General Terms and Conditions of Delivery and Payment for the online shop internet sales of Schaller GmbH (hereinafter referred to as “Seller”)
Version: January 31th 2018
§ 1 Scope of application, client base, language
(1) All offers, deliveries and services arising from online orders via our online shop www.schaller.info (hereinafter the “Webshop” are subject to these General Terms and Conditions. Schaller GmbH is contractual partner.
(2) The product range in our Webshop is intended for consumers and businesses alike, but only for end users. Within the context of these General Terms and Conditions,
a) a consumer is an individual who enters into the contract neither for purposes related to their work, nor in a commercial nor self-employed capacity (§ 13 of the German Civil Code [...] (Bürgerliches Gesetzbuch - BGB), and
b) a business is an individual or a legal entity, or a partnership with legal capacity, whom or which, upon entering the contract, shall act within their commercial or selfemployed professional [...]activity (§ 14 para. 1 BGB).
(3) Terms and conditions of the customer shall not apply, even if we do not contest their validity in individual circumstances.
(4) The contract with the customer shall be in German or English only, depending on whether the customer places his/her order via the German or the English website. When the order is placed via the German website, correspondingly, the German version of our General Terms and Conditions shall apply exclusively. Similarly, in the event that an order is placed via the English website, the English version of the General Terms and Conditions shall apply exclusively.
§ 2 Forming the contract
(1) The presentation of our range of products in the Webshop is not an offer as defined under §§ 145 ff BGB (German Civil Code), rather it is a non-binding invitation to customers to order these products.
(2) By sending us an order, whether via internet (by clicking "buy now"), via email, per telephone or via any other means of communication, he/she submits a binding offer to enter into a contract with us. The customer receives email confirmation of receipt of his/ her order, in which the details of the order are listed. This order confirmation is not a acceptance of the offer; it is merely to inform the customer that his/her order has been received by us.
(3) A sales contract with us arises when we accept the customer’s order by dispatching the product which they ordered and with a second email (dispatch confirmation) which informs the customer of same.
(4) In the event of partial order fulfillment, whereby products which were ordered are not listed in the dispatch confirmation, no sales contract shall be entered into for these nonlisted products. Whereby the customer selects the "payment in advance option" the sales contract is entered into once the order has been placed by the customer and we have dispatched the goods they ordered.
(5) In the event that we are unable to accept the Customer´s offer, the Customer shall receive notification of same from us, in place of our order acceptance confirmation. Any amounts already paid by the Customer shall be reimbursed forthwith.
(6) We archive the sales contract. Under „My account“ the most recent order of a given Customer can be viewed at any time. A copy of the order data can be provided on request.
§ 3 Cancellation rights
Every customer who is a consumer is entitled to retract his offer and return the goods in accordance with the following cancellation policy.
We hereby declare that cancellation law shall not apply to contracts pertaining to the delivery of goods which are not ready-made, nor shall it apply to products which are manufactured according to the customers express wishes or specially adapted to the personal needs of the consumer.
You are legally entitled to cancel the contract within 14 days without giving a reason.
There is a cancellation period of fourteen days from the day that you, or a third party nominated by you who is not the carrier, took the goods into your/their possession.
In the event that the contract is for several items, which you ordered together in a single transaction, and in the event that the said goods are to be delivered separately, a cancellation period of fourteen days shall apply from the day on which you, or a nominated third party who is not the carrier, took the goods into your/their possession.
To exercise your cancellation rights, you are obliged to inform us in writing of your decision to cancel this contract via letter or email to Schaller GmbH (represented by the Managing Director – Owner Dr. Lars Bünning) An der Heide 15, 92353 Postbauer-Heng, Germany, Telephone: +49 9180 910-0, E-Mail: firstname.lastname@example.org). You may use the cancellation form provided. This is not mandatory, however.
To comply with the cancellation period, it is sufficient to send written declaration of cancellation before the cancellation period has expired.
Consequences of cancellation
In the event that you cancel this contract, we are obliged to return all payments including delivery costs (excluding the additional costs which may have arisen in the event that you elected an alternative delivery type to the standard budget delivery offered by us) without delay and within fourteen days of our having received your cancellation notification.
For this return payment, we use the same form of payment which you elected during your original transaction when placing your order with us, except in the event that a different payment return arrangement has been expressly agreed; under no circumstances shall charges be made on account of this return payment.
We may refuse to make the return payment until the goods have been returned to us, or until such time as you have proved that you have already dispatched the goods for return, depending on which of the latter occurs first.
You are obliged to transfer or return the goods to us within fourteen days of having dispatched your cancellation letter/email to us; the cancellation period will not have expired if you send the goods to us within fourteen days.
You are liable for the cost of returning the goods to us.
End of cancellation policy
If you wish to cancel your contract, please print out the following address and send it to back to us.
(represented by Managing Director – Owner, Dr. Lars Bünning)
An der Heide 15
Telephone: +49 9180 910-0,
I/we(*) hereby cancel my/our(*) contract in which I/we(*) ordered the following goods / services (*):
Ordered on (date) (*):
Received on (date) (*):
Name of the consumer:
Address of the consumer:
§ 4 Prices and payment
(1) Our prices include Value Added Tax, but do not include carriage.
The costs of import duty and similar levies are carried by the customer.
(2) Payment of the purchasing price is to be made via credit card or Paypal only.
(3) The customer shall not be entitled to rights of set-off or retention rights, unless the counter claim is undisputed or has a final and binding effect.
§ 5 Delivery of goods
(1) We shall dispatch the goods to the customer on or before the dispatch date as stated in the offer page. This is the day on which the goods are transferred by us to the shipping company, although this does not strictly apply, and can be exceeded by up to two working days. Whereby no dispatch date is stated, the goods ordered shall be dispatched within three weeks. This notice period, which is necessary for determining the delivery date, shall begin on the day upon which the sales contract begins.
§ 6 Shipping and passing of risk
(1) Unless expressly agreed otherwise, we shall be authorized to determine the appropriate shipping method, and shipping company at our equitable discretion.
(2) Whereby the customer is the consumer, the risk of accidental perishing or accidental deterioration or the accidental loss of the sold goods shall be passed onto to the customer, at the time at which the goods are delivered to the Customer or the Customer defaults on acceptance. In all other instances, at the time at which the goods are transferred to the shipping company, risk shall be passed onto the customer.
§ 7 Retention of title
(1) We shall retain ownership of the goods dispatched by us, until the sales price is paid in full (including VAT and carriage) for the goods in question.
(2) The customer is not entitled to sell the goods under reservation of title which are dispatched by us, unless he/she has received our prior express written consent to do so. In the event of a resale, the customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 20%.
We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of his/her business, whereby we reserve the right to revoke this authorization at any time, in the event of delayed payment by the customer.
§ 8 Warranty
(1) In the event that the goods delivered have a material defect, the customer shall be entitled to demand that the defect be rectified or the goods replaced by us; if the customer is a business, we shall be entitled to opt for either rectifying the fault or replacing the goods. The choice can only be made by notifying the customer in writing (via letter or email) within three working days of our having been notified of the defect. We shall not be obliged to fulfill the customer´s desired rectification measure, only in the event that the costs of same are disproportionate.
(2) In the event that our rectification of the fault according to § 8 (1) is unsuccessful, or in the event that the customer cannot be reasonably expected to accept same, or if we refuse to rectify the fault, the customer shall be entitled to withdraw from the sales contract under applicable law, reduce the purchase price, claim damages or demand reimbursement of wasted expenditure. Customer claims for compensation shall apply additionally according to § 9 of the General Terms and Conditions herein.
(3) The warranty period shall be two years from delivery whereby the customer is the consumer, otherwise the warranty period shall be one year.
(4) The following shall apply to businesses only: The customer is obliged to check the goods immediately upon receipt of their delivery. The goods delivered shall be deemed as approved by the customer when a fault has not been reported to us as follows:
(a) in the event of an obvious fault, within five working days of delivery or otherwise;
(b) within five days of the fault having been detected.
§ 9 Liability
(1) Our liability for negligence (excluding gross negligence) is limited to 10% of the purchase price (including VAT) in the event of delayed delivery.
(2) We exclude our liability for slightly negligent breach of duty:
a) in so far as such breach of duty does not breach material contractual duties or any warranties, meaning those which enable the proper implementation of the contract in the first place and the observance of which the contracting party regularly trusts and is entitled to expect;
b) as long as such negligent breach of duty does not involve damage caused by the impairment of life, body or health;
c) in so far as all claims in accordance with the German product liability law shall remain unaffected.
The same shall apply to any breaches of duty by our vicarious agents.
§ 10 Data protection
We hereby undertake to treat the personal data of our customers as confidential in compliance with data protection law, especially the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Details can be accessed in data protection information.
You can access data protection information here. (Link needed!)
§ 11 Settlement of disputes
(1) As of February 25, 2016 the European Commission hosts a platform for the resolution of disputes out-of-court. This provides consumers with the opportunity to resolve disputes in relation to their online purchases without initiating court proceedings. The dispute settlement platform can be accessed via the following external link http://ec.europa.eu/consumers/odr/ (see also the end of this paragraph). In compliance with same, we are legally obliged to give you our email address. This is as follows: email@example.com
(2) We shall endeavour to settle any eventual differences of opinion that may arise in relation to our contract by mutual agreement. Beyond this, we are not obliged to participate in settlement proceedings and are not in a position to offer you our participation in such proceedings.
§ 12 Final Provisions
(1) The sales contract between us and the Customer shall exclusively be subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
(2) If the customer is a trader as defined under § 1 para 1 of the German Commercial Code (Handelsgesetzbuch - HGB), a corporate body under public law or a special fund under public law, the courts in Nuremberg, Germany shall be the exclusive place of jurisdiction for all disputes arising from or in relation to the contract. In all other cases, we, or the customer may lodge a claim with any court whose jurisdiction is specified under law.
(3) Should one or more provisions of these General Terms and Conditions become invalid or unenforceable in whole or in part, or should such provisions lose their validity, the remaining terms shall remain unaffected