Terms and Conditions with customer information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right to Cancel
- Prices and Payment Conditions
- Delivery and Shipment conditions
- Reservation of Proprietary Rights
- Redemption of action vouchers
- Applicable law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Strobel & Walter GmbH (hereinafter referred to as “Seller”) apply to all contracts relating to the delivery of goods by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller in respect of Seller’s completed in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by phone, e-mail or post to the seller.
2.3 The seller can accept the offer of the customer within five days,
by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller’s website.
2.5 Before placing the order on the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 The contract is concluded in German and English.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are in principle entitled to a right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.
3.3 Pursuant to section 312 g para. 2 no. 9 German Civil Code there is no right of cancellation, unless agreed otherwise, regarding service contracts in connection with leisure activities, if those contracts provide a specific performance deadline or period of time. Thus, the right of cancellation is also excluded for contracts dealing with the sale of tickets for scheduled recreational activities.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method “IMMEDIATELY” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATE”). In order to be able to pay the invoice amount “IMMEDIATELY”, the customer must have a PIN / TAN online banking account enabled to participate in “IMMEDIATE”, legitimize himself during the payment process and have the payment order vis-à-vis “IMMEDIATE”. to confirm. The payment transaction will be carried out immediately after “IMMEDIATE” and the customer’s bank account will be charged. Further information about the “IMMEDIATE” payment method can be found on the internet at https://www.klarna.com/sofort/.
4.7 When the stripe is selected, payment will be processed through the payment service Stripe Payments Europe Ltd, Block 4, Harcourt Center, Harcourt Road, Dublin 2, Ireland. More information about the payment service Stripe can be found at https://stripe.com/en/privacy.
4.8 If the payment method “installment purchase by easyCredit” is selected, the payment is processed via TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg (hereinafter “TeamBank AG”), to which the seller assigns his payment claim. Before accepting the declaration of assignment of the seller, TeamBank AG carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method “installment purchase by easyCredit” in case of a negative examination result. If the payment method “Ratenkauf by easyCredit” is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG at the conditions specified by the seller, which are communicated to him in the online shop of the seller. In this case, he can only render to TeamBank AG with debt-discharging effect. However, the seller remains responsible for general customer inquiries, even in the case of assigning claims. For example, to the goods, delivery time, shipping, returns, complaints, revocation statements and shipments or credits. In addition, the general terms and conditions for installment purchase by easyCredit, which can be downloaded from the internet at https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_raten_buy_by-easycredit_2.0.pdf, apply.
5) Delivery and Shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the seller has not previously designated the person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pickup is not possible for logistical reasons.
5.6 Tickets will be provided to the client as follows:
– by e-mail
6) Reservation of Proprietary Rights
6.1 The consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the seller. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer complies with his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:
7.1 If the customer acts as an entrepreneur, the seller has the choice of the type of remedy; for new goods, the limitation period for defects is one year from the passing of risk; in the case of used goods the rights and claims due to defects are excluded in principle; the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.2 If the customer acts as a consumer, the limitation period for claims for defects with used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3The limitation of liability and reduction of limitation periods regulated in the preceding paragraphs do not apply for things that have been used for a structure according to their usual use and have caused its defectiveness, for damages and reimbursement claims of the customer, as well in the event that the seller has fraudulently concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason in case of intent or gross negligence, in case of intentional or negligent injury to life, body or health, on the basis of a guarantee, unless otherwise stipulated due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates a material contractual obligation, the liability is limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the above clause. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 Incidentally, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redemption of action vouchers
9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the vendor’s online shop and only within the specified period.
9.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
9.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
9.4 Per order, only one action voucher can be redeemed.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
9.7 The balance of an action voucher will not be paid in cash or interest.
9.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.
9.9 The action coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract,provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client’s place of business is located.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.