General terms and conditions of business

1 Area of applicability

1.1 These general terms and conditions shall apply to all contracts of SATA GmbH & Co. KG, Domertalstrasse 20, 70806 Kornwestheim, Germany (hereinafter referred to as "SATA") which are concluded with end customers via its online shop where the end customer can be an entrepreneur or consumer (hereinafter referred to as "Customer").

1.2 A consumer as defined in § 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his or her commercial or independent professional activities. An entrepreneur as defined in § 14 of the German Civil Code (BGB) is any natural or legal person or a business partnership which is acting in the exercising of its commercial or independent professional activities at the time of conclusion of a legal transaction.

1.3 General terms and conditions of the Customer shall not apply, unless SATA has expressly agreed to their applicability in writing.

2 Setting up of a customer account / registration process

2.1 The Customer has the option of registering in the online shop of SATA. The Customer can do this in the course of the ordering process, but also independently of an order. It is not necessary to register with SATA in order to make purchases.

2.2 Following the receipt of the personal data which is received within the framework of the registration, SATA will send the Customer a confirmation email. The registration process is then completed. SATA will set up an account for the Customer. The Customer can then administer and update his or her customer data, such as delivery address by himself or herself.

2.3 The Customer must provide his or her personal information in a truthful manner. Should the data change during the term of the contract or during its performance, the Customer shall be obliged to inform SATA of these changes immediately. Should the Customer fail to do so or should the Customer provide incorrect data from the start, SATA shall be entitled to rescind the contract which has been concluded without any costs being incurred. Costs which are incurred due to misdirection of the products as a result of the incomplete or incorrect provision of the address can be passed on to the Customer.

2.4 The Customer must ensure that the email account, fax number or telephone number provided by him or her are contactable. It must be ensured that the receipt of emails is not excluded due to forwarding, suspension or overfilling of the email account.

2.5 The Customer shall keep his or her username and password for access confidential, shall not disclose it, shall not allow or enable the username and password to become known by unauthorised persons or third parties and shall notify SATA via the email address shopuk@sata.com should this information be misused or lost or should a corresponding suspicion exist that this information has been misused or lost.

2.6 The Customer can delete the account by sending a corresponding request to SATA by email to the following address: shopuk@sata.com. The data of the Customer will then be deleted immediately, unless SATA is entitled or obliged to further store the data of the Customer in accordance with statutory regulations.

2.7 The customer can obtain further information concerning the handling of personal data from the privacy policy.

3 Subject matter of the contract / offer and conclusion of the contract

3.1 The subject matter of the contract is the respective product ordered by the Customer with the characteristics and dimensions of the product description listed in the online shop of SATA. Images in the online shop serve the purpose of general product information and are solely of an illustrative nature. No undertaking is provided that these are complete and correct.

3.2 The contract shall come into existence solely by means of the electronic commerce via the shop system. The presentation of the products in the online shop does not yet represent a binding offer to conclude a sales agreement.

3.3 The Customer can select products from the range and collect these in a so-called shopping basket in a non-binding manner via the "add to cart" button. The shopping basket can be viewed at any time by clicking the "my cart" button. By clicking the "go to check out" button, the Customer is directed to an overview page. Here, products can be removed if necessary by clicking the "remove item" button or the number of products can be corrected by providing an entry in the "qty" field. Should the Customer wish to purchase the products in the shopping basket, the Customer clicks the "proceed to checkout" button. Should the Customer already possess a customer account, the Customer can register and the Customer data will be obtained from the customer account. The Customer also has the option of ordering as a guest and providing his or her delivery and invoice address.

3.4 Once the payment method has been chosen and the terms and conditions and notice of revocation have been accepted, the Customer submits a binding offer to conclude a sales agreement in relation to the goods in the Customer’s shopping basket by clicking the "place order" button. Immediately afterwards the Customer will receive an order confirmation email. With this email SATA accepts the offer and the sales agreement will be concluded.

4 Prices / shipping costs

4.1 The prices listed in the online shop at the time of the order apply. The prices in the shop are stated in pounds sterling as net prices (exclusive of VAT) and as gross prices (including VAT) and are exclusive of shipping costs.

4.2 Consumer prices are gross prices (including VAT).

4.3 Should the Customer be an entrepreneur and should the Customer provide a valid VAT number at the time of the order, the delivery from Germany to the UK can be exempted from VAT (§ 4 Number 1 Letter b and § 6a of the German Value Added Tax Act - UStG). The Customer is obliged to provide the correct VAT number. This must correspond to the company name and address stated in the billing address. SATA will check the validity of the VAT number. If the VAT number is not valid or does not correspond with the company name and address given respectively, SATA has the right to withdraw the sales agreement within 7 days after conclusion of the contract. If SATA exercises is right to withdraw, the Customer will be refunded the purchase price.

4.4 For orders with a net value (exclusive of VAT) of over GBP 100, SATA will deliver without any shipping costs being incurred. For orders under GBP 100 (net), SATA charged GBP 8.50 (exclusive of VAT) or GBP 10.12 (including VAT) per delivery.

5 Delivery and shipping conditions / transfer of risk

5.1 The ordered products are not handed over to the Customer or the sending of the products to the specified delivery address does not take place until payment has been made by the Customer in accordance with Number 6. In case of shipping, the delivery time is approximately 1 to 5 days, unless otherwise stated in the product detail pages or in the order confirmation. Should SATA not be able to provide delivery during the stated time due to problems connected to self-supply, the provisions in Number 5.5 shall apply.

5.2 The delivery takes place ex-works to the delivery address provided by the Customer. SATA reserves the right to choose the transportation route and means of delivery. SATA shall bear the risk of shipping, should the Customer be a consumer. Should the Customer be acting as an entrepreneur, the risk of possible destruction or deterioration of the goods shall be transferred to the Customer, once the goods have been handed over to the person/delivery service which is responsible for the transportation.

5.3 Should the Customer be acting as an entrepreneur, the Customer shall provide the best possible support to SATA in accordance with the following provisions in case of damage during transportation, should claims be brought against the transportation company concerned or under the transportation insurance.

  • In case of the acceptance of a delivery which has recognisable external defects, the Customer is obliged to note the damage in the respective shipping documents and have these documented by the delivery company; the packaging must be retained.
  • Should the (partial) loss or damage not be recognisable externally, the Customer must notify this to SATA within four working days (Monday to Friday) of delivery or to the transportation company within seven days of delivery, in order to ensure that any claims against the transportation company can be asserted in time.

5.4 SATA will only assume a quality risk if an agreement has been concluded in writing, using the term "SATA shall assume the quality risk for ..." Therefore neither the assumption of a quality risk nor a quality guarantee can be derived simply from the entering by SATA into an obligation to deliver a specified item.

5.5 Should SATA fail to receive a product which has been ordered from its sub-supplier for reasons for which SATA is not responsible, or should the product not be correct or should it not be delivered on time despite proper coverage and availability or should events of force majeure occur, ie performance hindrances for which SATA is not responsible and which last for more than 14 calendar days, SATA will endeavour to the best of its ability to inform the Customer of the start of the delivery delay or force majeure in such a case without culpable delay. In such a case, SATA shall be entitled to postpone the provision of service for the duration of the hindrance and a reasonable start up period or to rescind the contract in full or in part in relation to the part which has not yet been fulfilled, provided that it has complied with its information obligation, has not assumed a quality or manufacturer risk and the performance hindrance is not just of a temporary nature. In such a case, the Customer is not required to provide any compensatory measures. Force majeure is defined as strike, blockades, interventions by the authorities, lack of energy and raw materials, transportation bottlenecks for which SATA is not responsible, operational disruptions for which SATA is not responsible, for example due to fire, flooding and machine damage, as well as all other hindrances which have not been caused by SATA in a culpable manner in case of an objective assessment.

5.6 Should an agreed delivery deadline be exceeded for more than four weeks due to the circumstances stated above or should the continuation of the contract be objectively unreasonable for the customer in case of a non-binding delivery time, the Customer shall be entitled to rescind the part of the contract which has not yet been fulfilled. Further rights of the Customer, in particular the bringing of damages claims, shall be excluded.

6 Payment / delay

6.1 Payment is accepted via the following methods: Credit card, debit card, PayPal

  • a) Debit card / credit card
    In case of payment by card, the Customer must be the cardholder. The Customer must provide his or her card details at the time of submission of the order. The card will be debited prior to the shipping of the products which have been ordered.
  • b) PayPal
    The Customer will be redirected to the website of PayPal during the ordering process. In order to pay the invoice amount via PayPal, the Customer must be registered with it and/or carry out a registration, verify himself or herself with his or her access data and confirm the payment instruction to SATA. Once the order has been submitted in the shop, SATA makes a request of PayPal to initiate the payment transaction. The Customer can obtain further information during the ordering process. The payment transaction will then be carried out by PayPal immediately after this process.

6.2 Unless otherwise agreed, the purchase price and shipping costs shall become due at the time of conclusion of the contract in accordance with Number 3.

6.3 Should the Customer enter payment default, SATA shall be entitled to charge consumers default interest to the amount of 5 percentage points above the statutory base rate of interest or, in case of entrepreneurs, default interest to the amount of 9 percentage points above the statutory base rate of interest. In case of non-payment, the Customer shall enter payment default either on the day following the issuing of a warning or, should no warning be issued, 30 days following the due date for payment and receipt of an invoice. In addition, SATA can charge customers who are entrepreneurs fixed delay compensation to the amount of EUR 40 in accordance with § 288 Paragraph 5 of the German Civil Code. The fixed compensation shall be set off against any damages which are owed, should the loss consist of the costs of legal action, such as lawyer fees in particular. Regardless of the above, SATA shall reserve the right to bring further claims for compensation, in particular higher rates of interest, additional costs and, in relation to consumers, warning fees to the amount of EUR 2 per warning. Bank costs which are incurred by SATA due to incorrect account information or unjustified payment refusals can be passed on to the Customer, unless the Customer is not responsible for the incorrect information. The Customer shall be entitled to provide proof that no loss was incurred by SATA or that SATA incurred a lower loss.

7 Right of set off and rights of retention

7.1 The Customer shall only have a right of set off if the counterclaims of the Customer have been recognised by a court or have been acknowledged by SATA.

7.2 The Customer shall be entitled to exercise a right of retention if the counterclaim on which the right of retention of the Customer is based is undisputed, has been recognised by a court or if a judgement is pending and relates to the same contractual relationship.

8 Reservation of ownership

8.1 The delivered product shall remain the property of SATA until the purchase price has been paid in full. The Customer shall be obliged to treat the product with care.

8.2 Should the Customer have placed the order as an entrepreneur, SATA shall reserve ownership in the products delivered by SATA until all payments under the business relationship with the Customer have been received. In the event of sale of the items subject to reservation of ownership, prior to complete fulfilment of the claims by SATA, the Customer hereby assigns its outstanding claims against its consumers to the amount of the invoice sum of the goods subject to reservation of ownership, as well as any claims under the Customer's own reservation of ownership. Following a request by the Customer, SATA shall be obliged to release the securities to which it is entitled in accordance with the terms above according to the choice of SATA, to the extent that their realisable value exceed the claims to be secured by more than 10%. The Customer shall neither be permitted to pledge the delivered product nor assign it as security. In the event of attachments or seizure or other disposals by third parties, the Customer shall notify SATA of such immediately.

8.3 In case of behaviour on the part of the Customer which is in breach of contract, in particular in case of failure to pay the purchase price which is due, SATA shall be entitled to rescind the contract in accordance with the statutory regulations and to demand return of the products on the basis of the reservation of ownership and contractual rescission. Should the Customer fail to pay the purchase price, SATA may only claim the said rights if SATA has issued the Customer with a reasonable deadline for payment first or if such a setting of a deadline is not required in accordance with the statutory regulations.

9 Warranty / guarantee

9.1 In relation to the services offered, consumers are entitled to a statutory right in relation to liability for defects in accordance with the applicable provisions of the German Civil Code (BGB).

9.2 In case of defects to the delivered item, the Customer shall initially only have a claim to supplementary performance. Consumers shall have the choice as to whether the supplementary performance should take place by means of improvement or a replacement delivery. However, SATA shall be entitled to refuse the chosen form of supplementary performance, should this only be possible with disproportionate expense and should the other form of supplementary performance not represent any significant disadvantage to the consumer. Should the Customer be an entrepreneur, SATA shall have the choice as to whether the supplementary performance is to take place by means of improvement or a replacement delivery.

9.3 Material defect claims shall be excluded, should the defect be caused by alterations or modifications having been carried out to the product or should parts have been replaced. SATA is not liable for damage to the goods, which is due to natural wear and tear, unsuitable or improper use, faulty assembly or commissioning, excessive use or improper alteration or repair by the Customer or third parties, or through improper cleaning methods, electrochemical or electrical influences, provided that these are not due to fault by SATA.

9.4 Should the Customer be an entrepreneur and, at the same time, as businessman, the investigation and complaint obligation set out in § 377 of the German Commercial Code (HGB) shall apply.

9.5 Should the Customer be an entrepreneur as defined in § 14 of the German Civil Code (BGB), the limitation period for the assertion of material defect claims and claims relating to defects of title is one year following delivery. The limitation period for recourse claims in case of supplier regress in accordance with §§ 478, 479 of the German Civil Code (BGB) shall remain unaffected.

10 Liability

10.1 Regardless of legal reason (for example breach of obligation, unlawful acts), SATA shall incur liability to pay damages or reimburse futile expenses in accordance with the provisions below:

  • a) In case of intent or gross negligence, in case of fraudulent concealment of a defect or in case of failure of a quality or durability guarantee which has been assumed in writing in an exceptional case in accordance with § 443 of the German Civil Code (BGB) without limit;
  • b) In case of simple negligence, should a contractual cardinal obligation be breached. Contractual obligations are such obligations which protect the legal positions of the Customer under the contract which are to be granted to the Customer under the contract in terms of content or purpose or whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the Customer many rely. In such a case, the liability shall be limited in each instance to losses which are foreseeable at the time of conclusion of the contract and which are typical of the contract. Otherwise, liability due to other losses which are caused in simple negligence and liability towards entrepreneurs due to loss of profit, additional personnel expenses on the part of the Customer, usage breakdown of use and/or loss of revenues is excluded. The provision in Number 10.2 shall remain unaffected.

10.2 The liability for injury to life, body or health shall be in accordance with the statutory provisions. The mandatory provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3 Where possible, the Customer shall be obliged to immediately notify SATA of any losses which come under the liability provisions above in text form or to have these recorded by SATA, so that SATA is informed as early as possible and has the option of carrying out loss mitigation with the Customer which has suffered the loss.

10.4 SATA shall not incur any further liability. In particular, no liability shall exist for initial defects unless the requirements in Number 10.1 b) Sentences 1 to 3 and 10.2 are present or if the defect is connected to an agreed adjustment to a product which is agreed under an individual contract.

10.5 The restrictions of Number 10.1 b) and 10.4 shall also apply in favour of the legal representatives and vicarious agents of SATA, should claims be brought against these directly.

10.6 Should liability for losses caused not due to injury to life, body or health, fraudulent acts, under a guarantee or under the German Product Liability Act (Produkthaftungsgesetz) not be excluded in case of simple negligence, such claims against entrepreneurs shall be time barred one year after the claim arising.

11 Right of revocation

11.1 The Customer has a right of revocation in accordance with the following statutory provisions which lasts for two weeks:

Revocation notice

Right of revocation

You have the right to revoke this contract within fourteen days without the giving of reasons. The deadline for revocation is fourteen days from the day on which you or a third party nominated by you who is not the carrier took possession of the final goods or services. In order to exercise your right of revocation you must inform us (SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, (shopuk@sata.com)of your decision to revoke this contract may means of a clear declaration (for example a letter sent by post, telephone call, fax or email). You can use the attached sample revocation form which is not however mandatory or the online entry mask (Cancellation / Warranty).

In order to comply with the deadline, it suffices for you to send the notification concerning the exercising of the right of revocation prior to its expiry.

Consequences of revocation for goods

Should you revoke this contract, we must immediately and at the latest within 14 days from the day on which the notification concerning your revocation of this contract was received by us refund all payments which we have received from you, including the delivery costs (with the exception of the additional costs due to having selected a different method of delivery to the cheapest standard delivery offered by us). For this refund we will use the same payment method that you selected during the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged any fees in connection with this refund. We can refuse the refund until the time we have retaken possession of the goods or until you have provided proof that you have sent the goods back, depending on which is the earliest.

You must return or hand over the goods to us (SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany) immediately and in all cases within 14 days of the day on which you inform us of the revocation of this contract. The deadline is deemed to have been complied with if you send the goods prior to the expiry of the deadline. We will pay the costs of the return of the good to SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany.

Should you not be able to return the delivered goods to us in full or in part or only in a poorer condition, you may be required to pay us compensation in this respect. In relation to the handover of items, this shall not apply if the deterioration is only due to the inspection of the goods in a manner which would have been available to you in a retail shop. Otherwise you can avoid the value compensation obligation by not using the object as an owner and refraining from all actions which could impair its value.

Consequences of revocation for services

If you revoke this Agreement, we will refund all payments we have received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

If you have requested that the services commence during the revocation period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal under this Agreement compared to the total scope of the services provided for in the agreement. You as Customer bear the direct costs for returning the products that can be shipped via parcels as well as the direct costs for returning the products that cannot be shipped via parcels.

Criteria for exclusion or expiry

The revocation right expires when a contract for provision of services is concluded if SATA has provided the service completely and has started with the provision of the service only after the Customer has given an explicit approval for the same and, at the same time, has also confirmed that he is aware that he shall lose his revocation right upon complete fulfilment of the contract by SATA.

End of the cancellation policy/

Sample revocation form

Should you wish to revoke the contract, you can use the following form or similar unequivocal wording:

To SATA GmbH & Co. KG, Domertalstraße 20, D-70806 Kornwestheim, E-Mail: shopuk@sata.com:

- I / we (*) hereby revoke the contract concerning the purchase of the following goods (*) / provision of the following service (*) concluded my myself / ourselves.

- Ordered on (*) / received on (*)

- Name of the consumer

- Address of the consumer

- Signature of the consumer (only in case of paper notification)

- Date ________ (*) please delete as appropriate

11.2 The right of revocation does not apply in case of contracts for the delivery of goods which are not pre-manufactured and for whose manufacture an individual selection or instruction by the consumer is decisive or where the goods are clearly tailored to the individual requirements of the consumer.

11.3 The right of revocation will lapse prematurely in case of contracts for the delivery of goods, should these be mixed with other goods in an inseparable manner following the delivery due to their qualities.

12 Applicable law / place of jurisdiction

12.1 These general terms and conditions and contracts concluded between the Customer and SATA on the basis of these shall be subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention governing the International Sale of Goods. Should the Customer have concluded the contract as a consumer, the mandatory provisions of the legislation of the country in which the Customer maintains his or her ordinary place of residence shall remain unaffected.

12.2 Should the Customer be a businessman, a legal person under public law or a public law special fund or should the Customer not have a place of residence in Germany, the place of jurisdiction for all contracts which have been concluded on the basis of these general terms and conditions shall be the competent court of the place of business of SATA.

13 Closing provisions

13.1 It is possible to conclude a contract in German and in English.

13.2 Oral ancillary agreements, amendments or additions to the sales agreement and the general terms and conditions shall require text form to take effect. This shall also apply to the above form requirement. Amendments which do not conform to the form requirement above are invalid. The validity of individual agreements, regardless of form, shall remain unaffected by this clause.

13.3 Should one or more of the provisions above be ineffective or contain a loophole, the validity of the remainder of the contract shall not be affected thereby. Within the framework of what is reasonable, the Parties shall be obliged to replace the ineffective provision with a lawful clause with the equivalent economic purpose and/or to fill the loophole with such a provision, provided that this does not lead to a significant alteration to the contents of the contract.

13.4 Unless otherwise stated in the order, the place of performance shall be the place of business of SATA.

13.5 Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution, which you can obtain as a customer from http://ec.europa.eu/consumers/odr/. SATA is not obliged to participate in dispute resolution proceedings before a consumer mediation panel and is not, as a rule, prepared to do so.

13.6 SATA stores the details of the contract text and sends the customer an order confirmation email with the general terms and conditions. The customer can view general terms and conditions here. Registered customers can view the past orders in the customer LogIn area.

Additional regulations to the General Terms & Conditions for the SATA “Custom Design Gun” programme

1. Area of applicability

1.1 These additional data are a supplement to the applicable General Terms & Conditions (referred to in the following as "T&C")

  • for all contracts of SATA GmbH & Co. KG, Domertalstrasse 20, 70806 Kornwestheim, Germany (hereinafter referred to as “SATA”) which are concluded with SATA end customers via its online shop where the end customer can be an entrepreneur or consumer (hereinafter referred to as “Customer”) or
  • for contracts that are concluded for products that are individualised via the SATA product configurator in the "Custom Design Gun" area of the online shop.

respectively for regulations for the SATA "Custom Design Gun" programme.

1.2 To the extent that the existing additional regulations and the General Terms & Conditions deviate from each other, the present additional regulations take priority.

2. Subject matter of the contract / offer and conclusion of the contract

2.1 The subject of the contract is the product individualised and ordered by the customer via the SATA product configurator in the “Custom Design Gun” area of the online shop with the characteristics and dimensions of product description listed in SATA's online shop.

2.2 The contract shall come into existence solely by means of the electronic course of business via the shop system. The presentation of the products in the online shop for individualisation by the customers is not a binding offer until the purchase agreement has been concluded.

2.3 The customer can choose a product (referred to in the following as “selected product”) for individualisation from the available range and can upload a photo, a diagram, a logo, a text or other two-dimensional presentation (referred to in the following as “image”) in digital form so that the image or a part thereof can be applied to the selected product. The customer must adhere to any specifications with regard to the image, file format, file size, resolution, image size etc. The virtual presentation of the individualised product can differ from the actual individualised product due to technical production procedures.

2.4.a Once the payment method has been chosen and the Terms & Conditions and notice of revocation have been accepted, the Customer submits a binding offer to conclude a sales agreement in relation to the goods in his or her shopping basket by clicking the “place order” button. Immediately afterwards, the customer will receive an e-mail confirmation of the order being received to inform the customer that his or her order has been received and is being checked.

b. SATA checks the order for technical feasibility, optionally without any obligation regarding possible violations of applicable law, optionally without any obligation of possible violations of the rights of third parties and possibly with regard to additional criteria.

c. Once the order has been checked successfully, SATA accepts the order and the customer receives an order confirmation. Once this order confirmation is received by the customer, the purchase agreement comes into force.

d. If the order does not pass this inspection, in particular because of the reasons named in clauses 3 or 5 of the existing additional regulations, SATA can reject the customer's order without further justification. In this case, the customer will receive a corresponding notification.

e. If SATA has reason to suspect that the uploaded image could violate the rights of third parties, SATA will notify the customer accordingly and grant him or her an opportunity to state their position within a period specified by SATA. If SATA receives no response or an insufficient response from the customer within this set notice period, SATA is entitled to reject the order without stating any additional justification.

f. If SATA rejects the customer's order, the customer will be reimbursed for any payments regarding the product that have already been made.

3. SATA's right to withdraw from contract

In case of legal violations or violations of the rights of third parties in the image uploaded by the customer or if the image uploaded by the customer features illegal, immoral, offensive, hate speech-related, politically or religiously offensive, xenophobic, extremist and/or sexist contents, SATA is entitled, again without naming further justification, not to apply the image to the selected product and to reject the order or withdraw from the contract according to legal guidelines and to demand any products already delivered to be returned by the customer. Sata's right to make additional claims remains unaffected by this. The regulation in clause 2.4 lit f) is applied accordingly.

4. Warranty / Guarantee

Defects are deemed to be technical or visual faults that would have been avoidable according to the current standard of technology and not merely subjective opinions, in particular personal taste. Any colour deviations between the uploaded image and the individualized product, image section or among other things margins are not deemed to be defect. A quality impairment caused by the lack of quality of the uploaded image, e.g. due to low resolution, soft focus or image noise is also not deemed to be a defect.

5. Copyright, brands and other laws

The customer is solely responsible for the contents of the uploaded image. By uploading the image and acknowledging the existing additional regulations, the customer warrants that he or she is the owner of the required rights of the image or has acquired the required rights for the image and assures that he or she has verified the uploaded image for any possible copyright, trademark or other violations and that the image does not violate such laws or any other laws. The customer is solely liable for any legal violations regarding third parties or other laws caused by the execution of the order accepted by SATA. The customer releases SATA from any legal claims by third parties resulting from such a legal violation when first requested. SATA is entitled but not obligated to check the contents of the uploaded images for possible violations of the rights of third parties and violations of applicable laws.

6. Rights of use and claims by third parties

6.1 SATA has the right to use the virtual presentation of the individualised product or photos of the actual individualised product for advertising purpose, in particular at the SATA website www.sata.com and/or at trade fairs, and in particular to advertise the online shop. If the individualised product features images of persons, the customer will on request provide SATA with the contact data of the persons shown subject to data protection regulations, so that SATA can obtain permission from the persons shown in the image.

6.2 The customer grants SATA an exclusive, free-of-charge, permanent, irrevocable, unlimited, worldwide and sub-licencable utilisation right for the uploaded image for use in connection with products in the area of varnishing technology. SATA is entitled to process the uploaded image or otherwise alter it, make it publicly accessible and apply it to spray guns in a serial procedure and to distribute it worldwide without limitations. With the payment of the agreed purchase price, SATA grants the customer the right to use the ordered products with the uploaded image applied to them.

6.3 SATA is entitled to apply for national and international protective rights for the uploaded image and the individualised product, in particular design patents or design and/or copyright registrations. SATA will name the creator of the image as the author or designer. The creator will provide SATA with all information and documents and provide signatures as needed for the copyright registration. If the customer is not the creator, then the customer will make the creator aware of the existing additional regulations and obtain their permission regarding these conditions.

7. Right of revocation

With regard to item 11.1 of the General Terms & Conditions according to § 312g paragraph 2 no. 1 of the Special Terms & Conditions, the customer does not have a right of withdrawal, since this is primarily a contract regarding the delivery of products that are not prefabricated and whose manufacture requires an individual selection or specification by the consumer or that is clearly custom-tailored to the personal needs of the customer.

General terms and conditions for repair services

1 Area of applicability

1.1 These general terms and conditions shall apply to all repair service contracts of SATA GmbH & Co. KG, Domertalstrasse 20, 70806 Kornwestheim, Germany (hereinafter referred to as "SATA") which are concluded with end customers via its online shop where the end customer can be an entrepreneur or consumer (hereinafter referred to as "Customer").

1.2 A consumer as defined in § 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his or her commercial or independent professional activities. An entrepreneur as defined in § 14 of the German Civil Code (BGB) is any natural or legal person or a business partnership which is acting in the exercising of its commercial or independent professional activities at the time of conclusion of a legal transaction.

1.3 General terms and conditions of the Customer shall not apply, unless SATA has expressly agreed to their applicability in writing.

2 Setting up of a customer account / registration process

2.1 In order to request a cost estimate online the customer must register in the online shop of SATA.

2.2 Following the receipt of the personal data which is received within the framework of the registration, SATA will send the Customer a confirmation email. The registration process is then completed. SATA will set up an account for the Customer. The Customer can then administer and update his or her customer data, such as delivery address by himself or herself.

2.3 The Customer must provide his or her personal information in a truthful manner. Should the data change during the term of the contract or during its performance, the Customer shall be obliged to inform SATA of these changes immediately. Should the Customer fail to do so or should the Customer provide incorrect data from the start, SATA shall be entitled to rescind the contract which has been concluded without any costs being incurred. Costs which are incurred due to misdirection of the products as a result of the incomplete or incorrect provision of the address can be passed on to the Customer.

2.4 The Customer must ensure that the email account, fax number or telephone number provided by him or her are contactable. It must be ensured that the receipt of emails is not excluded due to forwarding, suspension or overfilling of the email account.

2.5 The Customer shall keep his or her username and password for access confidential, shall not disclose it, shall not allow or enable the username and password to become known by unauthorised persons or third parties and shall notify SATA via the email address shopuk@sata.com should this information be misused or lost or should a corresponding suspicion exist that this information has been misused or lost.

2.6 The Customer can delete the account by sending a corresponding request to SATA by email to the following address: shopuk@sata.com. The data of the Customer will then be deleted immediately, unless SATA is entitled or obliged to further store the data of the Customer in accordance with statutory regulations.

2.7 The customer can obtain further information concerning the handling of personal data from the privacy policy.

3 Subject matter of the contract / offer and conclusion of the contract

3.1 The subject matter of the contract is the repair services of SATA in accordance with the order, which are ordered online by the customer.

3.2 The contract shall come into existence solely by means of the electronic commerce via the shop system.

3.3 The Customer requests a cost estimate online and sends its device to SATA. After receipt of the device and upon inspection of SATA the Customer will be provided a cost estimate by email. The cost estimate presented by SATA represents a binding offer to conclude a repair service contract. Based on the cost estimate the Customer can decide whether he wants to engage SATA with the repair. If the Customer decides not to have the repair done, SATA will return the device unrepaired. The email with the cost estimate contains different links. Depending on what he has decided for, the Customer clicks on the corresponding link which leads to the shopping basket that shows the resulting costs according to the cost estimate or just the handling fee, if the Customer wishes the return of his device unrepaired. The Customer then the proceeds to the Checkout.

3.4 Once the payment method has been chosen and the terms and conditions and notice of revocation have been accepted, the Customer accepts the binding offer to conclude the repair service agreement by clicking “Place order” button. As soon as the customer's electronic declaration is received by SATA after clicking the “Place order” button it, the contract is concluded. Immediately afterwards the Customer will receive an order confirmation email.

4 Prices / shipping costs

4.1 For all devices submitted for the preparation of a cost estimate, SATA charges a handling fee of 10 GBP.

4.2 The prices listed in the cost estimate apply. The prices in the cost estimate are stated in pounds sterling as net prices (exclusive of VAT) and as gross prices (including VAT).

4.3 Consumer prices are gross prices (including VAT).

4.4 Should the Customer be an entrepreneur and should the Customer provide a valid VAT number at the time of the order, the repair service can be exempted from VAT. The Customer is obliged to provide the correct VAT number. This must correspond to the company name and address stated in the billing address. SATA will check the validity of the VAT number.

5 Delivery and shipping conditions / transfer of risk

5.1 The return of repaired devices takes place to the delivery address provided by the Customer. SATA reserves the right to choose the transportation route and means of delivery. SATA shall bear the risk of shipping, should the Customer be a consumer. Should the Customer be acting as an entrepreneur, the risk of possible destruction or deterioration of the goods shall be transferred to the Customer, once the goods have been handed over to the person/delivery service which is responsible for the transportation.

5.2 Should the Customer be acting as an entrepreneur, the Customer shall provide the best possible support to SATA in accordance with the following provisions in case of damage during transportation, should claims be brought against the transportation company concerned or under the transportation insurance.

  • In case of the acceptance of a delivery which has recognisable external defects, the Customer is obliged to note the damage in the respective shipping documents and have these documented by the delivery company; the packaging must be retained.
  • Should the (partial) loss or damage not be recognisable externally, the Customer must notify this to SATA within four working days (Monday to Friday) of delivery or to the transportation company within seven days of delivery, in order to ensure that any claims against the transportation company can be asserted in time.

6 Payment / delay

6.1 Payment is accepted via the following methods: Credit card, debit card, PayPal

  • a) Debit card / credit card In case of payment by card, the Customer must be the cardholder. The Customer must provide his or her card details at the time of submission of the repair service order. The card will be debited immediately after clicking “Place order”.
  • b) PayPal The Customer will be redirected to the website of PayPal during the ordering process. In order to pay the invoice amount via PayPal, the Customer must be registered with it and/or carry out a registration, verify himself or herself with his or her access data and confirm the payment instruction to SATA. Once the repair service order has been submitted in the shop, SATA makes a request of PayPal to initiate the payment transaction. The Customer can obtain further information during the ordering process. The payment transaction will then be carried out by PayPal immediately after this process.

6.2 Unless otherwise agreed, the price for the repair service shall become due at the time of conclusion of the contract in accordance with Number 3.

6.3 Should the Customer enter payment default, SATA shall be entitled to charge consumers default interest to the amount of 5 percentage points above the statutory base rate of interest or, in case of entrepreneurs, default interest to the amount of 9 percentage points above the statutory base rate of interest. In case of non-payment, the Customer shall enter payment default either on the day following the issuing of a warning or, should no warning be issued, 30 days following the due date for payment and receipt of an invoice. In addition, SATA can charge customers who are entrepreneurs fixed delay compensation to the amount of EUR 40 in accordance with § 288 Paragraph 5 of the German Civil Code. The fixed compensation shall be set off against any damages which are owed, should the loss consist of the costs of legal action, such as lawyer fees in particular. Regardless of the above, SATA shall reserve the right to bring further claims for compensation, in particular higher rates of interest, additional costs and, in relation to consumers, warning fees to the amount of EUR 2 per warning. Bank costs which are incurred by SATA due to incorrect account information or unjustified payment refusals can be passed on to the Customer, unless the Customer is not responsible for the incorrect information. The Customer shall be entitled to provide proof that no loss was incurred by SATA or that SATA incurred a lower loss.

7 Right of set off and rights of retention

7.1 The Customer shall only have a right of set off if the counterclaims of the Customer have been recognised by a court or have been acknowledged by SATA.

7.2 The Customer shall be entitled to exercise a right of retention if the counterclaim on which the right of retention of the Customer is based is undisputed, has been recognised by a court or if a judgement is pending and relates to the same contractual relationship.

8 Repair times

8.1 SATA will start carrying out the repair ordered by the Costumer from SATA within a reasonable period. Unless a binding deadline has explicitly been agreed, completion deadlines of which you are notified are non-binding.

8.2 If the performance of SATAs obligations is delayed or im peded by circumstances which cannot be prevented with reasonable care, in particular by force majeure, strikes, lockouts, stoppages, scarcity of materials and energy, incorrect or late delivery despite a careful choice of supplier, the period of the repair will be extended by the duration of the hindrance. If a party provides substantial evidence that it cannot reasonably accept such an extension, it is entitled to withdraw from the contract, without the right to any claims for damages, in so far as the contract has not yet been fulfilled. Any further claims are excluded.

8.3 For damages caused by delay SATA is liable for slight negligence in the amount of up to 5 (five) % of the contractual remuneration/of the repair costs.

9 Acceptance

After completion of the repair and receipt of the repaired device, the customer is obliged to accept the repair work immediately. Acceptance can only be refused if there is a substantial defect. Acceptance shall also be deemed to have been effected if the customer does not claim a material defect within one week of receipt of the repaired device.

10 Warranty / guarantee

10.1 In relation to the services offered, consumers are entitled to a statutory right in relation to liability for defects in accordance with the applicable provisions of the German Civil Code (BGB).

10.2 In the event of material defects, SATA shall have the option vis-à-vis companies in the context of subsequent performance to be provided, whether the subsequent performance is to take place by repair or replacement delivery. SATA may make subsequent performance dependent on payment of at least 50% of the remuneration or an appropriate part thereof, taking into account the defect. Within the scope of subsequent performance, SATA shall not be obliged to reimburse the customer for the necessary expenses for removing the defective product and for installing or attaching the repaired or delivered defect-free product. After the subsequent performance has failed twice, the customer may reduce the agreed remuneration or, in the event of a significant breach of duty, withdraw from the contract and, if necessary, demand damages in accordance with Clause 11. In addition, the customer also has the supplementary right to remedy the defect himself and to demand reimbursement of the necessary expenses.

10.3. If faults occur in a repaired device which are not caused by defective repair, i.e. in particular faults due natural wear and tear, unsuitable or improper use, faulty assembly or commissioning, excessive use or improper alteration or repair by the Customer or third parties, or through improper cleaning methods, electrochemical or electrical influences, provided that these are not due to fault by SATA, these will not be covered by the Warranty.

10.4 If the Customer asserts warranty claims he must notify SATA of defects which have occurred immediately after they have been discovered and do everything in his power to minimize any damage caused by a defect.

10.5 Should the Customer be an entrepreneur as defined in § 14 of the German Civil Code (BGB), the limitation period for the assertion of claims is one year following delivery.

11 Liability

11.1 SATA and its legal representatives and vicarious agents are liable only for intent or gross negligence. Insofar as essential contractual obligations (obligations that are of particular importance for the achievement of the purpose of the contract) are affected, SATA is also liable for ordinary negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, SATA shall only be liable to the Costumer in the amount of the foreseeable, contract-typical damage. Otherwise, liability due to other losses which are caused in simple negligence and liability towards entrepreneurs due to loss of profit, additional personnel expenses on the part of the Customer, usage breakdown of use and/or loss of revenues is excluded. The provision in Number 10.2 shall remain unaffected.

11.2 The liability for injury to life, body or health shall be in accordance with the statutory provisions. The mandatory provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

11.3 Where possible, the Customer shall be obliged to immediately notify SATA of any losses which come under the liability provisions above in text form or to have these recorded by SATA, so that SATA is informed as early as possible and has the option of carrying out loss mitigation with the Customer which has suffered the loss.

11.4 The restrictions of Number 11.1 shall also apply in favour of the legal representatives and vicarious agents of SATA, should claims be brought against these directly.

11.5 Should liability for losses caused not due to injury to life, body or health, fraudulent acts, under a guarantee or under the German Product Liability Act (Produkthaftungsgesetz) not be excluded in case of simple negligence, such claims against entrepreneurs shall be time barred one year after the claim arising.

12 Right of revocation

12.1 The Customer has a right of revocation in accordance with the following statutory provisions which lasts for two weeks:

Revocation notice

1. Right of revocation

You have the right to revoke this contract within fourteen days without the giving of reasons. The deadline for revocation is fourteen days from the day on which you or a third party nominated by you who is not the carrier took possession of the final goods or services. In order to exercise your right of revocation you must inform us (SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, (shopuk@sata.com)of your decision to revoke this contract may means of a clear declaration (for example a letter sent by post, telephone call, fax or email). You can use the attached sample revocation form which is not however mandatory or the online entry mask (Cancellation / Warranty). In order to comply with the deadline, it suffices for you to send the notification concerning the exercising of the right of revocation prior to its expiry.

2 Consequences of revocation for goods

Should you revoke this contract, we must immediately and at the latest within 14 days from the day on which the notification concerning your revocation of this contract was received by us refund all payments which we have received from you, including the delivery costs (with the exception of the additional costs due to having selected a different method of delivery to the cheapest standard delivery offered by us). For this refund we will use the same payment method that you selected during the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged any fees in connection with this refund. We can refuse the refund until the time we have retaken possession of the goods or until you have provided proof that you have sent the goods back, depending on which is the earliest.

You must return or hand over the goods to us (SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany) immediately and in all cases within 14 days of the day on which you inform us of the revocation of this contract. The deadline is deemed to have been complied with if you send the goods prior to the expiry of the deadline. We will pay the costs of the return of the good to SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany.

Should you not be able to return the delivered goods to us in full or in part or only in a poorer condition, you may be required to pay us compensation in this respect. In relation to the handover of items, this shall not apply if the deterioration is only due to the inspection of the goods in a manner which would have been available to you in a retail shop. Otherwise you can avoid the value compensation obligation by not using the object as an owner and refraining from all actions which could impair its value.

2. Consequences of revocation for services

If you revoke this Agreement, we will refund all payments we have received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. If you have requested that the services commence during the revocation period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal under this Agreement compared to the total scope of the services provided for in the agreement. You as Customer bear the direct costs for returning the products that can be shipped via parcels as well as the direct costs for returning the products that cannot be shipped via parcels.

3. Criteria for exclusion or expiry

The revocation right expires when a contract for provision of services is concluded if SATA has provided the service completely and has started with the provision of the service only after the Customer has given an explicit approval for the same and, at the same time, has also confirmed that he is aware that he shall lose his revocation right upon complete fulfilment of the contract by SATA.

End of the cancellation policy

Sample revocation form

Should you wish to revoke the contract, you can use the following form or similar unequivocal wording:

To SATA GmbH & Co. KG, Domertalstraße 20, D-70806 Kornwestheim, E-Mail: shopuk@sata.com:

  • I / we (*) hereby revoke the contract concerning the purchase of the following goods (*) / provision of the following service (*) concluded my myself / ourselves.
  • Ordered on (*) / received on (*)
  • Name of the consumer
  • Address of the consumer
  • Signature of the consumer (only in case of paper notification)
  • Date ________ (*) please delete as appropriate

13 Applicable law / place of jurisdiction

13.1 These general terms and conditions for repair services and contracts concluded between the Customer and SATA on the basis of these shall be subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention governing the International Sale of Goods. Should the Customer have concluded the contract as a consumer, the mandatory provisions of the legislation of the country in which the Customer maintains his or her ordinary place of residence shall remain unaffected.

13.2 Should the Customer be a businessman, a legal person under public law or a public law special fund or should the Customer not have a place of residence in Germany, the place of jurisdiction for all contracts which have been concluded on the basis of these general terms and conditions shall be the competent court of the place of business of SATA.

14 Closing provisions

14.1 It is possible to conclude a contract in German and in English.

14.2 Oral ancillary agreements, amendments or additions to the sales agreement and the general terms and conditions shall require text form to take effect. This shall also apply to the above form requirement. Amendments which do not conform to the form requirement above are invalid. The validity of individual agreements, regardless of form, shall remain unaffected by this clause.

14.3 Should one or more of the provisions above be ineffective or contain a loophole, the validity of the remainder of the contract shall not be affected thereby. Within the framework of what is reasonable, the Parties shall be obliged to replace the ineffective provision with a lawful clause with the equivalent economic purpose and/or to fill the loophole with such a provision, provided that this does not lead to a significant alteration to the contents of the contract.

14.4 Unless otherwise stated in the order, the place of performance shall be the place of business of SATA.

14.5 Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution, which you can obtain as a customer from http://ec.europa.eu/consumers/odr/. SATA is not obliged to participate in dispute resolution proceedings before a consumer mediation panel and is not, as a rule, prepared to do so.

14.6 SATA stores the details of the contract text and sends the customer an order confirmation email with the general terms and conditions for repair services. The customer can view general terms and conditions for repair services here. Registered customers can view the past orders in the customer LogIn area.

As of: 01/06/2019