Terms and Conditions
§ 1 Basic Provisions
(1) These terms and conditions apply to all contracts between the schaltec gmbh Schalungssysteme, Rötenweg 16, 88 518 Herbertingen, Germany - hereinafter the landlord - and the customer, which are closed via the online shop of the Provider, unless agreed in writing between the parties, an amendment is. Differing or conflicting terms and conditions are effective only with the express consent of the provider.
(2) The provider offers its goods and services for purchase, if you are a natural or legal person or a legal partnership and act upon conclusion of the contract as part of its commercial or independent professional activity (business) and insofar as you are not an end user or as a consumer of the goods in your independent professional, commercial, or in their official or official function.
A purchase contract with consumers is excluded.
(3) The contract language is German. The contract will be filed with the provider. The storage is only temporary, the client is itself an expression or to provide for a separate storage.
§ 2 Conclusion
(1) The goods offered by the provider on the Internet do not constitute a binding offer to conclude a sales contract but an invitation to make an order (purchase offer by the customer).
The customer may bid by phone, give in writing, via fax, email or via the online ordering system.
When you purchase through the online shopping system is observed:
The goods are intended for purchase in the "basket" folder. On the appropriate button in the navigation bar, customers can call the "shopping cart" and then make changes at any time. After calling the site "Checkout" and enter your personal data and the payment and shipping terms to be conclusively shown once again of the order.
Before sending the order the customer has the opportunity to review all here again to change (via the "back" of the Internet browser) or cancel the purchase. By sending the order to the appropriate button, the customer makes a binding offer from the provider.The client first receives an automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(2) The use of approved instant payment types through the customer despite the purchase price or fee payment is not to conclude a contract. The acceptance of the offer (and thus the contract) shall in all cases by confirmation in writing (eg email), in which the customer order processing or delivery of goods is confirmed, or by delivering the goods.
The customer should have received within 5 days, no confirmation or notice of the shipment or any product, he is no longer bound to his order. As and when appropriate services rendered in this case be refunded immediately.
(3) Upon request, the provider creates the customer for specific goods an offer that the customer is sent in text form and to which the provider holds tied seven days. The customer accepts the offer with confirmation in writing.
(4) The provider also offers various services. The details will emerge from the description of the performance on the website.
Upon request, the provider creates the customer an offer that the customer is sent in text form and to which the provider holds tied seven days. The customer accepts the offer with confirmation in writing.
§ 3 Prices, Payment & Returns
(1) References in the respective offer prices are net prices include; they do not provide the value added tax. The shipping costs will be charged separately at cost.
(2) The available payment options can be found on the "Shipping and payment".
Specified by the supplier invoices are payable immediately, provided that the relevant bill provides otherwise.
The deduction of cash discounts is only permitted if expressly stated in the invoice.
§ 4 Offsetting and retention
(1) The customer shall be entitled to offset only if the counterclaim is undisputed, legally established or recognized by the provider is.
(2) A lien, the customer can exercise only if it is from the same contract demands.
§ 5 Delivery
(1) The estimated delivery time is stated in the item description and order confirmation.
Delivery dates and times are only binding if they have been confirmed in writing by the provider.
With the advance payment by bank transfer the shipment is made only after receipt of the full purchase price and the shipping cost to the provider.
(2) If a customer ordered product, contrary to expectations, despite timely completion of an adequate hedging transaction from one of the vendors not to fault, is not available, the customer will be informed immediately about the unavailability and in case of withdrawal, as already paid be refunded immediately.
(3) The dispatch takes place on the customer's risk. If the customer desires, the dispatch takes place with an appropriate transport insurance, the costs arising therefrom shall be borne by the customer.
(4) Partial deliveries are permissible and can be made independently by the party charged, unless the customer is thus not burdened with additional costs for shipping.
§ 6 Warranty
(1) The warranty period is one year from date of delivery. Not the one-year warranty period applies to the provider attributable culpably caused damage from injury to life, limb or health, and with gross negligence or willful damage or malice of the seller, as well as recourse under § § 478, 479 BGB.
(2) As a condition of the goods shall only their own information by the provider and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
(3) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity discrepancies and obvious defects within 7 days from receipt of goods to the supplier in writing, the deadline extends the time limit. This also applies to hidden defects discovered later upon discovery. In violation of the investigation and reprimand the assertion of the warranty claim is excluded.
(4) In case of defects the supplier provides, at its option by repair or replacement.
If the repair fails twice, the customer according to your choice of reduction or rescind the contract. In the case of rectification, the provider must not bear the increased costs incurred by the shipment of goods to a different place than the place where the shipment is not the intended use of the same product.
§ 7 Retention of title
(1) The provider retains ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not allowed.
(2) The customer may resell the goods in the ordinary course of business. In this case, he assigns to us all claims in the amount of the bill, which arise from the further sale, on which the cession accepting provider. The customer is also authorized to collect the debt. Unless he fails to meet its payment obligations to the provider reserves, however, to collect the debt themselves.
(3) and combination of the goods purchased by the supplier title to the new object in proportion to the invoiced value of goods to the other processed items at the time of processing.
(4) The provider agrees to release the securities due to him upon request of the customer insofar as the realizable value of collateral exceeds the secured party of the claim by more than 10%. The selection of securities to be released is incumbent upon the provider.
§ 8 Liability
(1) The provider is fully liable for damages resulting from injury to life, body or health if he lack fraudulently conceals or assumed a guarantee for the quality of the purchased item has, after all cases of intent or gross negligence, for damage the Product Liability Act or to the extent otherwise required by law.
(2) If material obligations under the contract are affected by the breach of which would endanger the contractual purpose, the liability of the supplier in case of slight negligence is limited to typical, foreseeable damage is limited.
(3) In case of breach of immaterial contractual obligations, liability for slight negligence is excluded.
(4) Data communication via the internet, considering the current state of the art is not error-free and / or available at all times be ensured. The provider is liable for neither the extent nor the continuous uninterrupted availability of the Website or the services offered.
§ 9 Applicable Law, Place of Performance, Jurisdiction
German law applies excluding the UN sales law.
Of performance and jurisdiction is the seat of the provider.
