins upon receipt of the goods.

To exercise the right of withdrawal, a clear declaration by post or email to the following address is required:

Sarmakinas GmbH
Frankgasse 6/31
1090 Vienna
Phone: +43 670 40 84 868
Email: info@sarmakinas.com

Further details on the cancellation process, including returns and refunds, are set out in the applicable terms and conditions.

As of: March 4, 2025

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(stationary retail)

I. Scope

  1. Sarmakinas GmbH (hereinafter "Sarmakinas") sells products in brick-and-mortar stores exclusively on the basis of these general terms and conditions. These also apply to all future business relationships in brick-and-mortar stores, even if not expressly stated otherwise.
  2. Separate general terms and conditions apply to product sales via the online shop, which is why these terms and conditions do not apply.
  3. Any changes, additions or deviations from these general terms and conditions must be made in writing.

II. Conclusion of contract

  1. Sarmakinas GmbH (hereinafter "Sarmakinas") sells products in brick-and-mortar stores exclusively on the basis of these general terms and conditions. These also apply to all future business relationships in brick-and-mortar stores, even if not expressly stated otherwise.
  2. Separate general terms and conditions apply to product sales via the online shop, which is why these terms and conditions do not apply.
  3. Any changes, additions or deviations from these general terms and conditions must be made in writing.

III. Data protection

  1. Sarmakinas is authorized to process data related to the business relationship in accordance with the GDPR or, with consent, to use it for the agreed purposes. Further information is available at: https://www.sarmakinas.com/datenschutz .

IV. Prices

  1. All prices are quoted in euros and include VAT.
  2. Prices are subject to change without notice. No claims can be derived from prices stated in the email confirmation, online, or otherwise prior to the conclusion of the contract.

V. Payment

  1. Invoices must be paid in full on the day of receipt and in any case before the goods are handed over.
  2. If the agreed payment deadline is exceeded, payment will be deemed to be overdue, which may result in late payment interest of 1% per month as well as processing, reminder and collection fees.
  3. A right of set-off or retention only exists if the asserted claims have been legally established or are undisputed.

VI. Transfer of risk

  1. The place of performance and subsequent performance is the registered office of Sarmakinas.
  2. The risk passes to the receiving person upon handover of the goods.

VII. Delay in performance, breach of contract

  1. If a delivery is agreed upon but the required cooperation is not provided, or if the delivery is delayed for other reasons beyond Sarmakinas' control, the resulting additional costs (e.g., storage fees of €10.00 excl. VAT per pallet per week, processing, reminder, and collection fees) may be invoiced. In addition, the goods ready for dispatch may be invoiced.
  2. In the event of delayed acceptance, Sarmakinas may, after the expiration of a grace period without result, dispose of the goods otherwise and fulfill the order within a reasonable, extended period. In the event of delayed acceptance, compensation of at least 40% of the order price may be demanded. Further claims for damages remain reserved.
  3. In the event of default in acceptance, the warranty period begins at the time of default.
  4. If, after conclusion of the contract, there are indications of limited ability or willingness to pay, Sarmakinas may refuse performance until the consideration is secured. If no payment or security is provided within a reasonable period of time, Sarmakinas is entitled to withdraw from the contract or outstanding parts of the contract without further grace and to demand compensation.

VIII. Warranty

  1. The statutory warranty regulations apply.
  2. In the case of justified and timely complaints, there is a right to improvement or replacement of the goods (at Sarmakinas' discretion).
  3. Sarmakinas is entitled to inspect and rectify defects and must be given reasonable time and opportunity to do so. The repair will be carried out at Sarmakinas's headquarters. Defective goods must be handed over for inspection at Sarmakinas's own expense and collected after the defect has been rectified or replaced.
  4. If subsequent performance is unsuccessful or a deadline for it has expired, the customer has the right to withdraw from the contract or to reduce the price. In the case of minor defects, withdrawal is excluded.
  5. Assignment of warranty claims to third parties is excluded. In the event of unjustified warranty claims, all costs incurred must be reimbursed.

IX. Damages

  1. Claims for damages are excluded unless they are based on intent or gross negligence. Gross negligence must be proven. Sarmakinas is not liable for simple negligence.
  2. This exclusion of liability does not apply to damage to life, body or health resulting from intentional or negligent breaches of duty.
  3. If damage has been repaired by Sarmakinas and at the same time there is a claim for insurance benefits, the compensation received must be forwarded to Sarmakinas to cover the costs.

X. Product liability and safety instructions

  1. Care must be taken to avoid or mitigate potential damage caused by product defects. Any knowledge of product liability-relevant risks must be reported to Sarmakinas immediately.
  2. If passed on to third parties, all safety and product information must be passed on and sales data must be recorded.
  3. Sarmakinas is not liable for products or related information that are distributed independently.
  4. In the event of product recalls, the use of the affected goods must be discontinued immediately.
  5. Recourse to Sarmakinas under the Product Liability Act is excluded.

XI. Applicable law

  1. Austrian law shall apply exclusively, excluding international conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
  2. Should any provision be invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by provisions that most closely approximate the original purpose.

XII. Place of performance and jurisdiction

  1. The place of performance is the registered office of Sarmakinas.
  2. The exclusive place of jurisdiction for disputes shall be the competent court at the registered office of Sarmakinas.

As of: January 28, 2025