Terms & Conditions
GENERAL TERMS AND CONDITIONS (as of 29 May 2020)
1. The following general terms and conditions apply to the business relationship between the customer and SchneidersLaden GmbH, Skalitzer Str. 135a, 10999 Berlin, Germany (hereafter: SchneidersLaden) based on sales contracts. In the case of commercial enterprises, these T&Cs shall also apply to future business relations without us having to explicitly refer to them again. Should the business use conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them. If the "purchase on account" payment method is chosen, the "Supplementary Terms and Conditions for Purchase on Account (dated 28.08.2018)" shall take precedence.
2. The presentation of the products in the online shop is not a legally binding offer, but only a non-binding online catalogue of the product range. By clicking the button "Buy" the customer is deemed to have made a binding order for the goods contained in the shopping cart. An acknowledgement of receipt of the order will be sent immediately upon dispatch of the order. The purchase contract shall only be concluded with our separate order confirmation.
3. SchneidersLaden reserves the right not to perform the agreed service, if it turns out after conclusion of the contract that a supplier has failed to deliver the goods despite the placement of a valid order and if SchneidersLaden is not responsible for such failure (reservation of self-delivery). The customer will be informed immediately, should this be the case. Any payments already made will be reimbursed immediately. Further claims against SchneidersLaden are excluded.
§ 2 Delivery
1. If the customer is a business (§ 14 BGB), delivery is always at the customer's risk.
This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold item, even in the case of mail order purchases, shall not pass to the customer until the item has been handed over. If the customer refuses to accept the goods, this shall still be considered equivalent to a handover. The delivery shall be made to the delivery address provided by the customer.
2. The listed prices are retail prices and include the statutory value added tax. Any additional costs (e.g. shipping costs) are shown separately for the respective products. Deliveries to countries outside the EU may be subject to additional customs duties and fees, which must be borne by the customer.
3. Orders above 100 Euro are shipped free of charge to addresses within Germany.
4. If the customer is a merchant in the sense of the German Commercial Code (HGB), the goods must be inspected for transport damage immediately upon receipt by the customer or a representative. If the customer is a merchant in the sense of the HGB (German Commercial Code), he/she must confirm in writing any transport and packaging damages found when accepting the goods from the transport company and report these to SchneidersLaden. We kindly ask customers, who are consumers, to inform us about obvious damages in transit as well.
§ 3 Warranty and compensation
1. In the case of delivery of new goods, the warranty towards consumers shall be governed by the statutory provisions. If the customer is a merchant in the sense of the HGB (German Commercial Code), s/he must confirm in writing any transport and packaging damages found when accepting the goods from the transport company and report these to SchneidersLaden. This shorter period shall not apply: (1) for culpably caused damages from injury to life, body or health (2) for other damages caused intentionally or by gross negligence; (3) if the defect was fraudulently concealed or (4) if a guarantee for the quality of the item was assumed.
2. If the customer is a business within the meaning of 14 BGB, the following shall apply in deviation from paragraph 1: The customer shall be obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects immediately upon receipt of the goods in text form (e.g. email). This shall also apply to hidden defects discovered at a later date upon discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
3. Defects or damage caused by negligent or improper handling or improper assembly as well as the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by SchneidersLaden are excluded from the warranty.
Wear and tear due to use is also excluded from the warranty.
4. In case of defects, we provide warranty by repair or replacement at our discretion. If a remedy of defects fails, you can choose to demand a reduction in price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless something else applies in particular due to the nature of the item or the defect or other circumstances.
5. If a contractual obligation is negligently violated, the liability of SchneidersLaden is limited to foreseeable damages.
§ 4 Payment terms and due date
1. Unless otherwise agreed in writing, invoices are payable immediately and without deduction. Pre-payment orders will only be dispatched once payment has been received.
2. We reserve the right to refuse cheques and other non-cash means of payment. Their acceptance is always only provisional payment.
Payments in foreign currency will be credited in accordance with the bank statement. Bank charges shall be borne by the customer.
3. If the customer defaults on payment of the purchase price, interest shall be charged on the total purchase price during the period of default at five percentage points above the respective base interest rate. If SchneidersLaden can prove that a higher damage caused by delay has occurred, SchneidersLaden is entitled to claim this.
§ 5 Reservation of proprietary rights
1. If the customer is a merchant in the sense of the HGB (German Commercial Code), the delivered goods shall remain the property of SchneidersLaden until the full payment of all existing claims against the customer, including all existing additional claims. Where contracts with consumers are concerned, SchneidersLaden retains ownership until the purchase price has been paid in full.
2. The customer is not allowed to sell the goods to a third party until full payment of the purchase price or to take any other measures that might damage the property of SchneidersLaden.
The customer hereby assigns to SchneidersLaden any future claims against the purchaser in the amount of the purchase price agreed between SchneidersLaden and the customer, including interest and additional claims. SchneidersLaden accepts this assignment.
§ 6 Place of fulfilment and jurisdiction; Consumer Dispute Settlement Act
1. The legal relationship between the customer and SchneidersLaden is exclusively subject to German law and excludes the UN-Convention on Contracts for the International Sale of Goods (CISG).
2. Where the customer is a merchant, a legal person of public law or a special fund under public law, the place of fulfilment for all services resulting from the business relationship with SchneidersLaden is the place of business of SchneidersLaden.
3. Where the customer is a merchant, legal person of public law or special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship with the customer or from these general terms and conditions.
4. We refer to the Consumer Dispute Settlement Act (VSBG): The European Commission provides a platform for online dispute resolution (OS), which can be found here: https://ec.europa.eu/consumers/odr/. You can find our e-mail address in our impressum. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 7 Concluding provision
Should any of these provisions - for whatever reason - not be enforceable, this shall not affect the validity of the remaining provisions.