General Terms And Conditions
General terms and conditions and customer information
.I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Stephan Schulz) via the website shop.schulz-stephan.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
.(2) Consumer in the sense of the following rules is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts when concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can make a binding offer to purchase (order) via the online shopping cart system.
In doing so, the goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling the page "Checkout" and entering the personal data and the payment and shipping terms, all order data are finally displayed again on the order overview page. Before submitting the order, you have the option to check all the information again, change (also using the "back" function of the Internet browser) or cancel the purchase.
. By sending the order via the button "order subject to payment", you make a binding offer with us.
. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) is made within 2 days by confirmation in text form (eg e-mail), in which you are confirmed the execution of the order or delivery of the goods (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be refunded immediately in this case.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until full settlement of all claims arising from the current business relationship. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permissible.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
.c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
.d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 4 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
.(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements of the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification of defects or subsequent delivery. If the elimination of defects fails, you can, at your option, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
- for damages attributable to us culpably caused by injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and which have caused the defectiveness of the building;
- in the case of statutory rights of recourse that you have against us in connection with defect rights.
§ 5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Sales Convention shall expressly not apply.
II. customer information
1. identity of the seller
WEB-Service Stephan Schulz
Cahnsdorf 176
15926 Luckau
Germany
Phone: 03377 997899
E-mail: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the conclusion of the contract
.The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
.3.1 Contract language is German .
3.2 The complete contract text is not stored by us. Before sending the order via the online - shopping cart system, the contract data can be printed or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
.4. essential characteristics of the goods or services
.The essential characteristics of the goods and / or services can be found in the respective offer.
.5. Prices and payment terms
.5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
.5.2 The shipping costs incurred are not included in the purchase price. They are via a correspondingly designated button on our website or in the respective offer callable, are shown separately in the course of the ordering process and are to be borne by you additionally, unless the free shipping delivery is promised.
.5.3 If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
.5.4. any money transmission costs incurred (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
.5.5. the payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
.5.6. unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
.6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
.If you are an entrepreneur, the delivery and shipment is at your risk.
.7. statutory liability for defects
.The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
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last update: 28.03.2020