Terms of service
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Granting of Usage Rights for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Sibolab UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.
1.2 These GTC apply correspondingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these GTC refers to data created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which are predominantly not attributable to his commercial or self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person, or a legally capable partnership, acting in the exercise of his commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button completing the order process. The Customer may also submit the offer by e-mail, fax, or postal mail to the Seller.
2.3 The Seller can accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing the order.
If several of the above alternatives occur, the contract is concluded at the moment the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") under the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By choosing a PayPal payment method in the online order process, the Seller already accepts the Customer’s offer at the moment the Customer clicks the button completing the order process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after sending the order. No further accessibility of the contract text by the Seller takes place. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer via their password-protected user account free of charge using the corresponding login data.
2.6 Before submitting a binding order via the online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection can be the browser’s zoom function, which enlarges the display. The Customer can correct his entries during the electronic ordering process using standard keyboard and mouse functions until he clicks the button completing the order process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.
4.3 If the payment method “Sofortüberweisung” is selected, the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). To pay via Sofortüberweisung, the Customer must have an activated online banking account, verify themselves during payment, and confirm the payment instruction. The transaction is carried out immediately by Klarna and the Customer’s account is debited. More information can be found at https://www.klarna.com/sofort/
4.4 If a payment method offered via “Shopify Payments” is selected, the payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Specific information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de
4.5 If a payment method offered via Klarna is selected, payment is processed by Klarna Bank AB. Further information and Klarna’s conditions can be found at https://sibolab.de/pages/zahlungsweisen
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery is made within the delivery area specified by the Seller to the address provided by the Customer, unless otherwise agreed. The address specified in the Seller’s order processing is decisive.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred. This does not apply to delivery costs if the Customer effectively exercises the right of withdrawal.
5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration passes to the Customer as soon as the Seller delivers the goods to the carrier. For consumers, the risk generally passes upon handover to the Customer or authorized recipient. Deviating herefrom, the risk passes to the Customer if the Customer has engaged the carrier and the Seller did not designate this person in advance.
5.4 The Seller reserves the right to withdraw from the contract in case of improper or failed self-supply, unless the Seller is responsible and has taken due care to conclude a coverage transaction with the supplier. The Seller will inform the Customer immediately in case of non-availability and refund the payment immediately.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Digital content is provided to the Customer as follows:
- via download
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise specified, the Seller grants the Customer a non-exclusive, unlimited right to use the content for private and commercial purposes.
6.2 Sharing content with third parties or making copies outside the scope of these GTC is not permitted, unless the Seller consents.
6.3 For one-time digital content provision, rights are granted only after full payment. The Seller may provisionally allow use before payment without transferring rights.
7) Retention of Title
The Seller retains ownership of delivered goods until full payment of the purchase price.
8) Liability for Defects (Warranty)
Unless otherwise specified, statutory defect liability applies. For contracts for the delivery of goods:
8.1 If the Customer is an entrepreneur:
- The Seller chooses the type of subsequent performance;
- The limitation period for new goods is one year from delivery;
- Defect rights for used goods are excluded;
- Limitation does not restart upon replacement delivery.
8.2 These limitations do not apply: