Terms and Conditions

§ 1 Coverage

(1) All contractual relationships between the customer and the company Sim Sim Lounge GbR - Owners Mohamed Sayed and Oliver Teske, butter market, 16, 36037 Fulda - hereinafter referred to as "simsimlounge.com” - are subject to the following Terms and Conditions, to the extent that it can not be amended through individual agreements between the parties. The terms and conditions are legally binding relationships conducted through the online shop of simsimlounge.com. Contracts with private individuals under certain laws (ie consumers under iSd § 13 German Civil Code and with industrial customers, i.e. Entrepreneurs under i.S.d. § 14 BGB) can be completed.
(2) By sending the order, the customer agrees to these terms and conditions. Conflicting or deviating conditions of the present conditions of the customer won’t be recognized by simsimlounge.com, unless previously expressed validity.

§ 2 Ordering process and conclusion of the contract

(1) The presentation of products on the homepage of simsimlounge.com is not a binding offer from simsimlounge.com iSd § 145 BGB. A binding offer in accordance with § 145 BGB is done through the order of goods by the customer.
(2) The contract between the customer and simsimlounge.com comes when the customer fills out the order form for the selected items in the basket and through sent orders by obtaining a confirmation or receipt of order from simsimlounge.com no later than delivery of the ordered goods. Any revocation of the customer is unaffected by this.
(3) The automatic order confirmation receipt does not represent the acceptance of the contract offer. These include instruction about contradiction.
(4) Simsimlounge.com is entitled to the underlying order in the contract offer within two weeks after its receipt by simsimlounge.com is accepted. This will be explained in either writing, by e-mail or by delivery of the goods to the buyer.
(5) Any error in entering the order may be corrected by the customer at any time before the final confirmation by pressing the "Back-function" of the Internet browser before sending the order. The treaty text is not saved by simsimlounge.com, the Customer may view or terminate this Contract at any time on the sub-category "Policies" from the homepage. The customer has the possibility to print of these Terms with the "print function" of the Internet browser or to save the Web page.
(6) Contracts are established exclusively with the company simsimlounge.com.
(7) Contract language is German.

§ 3 Prices / Payment Terms

(1) At the time of the order on www.simsimlounge.com all prices are set. All prices are in EUROs including VAT.
(2) In addition to the estimated price, simsimlounge.com charges for deliveries within Germany (mainland), regardless of the order quantity is one shipping fee in the amount of 4.90 €. For all other programs, especially shipping outside Germany, returns under the current list of shipping costs will be charged (please take a look at the "Payment & Shipping costs" section. For orders over 69,90 € the shipping charges for orders within Germany (mainland) no longer apply. Delivery costs to the island and outside Germany will still be charged.
(3) The purchase price is due immediately following the acceptance of the order. Payment can be made by the customer in advance by bank transfer or cash on delivery service. A payment by direct debit can only be used for a client that is making his third purchase. Payment via direct debit from one German bank account to another is possible. For self pick up of the goods, cash can also be used as payment. For deliveries outside the Federal Republic of Germany, the price can only be settled in advance.
(4) If the customer has delays with the payment, simsimlounge.com is authorized in commercial transactions, than will calculate a default interest of 8% above the ECB rate, for consumers with contracts, the interest rate 5%. Each party reserves the right to prove greater damage.

§ 4 delivery, partial delivery, delivery reservation

(1) Unless otherwise agreed, delivery from stock of simsimlounge.com or any of its suppliers will be delivered to the customer’s specified delivery address.
(2) If single items have been ordered than the delivery time is not regulated, however the general delivery time is 7-10 business days.
(3) The right to reasonable partial deliveries from simsimlounge.com remain expressly reserved.
(4) In the event that the supplier simsimlounge.com can not ship the ordered goods, simsimlounge.com can cancel the contract with not legal repercussions. The customer is immediately informed if the product is not available. Then payment will be immediately returned to the customer. The above is subject to self-supply; unless the customer is a consumer as defined by § 13 BGB which is only in the event that the suppliers of a specific business have been closed, if the supplier simsimlounge.com has been abandoned and simsimlounge.com can be held responsible by any false or non-delivery actions.

§ 5 Information of the Right of Cancellation

If the customer is a consumer within the meaning of § 13 BGB, he may prove his contractual declaration within two weeks without giving reasons in written form (eg letter, fax, e-mail) or by returning the goods. The period starts with receipt of a written form to be notified separately, but not before receiving the goods. In order to safeguard the withdrawal period is sufficient to send the withdrawal or the item.

The revocation must be sent to:
Sim Sim Lounge Gbr - Oliver Teske und Mohamed Sayed
Buttermarkt 16
36037 Fulda
E-Mail: info@simsimlounge.com

Consequences of revocation
In the case of an effective cancellation, the mutually received benefits and possible towed uses (eg. interest) are surrendered. If the customer of simsimlounge.com can only send back part of the order or it is damaged than he must reimburse simsimlounge.com with the appropriate value. The relinquishment of goods can not be done for damaged good by simply checking them out like in a store. In addition, the customer will avoid liability for compensation in the case that he does not claim full property over the item, which impairs their value. In pursuit of revocation, the customer requires the product to be returned. The costs are borne by the customer if the delivered goods ordered and the order does not exceed 40 euros or if a higher price at the time of the cancellation by the customer or a contractually agreed upon partial payment has been made. Otherwise, the return for the customer is free of charge.

Exceptions to the right of withdrawal:
The right does not apply to contracts. (1) For the supply of goods, according to customer specifications or clearly personalized or tailored to on the basis of their nature are not suitable for return, or those that can spoil quickly or whose expiration date has been exceeded
(2) Audio or video recordings or software data should be delivered in sealed packages to the customer if the delivered data carriers have been unsealed by the consumer are.

§ 6 Retention of title

(1) The merchandise is the property of simsimlounge.com until complete payment by the customer. Only with all payments from the ongoing business relationship does the commercial transaction take place in which ownership of the purchased item passes to the customer.
(2) A reorganization, pledge, security or processing prior to transfer of ownership is not possible without clear consent of simsimlounge.com.
(3) Only when all of the payment is completed by the customer is he legally allowed to acquire the goods, if only partial payment has been received or there is sufficient doubt as to his abilities to complete the transaction the purchase will be rendered null and void. In such a case, simsimlounge.com has the power to withdraw the goods from the recipient. Simsimlounge.com has the right to request product information and with a change of claims are required to notify simsimlounge.com and that the claims of the customer against the receiver of the goods are collected.

§ 7-off, retention

(1) A customer's right to offset exists only if the claims are legally valid, res judicata, or constant, but ready for decision.
(2) The right of retention exists only if the customer is on the same contractual relationship.

§ 8 property and legal liability for defects

(1) Where there is a factual or legal defect in the framework of statutory provisions, the customer (consumer) according to iSd § 13 BGB is entitled to a claim for rectification and after failed subsequent performance of the contract, a reduction of the purchase price or in the case the goods are damaged, adequate compensation from simsimlounge.com
(2) In the presence of a physical defect or apply to corporate customers iSd § 14 BGB, the following restrictions: the customer has the choice to repair or re-delivery. A limitation of the claims after 12 months.
(3) Only the client as a direct contractor is entitled to factual and legal defects liability. An assignment of the right is not possible.

§ 9 Liability

(1) For damage other than by injury of life, body and health is simsimlounge.com not liable and can only be if confirmed by intentional or grossly negligent act or to culpable breach of an essential contractual obligation by simsimlounge.com. The provisions of the Product Liability Act remain unaffected, also remains unlimited liability for fraudulent concealment of a defect, for an explicitly guaranteed as well as for personal injury.
(2) In the case of slightly negligent violation of contractual duty by simsimlounge.com than proper compensation for property damage will be assessed.
(3) The current position of the technique can not be guaranteed that the data communication via the internet free from error and / or at any time is available. Simsimlounge.com shall not be liable for discontinuous and continuous availability of technical or other errors in the electronic and online stores. Nor can simsimlounge.com be held liable for links to other websites or resources and is not responsible for the content, where no positive knowledge of the illegality of the content exists.
(4) In the case of data loss simsimlounge.com is not liable for the damage. It is the customers responsibility to backup all information properly. Relating to proper backup, it is to be assumed that as soon as the customer's data is secured, at least once a week, in a machine-readable data form and in order to ensure that with reasonable effort this data can be recovered. When data is properly entered than the liability of simsimlounge.com for the loss of data from data on the typical recovery effort is limited.

§ 10 Final Provisions

(1) The customer’s personal data (name, address, e-mail address, telephone number, fax number, birth date, etc.) are under the legal provisions of data protection legislation, in particular those of the Federal Data Protection (BDSG) and the Telemedia Act (TMG). The customer’s personal data, insofar as such for the creation, content or modification of the contractual relationship is required (inventory data), only to cover the settlement of customer and simsimlounge.com contracts, such as for delivery of goods to the customer’s specified address.
(2) If one or more provisions of this Agreement becomes invalid, then the effectiveness of the remaining provisions is also invalid. Instead of the invalid provisions than the relevant statutory provisions become valid.
(3) The contractual relationship is governed by the laws of under exclusion of the UN - Sale of Goods.
(4) In business transactions with merchants, legal persons under public law or special fund shall be deemed under public rights jurisdiction and performance of Fulda with the proviso that simsimlounge.com is entitled to, even at the place of residence or establishment of the Customer.