Terms

Scope

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

Payment is made upon delivery by

  • Credit card
  • PayPal

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

  • Germany
  • Switzerland
  • Europe
  • Croatia
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform of Sanja Sasson Tesla is excluded. Already paid amounts will be refunded by Sanja Sasson Tesla immediately.

(3) Sanja Sasson Tesla is also entitled to refuse performance if this requires an effort which is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract considering the content of the purchase contract and the requirements of good faith. Already paid amounts will be refunded by Sanja Sasson Tesla immediately.

(4) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by a forwarding agency. Sanja Sasson Tesla explicitly points out that these goods are not carried into the house.

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,

b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's site (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Sanja Sasson Tesla does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance considering the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the customer's claim is limited to the respective other type of supplementary performance. The right of Sanja Sasson Tesla to refuse also this other kind of supplementary performance under the aforementioned condition remains unaffected.

(4) In case of repair as well as in case of replacement the customer is obliged to send the product at the expense of Sanja Sasson Tesla under indication of the order number to the return address indicated by Sanja Sasson Tesla. Before sending the product, the customer has to remove any objects inserted by him from the product. Sanja Sasson Tesla is not obliged to inspect the product for the insertion of such items. Sanja Sasson Tesla shall not be liable for the loss of such items unless it was readily apparent to Sanja Sasson Tesla at the time the Product was returned that such item had been inserted into the Product (in which case Sanja Sasson Tesla shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so). Customer shall also, before sending a Product for repair or replacement, if applicable, make separate backup copies of the system software, applications and all data on the Product on a separate data carrier and disable all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.

(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,


a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,

b) if Sanja Sasson Tesla is responsible for the deterioration or loss or if the damage would also have occurred at Sanja Sasson Tesla,

c) if the deterioration or loss occurred at the customer although the customer has taken the care he is used to take in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.

(9) The legal warranty of Sanja Sasson Tesla ends two years after delivery of the goods. The period begins with the receipt of the goods.

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.

(2) Irrespective of a fault of Sanja Sasson Tesla, a liability of Sanja Sasson Tesla in case of fraudulent concealment of the defect or from the assumption of a warranty remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Sanja Sasson Tesla.

(3) Sanja Sasson Tesla is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.

(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of Sanja Sasson Tesla for damages caused by them by slight negligence.

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):

The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/... . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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.

(2) Amendments or supplements to this contract must be made in writing.