These terms and conditions apply to all purchases from Sanja Sasson Tesla [Imprint], which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Prices and shipping costs
The marked prices are final prices including value added tax. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details under shipping costs. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made upon delivery by
Default of payment
If you are in default of payment, Sanja Sasson Tesla is entitled to charge default interest in the amount of 5 percentage points above the prime rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Sanja Sasson Tesla has demonstrably incurred a higher damage caused by default, Sanja Sasson Tesla is entitled to claim this.
Right of retention
The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address specified by the customer, within
Cheap shipping method for return
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Sanja Sasson Tesla. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect rights
(1) If a product is already defective upon delivery (warranty case), Sanja Sasson Tesla will, at the customer's option and at Sanja Sasson Tesla's expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
Liability
(1) In case of slight negligence Sanja Sasson Tesla is liable only in case of violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Sanja Sasson Tesla is not liable for other damages caused by slight negligence due to a defect of the object of purchase.
Applicable law
The contract concluded between you and Sanja Sasson Tesla is governed exclusively by the laws of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [Rosenheim].
Dispute Resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.