General terms and conditions 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
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Schmedt GmbH & Co. KG (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. Hereby, the inclusion of the Customer's own terms and conditions is objected to, unless otherwise agreed.
1.2 For contracts for the supply of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise provided. Digital content within the meaning of these GTC are data that are created and provided in digital form.
1.3 For contracts for the delivery of vouchers, these GTC apply accordingly, unless something different is regulated in this respect.
1.4 Consumer in the sense of these GTC 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.
1.5 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding quotations on the part of the Seller, but serve to submit a binding quotation by the Customer.
2.2 The Customer may submit the quotation via the online order form integrated into the Seller's online store. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the quotation by telephone, fax or e-mail to the seller.
2.3 The seller may accept the quotation of the customer 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 shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after submission of the customer's order
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the quotation begins to run on the day following the dispatch of the quotation by the customer and ends with the expiry of the fifth day, which follows the dispatch of the quotation. If the seller does not accept the customer's quotation within the aforementioned period, this shall be deemed to be a rejection of the quotation with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting a quotation via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. 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 store before sending 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 relevant login data.
2.6 Before bindingly placing the order via 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 magnification function of the browser, 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 which completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that at this address the e-mails sent by the seller can be received. 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 cancellation policy.
3.3 The 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 residence and delivery address at the time of the conclusion of the contract are outside the European Union.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional 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 transfer 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 the transfer of funds 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 seller's online store.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be accessed by the customer on the Internet at https://www.klarna.com
4.6 When selecting a payment method offered via the payment service "mollie", the payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com
4.7 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days from 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 refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online store of a corresponding payment restriction.
4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect receivables on his behalf. PAYONE GmbH collects the invoice amount from the specified credit card account of the customer. The credit card will be charged immediately after the customer's order has been sent in the online store. The seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method credit card payment is selected via PAYONE GmbH.
5) Terms of delivery and shipment
5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the settlement of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 In the case of goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online store and unless otherwise agreed.
5.3 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 does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs applies in the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the cancellation policy of the seller.
5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or any other person or institution 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 pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in case 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, with due diligence, concluded a specific covering transaction with the supplier. 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.
5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.7 Vouchers shall be provided to the Customer as follows:
- by e-mail
6) Retention of title
6.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 Vis-à-vis entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods 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 regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to 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)
Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, the rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The above-regulated limitations of liability and shortening of time limits do not apply
- for claims for damages and reimbursement of expenses of the customer,
- for the case that the seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
- 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 entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
The seller is liable to the customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- because of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
8.3 Otherwise, any liability of the seller is excluded.
8.4 The foregoing liability provisions shall also apply with regard to the Seller's liability 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 owes, in addition to the delivery of the goods, also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes 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 any claims of third parties which these 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 regard, the customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth endangering and/or violence glorifying content.
10) Redemption of promotional vouchers
10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion, provided that 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. A subsequent offset 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 balance 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 balance of a promotional voucher will neither be paid out in cash nor will 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.
10.9 The promotional voucher is transferable. The Seller may make payments with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal 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 store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, 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 the Voucher purchase. Remaining balances will be credited to the customer until the expiration date.
11.3 Gift certificates can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 More than one gift voucher can be redeemed in one order.
11.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
11.6 If the value of the gift 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.
11.7 The balance of a gift voucher will not be paid out in cash nor will it earn interest.
11.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of representation authority of the respective holder.
12) Applicable law
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law 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.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law 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 seller's registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business 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 customer's professional or commercial activity. However, in the above cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.