The following Terms and Conditions shall apply to all business relations between sygns GmbH (henceforth, “Provider”) and its customers; regardless of whether they are modified at a later date, the version of these Terms and Conditions published at the time of the conclusion of the contract between the Provider and the Customer shall retain validity.

Terms and Conditions put forth by the Customer, which differ from the Terms and Conditions described in the following, shall be rejected. The Customer may be either a consumer or a contractor: A ‘consumer’ shall be understood as any natural person whose purpose in ordering goods is not of a commercial, independent or freelance nature; a ‘contractor,’ on the other hand, shall be understood as any natural person, legal person or legal entity whose purpose in ordering goods is, indeed, of a commercial, freelance or independent nature.

The goods presented in the online shop are not a guarantee that the Provider will finalize a sales contract, but rather an invitation that the Customer place an order. The Customer can review the Terms and Conditions at any time on terms conditions. The product or products selected by the Customer will be placed in the virtual Shopping Cart, where previously selected products can be viewed and where the Customer can modify the number of products as well as delete a product. Upon pressing the button “Check Out,” the Customer will be asked to provide information relevant to the product’s delivery and as well as his preferred method of payment; the Customer will have the opportunity to review this information before finalizing the order. Pressing the button “Purchase” will finalize the order-placement. By confirming the order, you agree with our terms & conditions. Cancelling an order after the confirmation will result in a 20% cancellation fee.

Through placing an order, the Customer enters into a binding sales contract with respect to the goods in the Shopping Cart, as well as recognizes these, and only these, Terms and Conditions as governing the legal relationship between the Customer and the Provider. The Provider will send the Customer an email to confirm receipt of the order; however, this email confirmation serves merely to inform the Customer that the order has been received, and does not yet indicate that the Provider accepts the contractual offer made by the Customer. Rather, the Provider shall indicate acceptance of the contractual offer within two days through either shipment of the ordered goods or an explicit statement of acceptance. Notwithstanding § 2.1, payment by invoice or prepayment does indicate the Provider’s immediate acceptance of the contractual offer.

The prices listed for the purchased products at the time of the order are binding. All listed prices contain sales tax and costs; costs of shipping and handling are not included. Additional costs are listed separately. The Provider is entitled to deliver products and/or render services separately, in which case the Provider shall bear any additional costs thereof. If the Customer does not accept the goods within two weeks, the Provider is entitled to resell the goods to a third party; the Customer may be held responsible for any loss thereby incurred.

The Provider shall be released from its obligation to deliver the goods if the goods cannot be delivered because of circumstances outside of the Provider’s control or if the product line has been discontinued; or if, unbeknownst to the Provider at the time of entering into the contract and for reasons for which the Provider is not responsible, the goods in question cannot be obtained under reasonable circumstances. Should circumstances arise which render the delivery of goods difficult or impossible—e.g., strike, lockout, and regulatory directives—, the Provider shall not be held responsible for delays past contractually agreed upon dates of delivery. If the Customer exercises his/her right to withdraw the order, the costs of returning the goods shall be borne by the Provider.

Unless otherwise agreed, the goods shall be delivered to the Customer’s address or to the address given by the Customer. Unless, by way of exception, a binding delivery date was explicitly agreed upon, estimates concerning the delivery date are non-binding.

Upon receiving them, the Customer is required to check the goods without delay for damages and to report any to the carrier.

If the goods bear obvious signs of damage and Customer becomes aware of such only after receiving the goods from the carrier, then the Customer shall (a) report that the goods are defective within 5 days after receiving them and (b) provide photographic or video proof that the goods are defective. The photographic or video proof should be sent to support@sygns.com and should clearly show all points of fracture or damage as well as all of the packaging, both exterior and interior.

Sygns shall only bear the costs of the return shipment of goods if the Customer reports damage or defect as described in §4.2 and §4.3; if the Customer neglects to do so, the Customer shall bear the costs of the return shipment of the goods.

For one time orders which are not part of a subscription, the following methods of payment are accepted: prepayment, invoice, credit card (Visa, MasterCard), direct debit payment, PayPal and Sofortüberweisung. We reserve the right to exclude certain methods of payment.

Claims for damages asserted by the Customer are ruled out, unless otherwise agreed in the following. The aforementioned exemption from liability also applies to claims for damages asserted by the Customer to the legal representative and to other surrogates and assistants of the Provider.

The aforementioned exemption from liability does not apply to claims for damages which arise from injury to life, body or health, or from the violation of essential contractual commitments. Contractual commitments shall be deemed essential if their fulfilment is necessary to achieve the goal of the contract – e.g., that the Customer obtain the goods from the Provider and that the goods be free from material defect or defect of title. The exemption from liability also does not include liability for damages arising from deliberate or grossly negligent breach of duty on the part of Provider or the legal representative or other surrogates and assistants of the Provider.

Sygns does not offer returns, as all products are manufactured to order.

In the event of cancellation, rendered services from both parties are to be recompensed. In case the Customer is unable to return the received goods either entirely or partially, or in case the goods are returned in a deteriorated condition, the Customer shall be responsible for compensating the value thereby lost; in the case of wear and tear, however, the Customer shall only be required to compensate lost value insofar as the signs of wear and tear indicate use of the goods beyond merely testing their basic functions, as one would, for example, in a store. By taking pains to treat the goods with care and to avoid using or handling them in such a way as would have them incur conspicuous signs of usage and deterioration, the Customer may avoid having to reimburse the Provider for lost value altogether. In the case of glass pipes, signs of usage which constitute lost value include scratches, stains and fractures – taken together, in fact, these may amount to the complete loss of value of the goods. So that they are protected during return-shipment, the goods must be repackaged in their original packaging, i.e. with all the original protective materials. If the Customer is a private person in Germany, the risks associated with the return-shipment shall be borne by the Provider; otherwise, such risks shall be borne by the Customer. In the case of a mistaken delivery or if the order placed by a private person in Germany exceeds a value of €40, sygns GmbH shall bear the normal costs of the return shipment; otherwise, the Customer shall bear these costs.

The goods are to be returned to the following address: sygns | Ożynowa 34 | 53-009 Wrocław | Poland.

October 2018
(English Translation: Oct 2018)