INSTRUCTION FOR THE CONSUMER
Cancellation policy
Right of withdrawal
You may withdraw from the contract in text form (e.g. by letter, fax, e-mail) within two weeks without giving any reasons or - in case you received the goods prior to the expiry of this period - by means of returning the goods. The period begins on the day after which this instruction is received in writing but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not prior to fulfilment of our duty of information according to Article 246 § 2 in conjunction with § 1(1) of the Introductory Act to the German Civil Code (EGBGB) as well as our duties according to § 312e(1) clause 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The withdrawal term is observed if the note of withdrawal has been sent or the despatch of the goods has been initiated within the relevant period of time. The revocation is to be addressed to:
SuboLab GmbH
Fine and Industrial Chemicals
Owner: Stefan Subota
Reetzstr. 79
76327 Söllingen
Germany
Telephone: +49 (0)7240 / 9445836
Telefax: +49 (0)7240 / 9445835
E-mail: info@subolab.de
Consequences of cancellation
In case of a legitimate withdrawal any payments, goods, or services provided by either side are to be returned and compensation is to be made for any benefits derived (e.g. any interest received). If you are unable to return the received service completely or partially or only in a poor state, you may be liable for any diminished value of the goods. The consumer shall only be liable for any dimished value of the goods resulting from the handling other than what is necessary to ascertain the nature and function of the goods. "Ascertain the nature and function of the goods" means the consumer should only handle or try it in the same manner as he would be allowed to do in a shop. Goods that can be sent as parcels are to be returned at our risk.
The vendor must always bear the costs for sending the goods and principally the costs for returning the goods. In case of a prior contractual agreement you have to bear the costs for returning the goods, however, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed € 40.00, or if you have at the time of the withdrawal not yet provided a consideration or made a partial payment as agreed by contract in the case that the price of the goods exceeds € 40.00. Goods which cannot be sent as parcels will be collected. Obligations to reimburse any payments have to be performed within 30 days. For you, the period of time begins with sending the declaration of withdrawal or the goods, for us the period of time begins with receipt of the same.
End of the cancellation policy
§ 11 Liability for defects
(1) In case the goods delivered have defects, the Customer can decide whether the Contract will be subsequently fulfilled by repair or replacement of the goods. The SuboLab Fine and Industrial Chemicals is entitled, however, to refuse the Customer's choice if these remedies cause disproportionate costs and the other remedies remain without considerable disadvantages for the Customer.
(2) If the subsequent fulfilment fails, the Customer can basically demand that the trader decreases remuneration (reduction) or cancel the contract. In the case of a minor contractual violation, in particular for insignificant defects, the Customer is not entitled to withdraw from the contract.
3) The Customer, as far as he is not consumer in the sense of § 13 BGB, is obliged to notifiy the SuboLab Fine and Industrial Chemicals in writing of obvious defects within two months of the date of time when the contract-breaching state of the goods was determined. Decisive for observance of the deadline is receipt of the notification by the SuboLab Fine and Industrial Chemicals. In case of a failure by the Customer to notify us, the warranty rights expire two months after determination of the defect. This does not apply in the event of malice on the part of the SuboLab Fine and Industrial Chemicals.
(4) If the Customer decides to withdraw from the Contract due to a legal or material defect after subsequent fulfilment failed, he is not entitled to receive damages for the defect. If the Customer chooses to receive damages after subsequent fulfilment failed, the goods remain the property of the Customer if reasonable. The damages are limited to the difference between the purchasing price and the value of the defective item. This does not apply if the SuboLab Fine and Industrial Chemicals has caused the violation of the contract maliciously.
(5) The period of limitation is two years starting from the delivery of the goods. This does not apply if the Customer has not reported the defect in time in accordance with Section 3 of this Policy.
(6) The Customer does not receive guarantees in the legal sense. Manufacturers' guarantees remain unaffected by this.
(7) If the Customer has filed an unfounded complaint about a product and the product is free of faults and defects and if, furthermore, the right of withdrawal according to § 10 of these Terms and Conditions has expired, the Subolab Fine and Industrial Chemicals is entitled to charge the Customer for the damage, i.e. charge shipping and inspection costs in the amount of € 40.00. The Customer is entitled to prove that the damage was lower or that there was no damage. As far as the SuboLab Fine and Industrial Chemicals can prove that the damage has increased by the unfounded complaint, compensation can be demanded from the Customer.
§ 12 Limitation of liability
(1) In cases of slight negligence the SuboLab Fine and Industrial Chemicals' liability is limited to direct losses foreseeable and typicle of this kind of contract. This does also apply in the case of slight negligence by the legal representatives or agents.
(2) The afore-mentioned limitation of liability does not concern the Customer's claims based on product liability. It does not apply to personal injury, injury to health or loss of life of the Customer that can be attributed to the SuboLab Fine and Industrial Chemicals either.
(3) Damages claimed by the Customer due to a defect are barred after a period of one year after the delivery of the goods. This does not apply in the event of malice on the part of the SuboLab Fine and Industrial Chemicals.
§ 13 Information on the Battery Directive / Electronic Equipment Act
(1) In connection with the sale of batteries or rechargeable batteries, or the supply of devices containing batteries or rechargeable batteries, we are obliged to point out the following:
Batteries must not be discarded with domestic waste. As consumer you are required by law to return used batteries. You can return used batteries to the sales outlet or in immediate proximity to it (e.g. in local collecting points or shops) free of charge. Batteries from our range can also be returned to us in reasonable quantities per post. Batteries or rechargeable batteries containing harmful substances are marked with the symbol of a crossed-out wheeled bin. Near this symbol the chemical name of the substance can be found. "CD" stands for cadmium, "Pb" stands for lead, and "Hg" stands for mercury. Electrical and electronic equipment must not be discarded with domestic waste; disposal is only possible via the collecting points of the local authorities.
§ 14 Data protection
When initiating, concluding, processing or cancelling a purchase contract we collect, store and process data in accordance with legal requirements.
When visiting our website the IP address currently used by your PC, time and date, browser type and operating system of your PC as well as the websites you visit are recorded. Inferences about personal details cannot be drawn from it and are not intended, however.
The personal data you indicate e.g. when placing an order or by e-mail (e.g. your name and contact details) are only processed for corresponding with you and only for the purpose for which you provided the data. We pass the data only to the shipping company in charge for delivery, as far as it is required for delivering the goods. For the settlement of payments we pass your payment details to the authorised bank.
Please rest assured that apart from that we will not pass your personal details to third parties unless it was legally required or you have previously given your explicit consent. As far as we use services supplied by third parties for executing and processing operations, the provisions of the Federal Data Procection Act are complied with.
Personal details provided via our website are only stored until the purpose for which they were provided has been served. As far as safekeeping periods in accordance with tax and commercial law have to be taken into consideration, the period for storing specific data can be up to 10 years.
If you no longer agree with the storage of your personal details or they are not correct anymore, we will arrange for the deletion, correction or blocking of your data in accorcance with legal requirements if we receive your corresponding instruction. On request, we provide you free of charge with information about all your personal details we have stored. If you have any questions on the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact us.
§ 15 Data protection regulations
(1) The law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention shall not apply.
(2) If the Customer is a merchant, a legal entity, or a special public fund, the place of business of the SuboLab Fine and Industrial Chemicals shall be the solely place of jurisdiction for all disputes arising from the contractual relationship. The same shall apply if the Customer has no general place of jurisdiction within Germany, or if his place of residence is not known by the time the complaint is filed.
End of the cancellation policy
Exceptions
This right shall not apply in respect of distance contracts for the sale of goods manufactured according to Customer's specifications or clearly tailored to personal requirements, or if the nature of the goods does not allow the returning, or the goods concerned may spoil quickly or their expiry date would have been passed.
