General Terms and Conditions of Business with Customer Information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Cancellation of promotional vouchers
- Relief of gift vouchers
- Applicable law
- Code of Conduct
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Schmedt GmbH & Co. KG (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of goods which a consumer or business (hereinafter referred to as the "Customer") concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of physical data carriers, which exclusively serve as carriers of digital content, these GTC shall apply accordingly, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and made available in digital form.
1.3 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise agreed.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.5 A business within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of his 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 on the part of the Seller, but serve the purpose of submitting a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax or e-mail.
2.3 The seller may accept the customer's offer within five days,
- by sending 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 by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and communicated to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Prior to the binding submission of the order üvia 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 be the browser's enlargement function, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 For the conclusion of the contract, the German and English languages are available.
2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer shall ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's instructions on the right of withdrawal.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transmission 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 method(s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume exceeds the stated volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.6 If the payment method „PayPal Direct Debit“ is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for the advance information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer which announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective bank for the reversal of the debit entry if he is responsible for this.
4.7 If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. The credit card payment method shall be processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller authorises to collect claims on his behalf. BS PAYONE GmbH collects the invoice amount from the credit card account of the customer. The credit card will be debited immediately after the customer has placed the order in the online shop. The seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even if the credit card payment method is selected via BS PAYONE GmbH.
5) Delivery and shipping terms
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive in the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises the right of withdrawal, the provision made in the seller's instructions on withdrawal shall apply to the costs of returning the goods.
5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle not pass until the goods are handed over to the customer or a person authorised to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the freight carrier or the person or entity otherwise designated to carry out the shipment; The seller shall be liable for the loss of the goods as soon as the customer has delivered the goods to the carrier, freight forwarder or other person or institution designated to effect the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to effect the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 If the seller offers the goods for collection, the customer may collect the ordered goods within the business hours stated by the seller at the address stated by the seller. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to the Customer as follows:
- by email
6) Retention of title
6.1 With respect to consumers, the Seller shall retain title to the goods delivered until the purchase price owed has been paid in full
6.2 In relation to businesses, the seller retains ownership of the delivered goods until all claims arising from a current business relationship have been settled in full.
6.3 If the customer acts as a businessman, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain entitled to collect the claims even after the assignment. The Seller's right to collect the claims himself shall remain unaffected. However, the Seller shall not collect the claims as long as the customer meets his payment obligations towards the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
In so far as nothing to the contrary arises from the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:
7.1 If the customer is acting as a business,
- the seller has the choice of the type of subsequent fulfilment;
- in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects shall be excluded;
- the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.
7.2 The above-mentioned limitations of liability and shortening of the period shall not apply
- for claims for damages and reimbursement of expenses of the customer
- in the event that the seller has fraudulently concealed the defect
- for goods which have been used for a building in accordance with their normal use and have caused the defectiveness of the building.
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the obligation to examine the goods in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.5 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this shall have no effect whatsoever on his statutory or contractual claims for defects.
The Seller shall be liable to the Customer for all contractual, customary and statutory claims, including claims in tort, for damages and reimbursement of expenses, as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, liability on the part of the Seller is excluded.
8.4 The foregoing liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to certain specifications of the customer
9. 1 If, according to the content of the contract, the seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all the content required for the processing, such as texts, drawings, drawings, etc., as well as with the processing of the goods according to certain specifications of the customer; The customer shall provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
9. 2 The customer shall indemnify the seller against claims of third parties which the latter may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. In this case, the customer shall also bear the necessary costs of legal defence, including all court costs and lawyers' fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer shall be obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claim and a defence.
9. 3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate statutory or regulatory prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
10) Redemption of promotional vouchers
10.1 Vouchers which are issued free of charge by the Seller within the framework of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") may only be redeemed in the Seller's online shop and only during the specified period of time.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order at any one time.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.8 The credit balance of a promotional voucher will not be paid in cash.
10.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
11.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer up to the expiry date.
11.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.3 Gift vouchers can only be redeemed before the order process has been completed.
11.4 More than one gift voucher can be redeemed for an order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to make up the difference.
11.7 The balance of a Gift Voucher will not be paid out in cash nor will it accrue interest.
11.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the relevant holder who redeems the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.
12) Applicable law
12.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.
13) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special public-law entity with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the place of the Customer's registered office.
14) Code of conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
15) Alternative dispute resolution
15.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.