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: info@schulz-stephan.de
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
Right of withdrawal for consumers
. (Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor to his independent professional activity.)
Widerrufsbelehrung
Right of withdrawal
. You have the right to revoke this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day,
- on which you or a third party designated by you, which is not the carrier, the goods in possession have taken or has, if you have ordered one or more goods in the context of a uniform order and these are delivered uniformly;
.- at which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods in the context of a single order and these are delivered separately;
.- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;
.To exercise your right of withdrawal, you must inform us (Stephan Schulz, Cahnsdorf 176, 15926 Luckau, Germany, phone no.: +49 3377-997899, e-mail address: info@schulz-stephan.de) by means of a clear statement (for example, a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory.
.To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
.Consequences of revocation
.If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
.We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
.You bear the direct cost of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
Reasons for exclusion or extinction
.The right of withdrawal does not apply to contracts
.- for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no control;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires early for contracts
.- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back)
.- To Stephan Schulz, Cahnsdorf 176, 15926 Luckau, Germany, e-mail address: info@schulz-stephan.de :
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of notification on paper)
- Date
(*) Delete as applicable.