GENERAL TERMS AND CONDITIONS
WITH CUSTOMER INFORMATION
IMPORTANT: BY PLACING YOUR ORDER, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO PURCHASE THIS PRODUCT!
Our following General Terms and Conditions apply exclusively to deliveries in the Federal Republic of Germany. We ask for your understanding that we do not make deliveries abroad.
TABLE OF CONTENTS
1. scope of application
2. offers and service descriptions
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods and collection
6. payment modalities
7. reservation of title
8 Warranty for material defects and guarantee
9. liability
10. storage of the contract text
11 Place of jurisdiction, applicable law, contract language
1. SCOPE OF APPLICATION
1.1 For the business relationship between SCHIERKER FEUERSTEIN GmbH & Co. KG, Schierker-Feuerstein-Platz 1-5, 37431 Bad Lauterberg, Germany (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Orders can only be placed by persons who have reached the age of 18. By placing an order, you confirm that you are of the minimum age required by law for this product.
1.2 You can reach our customer service for questions, complaints and objections Monday through Friday from 8:00 a.m. to 4:00 p.m. by calling 05524/92660 or by e-mail at info@schierker-feuerstein.de.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. OFFERS AND SERVICE DESCRIPTIONS
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Errors excepted.
3. ORDERING PROCESS AND CONCLUSION OF CONTRACT
3.1 The customer can select products from the seller's range without obligation and order them via the button [Add to shopping cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then click on the [Continue to checkout] to complete the order process.
3.2 Via the button [order with payment] the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 4 working days or has confirmed the dispatch to the customer with a second e-mail, express order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. prices, minimum order value and shipping costs
4.1 All prices stated on the seller's website include the applicable statutory value added tax. The minimum order value is €20.
4.2 In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. DELIVERY, AVAILABILITY OF GOODS and collection
5.1 If advance payment has been agreed, delivery will be made within 3-4 working days after receipt of payment.
5.2 Should the delivery of the goods fail due to the fault of the buyer, the seller may withdraw from the contract. The payment made for the goods will be refunded to the customer immediately.
5.3 If the ordered product is not available, e.g. due to force majeure or because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller shall immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 If the customer selects "Pickup on site" during shipping, the customer will be notified when the order is ready for pickup. The customer is obliged to collect the order within 5 working days of receiving the notification. The customer must present the invoice, the order confirmation or the pick-up notification as well as a photo ID issued by an authority (e.g. passport, ID card or driver's license) for pick-up.
If the buyer does not collect the order within 5 working days of receiving the first notification of collection, the seller reserves the right to withdraw from the purchase contract in order to minimize storage costs.
In this case, the customer will receive a credit note for the purchase price paid in the form of the original payment.
The goods can only be collected by the buyer and not by a representative.
6. PAYMENT MODALITIES
6.1 The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2 For payment (prepayment), the payment methods prepayment by bank transfer and PayPal are available.
6.3 If third-party providers are commissioned with payment processing, e.g. PayPal, their general terms and conditions apply.
6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. RESERVATION OF TITLE
The delivered goods remain the property of the seller until full payment has been made.
8. WARRANTY FOR MATERIAL DEFECTS AND GUARANTEE
8.1 The warranty is governed by statutory provisions.
8.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed of the warranty conditions before initiating the order process.
9. LIABILITY
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. STORAGE OF THE CONTRACT TEXT
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. FINAL PROVISIONS
11.1 The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contractual language is German.
11.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.