General terms and conditions with customer information

Table of contents

1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. liability
9. redemption of promotion vouchers
10. applicable law
11. place of jurisdiction
12. code of conduct
13. alternative dispute resolution

 

1) Scope

1.1  These General Terms and Conditions (hereinafter referred to as "GTC") of Strobel & Walter GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2  Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1  The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but are intended for the submission of 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 store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or post.

2.3  The seller can 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), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract shall be concluded at the time when 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 a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4  If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer's offer at the moment the customer clicks on the button completing the order process.

2.5  When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this.

2.6  Before bindingly placing an 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 enlargement function of the browser, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7  Only the German language is available for the conclusion of the contract.

2.8  The order processing and contact is usually done via e-mail and automated order processing. The customer has to make sure that the e-mail address provided by him for order processing 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 e-mails sent by the seller or 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 revocation can be found in the revocation instruction of the seller.

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 that may be incurred shall be stated 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 through 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 money if the delivery is not 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 store of the seller.

4.4 If the payment method "IMMEDIATELY" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", identify himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the payment method "IMMEDIATELY" can be obtained by the customer on the Internet at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment transaction will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the online store of the Seller. Stripe may use other payment services for the processing of payments, for which special payment conditions may apply, to which the Customer will be informed separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

If a payment method offered through the payment service "Klarna" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). For further information and Klarna's terms and conditions, please refer to the Seller's payment information, which is available at the following Internet address

https://www.strobel-walter.com/pages/versandinformationen

5) Delivery and shipping conditions

5.1  The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed.

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 does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction applies.

5.3  If the customer acts as an entrepreneur, 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 forwarding agent, the carrier 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 sold goods is only transferred to the customer or a person or institution authorized to receive the goods when the goods are handed over to the customer. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods, even in the case of consumers, shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out 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 case of incorrect or improper self-supply. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a concrete hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In 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  In the case of self-collection, the seller will first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's place of business after consultation with the seller. In this case no shipping costs will be charged.

6) Retention of title

6.1  In relation to consumers, the seller reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

6.2  In relation to entrepreneurs, the seller reserves the right of ownership of the delivered goods until all claims 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 assigns to the seller in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment shall apply 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 seller's authority to collect the receivables himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:

7.1  If the customer acts as an entrepreneur,

- the seller has the choice of the type of supplementary performance;

- the limitation period for defects in new goods is one year from delivery of the goods;

- in the case of used goods, the rights and claims due to defects are generally excluded;

- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2  If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory period of limitation.

7.3  The limitations of liability and shortening of time limits regulated in the above paragraphs shall not apply

- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,

- for claims for damages and reimbursement of expenses of the customer, and

- in the event that the seller has fraudulently concealed the defect.

7.4  Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

7.5  If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the duties of notification regulated therein, the goods shall be deemed to be approved.

7.6  If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows

8.1  The seller is liable for any legal reason without limitation

- 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 promise, unless otherwise regulated in this regard,

- due to 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 unlimited liability is granted in accordance with the above clause. Essential 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 is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3  Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Redemption of action coupons

9.1  Vouchers which are issued free of charge by the Seller within the scope of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter "promotion vouchers") can only be redeemed in the Seller's online store and only within the specified period.

9.2  Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

9.3  Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.

9.4  Only one promotion voucher can be redeemed per order.

9.5  The value of goods must be at least the amount of the promotion voucher. Any remaining balance will not be refunded by the seller.

9.6  If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7  The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.

9.8  The action coupon is not refunded, if the customer returns the commodity paid with the action coupon totally or partly in the context of its legal right of revocation.

9.9  The promotion voucher is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotion voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the non-authorization, incapacity or lack of authorization to represent the respective owner.

10) Applicable law

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 purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or 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 registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office 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 call upon the court at the customer's place of business.

12) Code of Conduct

- The salesman subjected himself to the Trusted Shops quality criteria, which are available in the Internet under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf einsehbar sind.

13) Alternative dispute resolution

13.1  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 from online purchase or service contracts in which a consumer is involved.

13.2  The salesman is neither obligated nor ready for the participation in a conciliation procedure before a consumer conciliation board.