General business conditions for purchases from the Online Shop at www.schoenbuch.com
§ 1 General information, validity of these conditions
1.1 The deliveries made and the services rendered by Schönbuch GmbH of Industriestrasse 11 in 97631 Bad Königshofen, Germany (hereinafter referred to as “Schönbuch”) are in all cases based exclusively on the version of our general business conditions that is valid when the order is placed. Unless expressly agreed otherwise in writing, business conditions not in accordance with our own shall be inapplicable.
1.2 The “customer” as understood by these general business conditions can be either the consumer or a business undertaking. Consumers as understood by these general business conditions are natural persons who conclude a contract for a purpose that is not for either a trade or professional purpose. Business undertakings as understood by these general business conditions are natural persons, legal entities or bodies corporate who are pursuing a commercial or a self-employed business activity when a contract is concluded with us.
§ 2 Proposal and conclusion of contract
2.1 Your order represents a binding offer for us to conclude a contract with you. We can accept this offer by sending you an order confirmation by e-mail within 72 hours of your order having been received. A contract is concluded when this order confirmation is sent to you.
2.2 If you wish to send us an order, please proceed as follows:
Where the article is listed you will find its description and details of the available versions. Decide on the quantity of the article that you need and the version. Click on “move to shopping cart” in order to transfer the article to it. You will then see a confirmation that the article has been moved successfully to the shopping cart. Repeat this procedure for any other articles you wish to order. To complete the purchasing process, go to the shopping cart (the symbol is at the top right of the screen).
The shopping cart contains a list of the articles you have selected. If necessary, you can alter the details in the shopping cart. If they are correct, follow the link to the checkout point. If you are a first-time customer, you must register with us. Please complete and send off the registration form. You will receive confirmation by e-mail that your registration was successful. The e-mail contains the details you have submitted so that you can check that they are correct.
You can now follow the link to the shopping cart and then to the checkout point. Confirm the delivery address for your order here, and also the address to which the invoice must be sent (or change the entries if they are not correct).
The next step is for you to choose one of the two possible methods of payment (cash in advance, credit card or paypal) and enter the details we need on the form that then appears. A summary of the order then follows. After confirming that you accept our general business conditions, you can upload your order. When we receive it, we will send you confirmation of receipt by e-mail, followed by a separate order confirmation to indicate that the contract between us has been concluded.
If any incorrect entries have been made, navigate through the browser in reverse until you reach the entry you wish to alter, or terminate the order process and start it again.
2.3 When you order from our Online Shop, a contract is concluded with:
Schönbuch GmbH Industriestrasse 11 97631 Bad Königshofen Germany; General Manager Michael Ress
Tel. +49 (0)9761 - 3962 - 0 Fax +49 (0)9761 - 3962 - 22
Trade register AG Schweinfurt HRB 4790
German value added tax ID No. DE 145170900
§ 3 Storage of contract data
We memorise your order and the order data that you have entered, and send you a confirmation of receipt by e-mail, followed by a confirmation of order containing the complete order data. You can also print out the order and our general business conditions after you received the confirmation of receipt by e-mail. In addition, you can access the orders you have placed at any time by way of your customer account.
§ 4 Entitlement to revoke the contract
You can revoke the contract you have concluded either in writing (e.g. by letter, fax or e-mail) within 14 days without having to state any reason but also, if you receive the article before this deadline has elapsed, by returning the article. The revocation period begins when you receive this statement of your rights in writing, but not before the goods (or the first part-delivery in the case of successive deliveries of identical articles) have reached the recipient, nor before we have complied with our information liabilities in accordance with Article 246 § 2 (German Civil Code) in conjunction with § 1 Par. 1 and 2 EGBGB and with our liabilities in accordance with § 312g Par. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation deadline is considered as having been complied with if the revocation statement is sent or the article returned in good time. Revocation is to be addressed to:
Schönbuch GmbH, Industriestraße 11, D - 97631 Bad Königshofen, Germany
Fax: +49 (0)9761 - 3962 – 22
Consequences of revoking the contract
If the contract has been validly revoked, the services rendered by each party to the other are to be returned and any accruing benefits (e.g. interest) reimbursed. If you are unable either completely or partly to return the service rendered to you or the accruing benefits (e.g. from use thereof), or can do so only in a deteriorated condition, you must reimburse us for the corresponding loss of value. If articles have deteriorated or benefits have been derived from them, you are only required to make good the loss of value to the extent that use or deterioration of the article went beyond the testing of its properties or functions. ‘Testing of its properties or functions’ is understood as testing and trying out of the article such as would have been possible and customary at a retail outlet. Articles suitable for return as parcels are to be returned at our risk. You must bear the regular cost of returning the article if it is in accordance with the article that was ordered and if the price of the article to be returned does not exceed 40 Euros or, if it is in excess of this sum, if you have not rendered payment or a contractually agreed part-payment by the time you revoke the contract. In all other circumstances, you incur no charge for returning the article. Articles not suitable for return as parcels will be collected from your address. Payment reimbursement liabilities must be complied with within 30 days. This period begins for you when you send us your revocation statement or the article; it begins for us when one of these is received.
End of information regarding revocation of contract
If you are engaged in business in the sense understood by § 14 of the German Civil Code (BGB) and conclude the contract as part of your business or self-employed activity, you have no revocation entitlement.
§ 5 Agreement on acceptance of costs
If you choose to revoke the contract as stated in § 4, you must bear the regular return costs if the goods delivered are not as ordered, if the price of the article being returned does not exceed 40 Euros or if the article was charged at a higher price when you decided to revoke the contract, but you have not yet rendered the payment demanded for it or a contractually agreed part-payment. In all other cases you can return the article free of charge.
§ 6 Prices and delivery costs
6.1 All prices include the rate of value added tax laid down by law; delivery costs are added. We use DHL or, if we see fit, another service provider to make deliveries.
6.2 Goods are delivered free of charge within Germany.
6.3 A lump sum of 9,00 Euro including 19% VAT is charged for delivery to the following countries:
Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Rumania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom of Great Britain.
6.4 A lump sum of 15,00 Euro including 19% VAT is charged for delivery to the following countries:
6.5 A lump sum of 35,00 Euro including 19% VAT is charged for delivery to the following countries:
Please note that shipment abroad may mean that you have to pay tax and/or customs duty.
§ 7 Delivery conditions
7.1 We deliver only within Germany and to the countries stated in § 6.3.
7.2 Unless otherwise stated in the offer, goods are despatched within 2 working days after receipt of payment.
§ 8. Payment conditions
8.1 Payment can be either by cash in advance, by credit card or via Paypal. We reserve the right not to accept a specific method of payment. If payment in advance is chosen, our order confirmation will contain details of the bank to which payment should be made. The invoiced sum is to be transferred to our account within 10 days. If payment is made by credit card, your card will not be debited until we have sent you our confirmation of order.
8.2 If you are a consumer as stated in § 2, interest will be charged on the purchase price in the event of any delay in payment at 5 percent above the basic lending rate, but we reserve the right to prove that our loss as a result of the delay in payment is higher than this and to claim this sum.
§ 9. Warranty for consumers
A warranty is granted in accordance with legal requirements if you are a consumer and the order placed with Schönbuch is not intended for any purpose that can be associated with your trade or professional activity. The warranty period if used articles are purchased is one year.
§ 10 Warranty for business undertakings
If you place an order with Schönbuch as a business undertaking, the following provisions will apply:
10. 1 Delivered articles are to be inspected immediately following delivery, insofar as this is practicable in the normal course of business. We are to be notified without delay if a shortcoming is detected. If the customer fails to notify us, the goods shall be regarded as having been accepted unless the shortcoming was not identifiable during the inspection. If a shortcoming of this nature is detected, we must be notified as soon as it is detected, otherwise the goods will be regarded as having been accepted despite this shortcoming. The provisions of § 377 HGB remain unaffected by this. The customer is not absolved from inspection liability even in the event of recourse in accordance with § 478 BGB. If the customer fails to notify us immediately of shortcomings complained of by an end-user, the goods shall be regarded as having been accepted despite the shortcoming.
10.2 If a shortcoming is present, we are entitled to determine the manner in which it should be rectified, taking the nature of the shortcoming and the customer’s justified interests into consideration. Rectification according to the terms of these contracts shall be regarded as having failed after three unsuccessful attempts. This provision does not apply in the event of recourse in accordance with § 478 BGB.
10.3 In the event that shortcomings are to be rectified we are liable to accept only the necessary costs, in particular transport, movement, work and material costs, to the extent that they are not increased by the article having been transferred to a place other than that in which the customer’s registered offices or trading subsidiary is located. This provision does not apply in the event of recourse in accordance with § 478 BGB.
10.4 The customer’s entitlement to claim for shortcomings or demand damages expires after one year. This does not apply in the event of recourse in accordance with § 478 BGB, or if §§ 438 Par. 1 No. 2 BGB or § 634a Par. 1 No. 2 BGB are applicable. Nor does it apply to claims for damages alleging fatal or bodily injury or damage to health, or grossly negligent or deliberate action taken by ourselves or our agents. If § 438 I No. 2 b BGB (articles for structural works) applies, the contract party’s claims alleging shortcomings expire after 2 years. No claims alleging shortcomings will be considered in respect of sales of used articles.
§ 11 Customer service
If you have any questions or complaints, you can reach us by telephone Monday to Friday from 9 a.m. to 5 p.m. on: +49 (0)9761 - 3962 - 0 or by e-mail: firstname.lastname@example.org
§ 12 Applicable law, venue for legal proceedings
12.1 German law is applicable; the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded.
12.2 Customers who conclude a contract with us that is not part of their professional or commercial activity (consumers) are subject to this choice of applicable law only to the extent that it does not deprive them of mandatory rights in the country in which they are normally resident.
12.3 If the ordering party is a trader, a body corporate under public law or a separate public estate, the venue for legal proceedings shall be the courts of law in 97631 Bad Königshofen, Germany, where the registered offices of Schönbuch are situated.
§ 13 Miscellaneous
13.1 The contract languages are German and English. In the event of a dispute concerning interpretation of the English version of these general business conditions, the German version shall be applicable.
13.2 If one or more of the provisions of these general business conditions should prove to be ineffective, all other provisions of the contract shall remain valid. In the event of provisions proving to be ineffective, the content of the contract shall be interpreted in accordance with statutory provisions.
Status: October 5, 2010