General business conditions
General business conditions for the online shop
of Barth Schleiftechnik GmbH, represented by its managing director, Michael Barth, Eisackstraße 17. 86165 Augsburg, hereafter called the Vendor
§ 1 General
1. The Vendor primarily offers tools for sale from the online shop at the schleiftechnik.com website. The following General Business Conditions apply to the business relationship between the Vendor and the Customer.
2. Consumers for the purposes of these business conditions are natural persons who conclude the legal transaction for a purpose that cannot be defined as part of their commercial or freelance occupational activity.
Entrepreneurs for the purposes of these business conditions are natural or legal persons or legally responsible business partnerships that are exercising their commercial or freelance occupational activity at the time the legal transaction is concluded.
Customers for the purposes of these business conditions may be either consumers or entrepreneurs.
3. Individual contractual agreements take priority over these General Business Conditions. Other, contrary or supplementary general business conditions shall not be part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of the agreement
1. The Vendor’s offers are non-binding and subject to confirmation. The ordered goods may differ slightly from the goods represented on the Internet for technical display reasons. In particular, the colours may differ slightly.
2. Customers may place orders in writing, by telephone, fax or e-mail or using the online form. The customer’s order represents a binding offer to conclude a purchase agreement for the ordered good(s). Unless otherwise agreed, receipt of a telephone order shall not represent a binding acceptance by the Vendor.
The Vendor shall immediately confirm receipt of the Customer’s order by fax or e-mail. The confirmation of receipt shall not represent a binding acceptance of the order. The purchase agreement shall not exist until the confirmation of delivery is sent or the goods are delivered, and not when the order confirmation is sent.
3. The Vendor is entitled to accept the contractual offer contained in the order within two weeks. For goods ordered by the electronic route, the Vendor is entitled to accept the order within five working days of receipt. The Vendor shall be deemed to have accepted if he delivers the ordered goods within this period.
The Vendor is entitled to refuse to accept the order – after checking the Customer’s creditworthiness, for example.
4. The agreement shall be concluded with the proviso that it may not be possible to deliver some or all of the goods if the Vendor's own suppliers fail to deliver or deliver incorrectly.
This shall only apply if the non-delivery is not attributable to the Vendor and the Vendor has agreed appropriate coverage of the shortfall with the supplier with all due diligence.
The Vendor shall make every reasonable effort to procure the goods, otherwise the associated payment shall be immediately reimbursed. The Customer shall be informed immediately if the goods are unavailable or only partly available.
5. If the Customer ordered the goods electronically, the Vendor shall save the text of the agreement and send it to the Customer by e-mail, together with the legally-effective General Business Conditions, when the agreement is concluded.
§ 3 Retention of title and cancellation
1. For consumers, the Vendor shall retain ownership of the goods until the purchase prices is paid in full.
For entrepreneurs, the Vendor shall retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.
2. The Vendor is entitled to withdraw from the contract and demand return of the goods if the Customer acts in breach of the agreement, particularly if he defaults on payment, provides false information about his creditworthiness or if bankruptcy or insolvency proceedings are opened in respect of the Customer’s property.
3. The entrepreneur is entitled to resell the goods in the ordinary course of business. In this case, he shall assign to the Vendor all debts amounting to the invoice total that accrue to him from a third party as a result of the resale. The Vendor shall accept the assignment. After such assignment, the entrepreneur is authorised to collect the debt. The Vendor reserves the right to collect the debt himself if the entrepreneur fails to correctly meet his payment obligations and falls into arrears.
4. The Vendor undertakes to release the sureties that are due to him at the Customer’s request if the value that can be achieved from the Vendor's sureties exceeds the debt to be secured by more than 10 %. The Vendor shall choose which sureties to release.
§ 4 Remuneration
1. The stated price is binding and inclusive of value-added tax at the current rate.
2. For distance sales agreements there are additional shipping costs as set out in § 5 of these General Business Conditions.
3. The Customer shall only be entitled to offset costs if his counterclaims are found to be legally valid or are not disputed by the Vendor. The Customer may not exercise any right of retention unless his counterclaim is based on the same contractual relationship.
4. The Customer undertakes to pay the full price within fourteen days of receipt of the purchase data by e-mail or of the invoice. The Customer shall be deemed to be in arrears after this period has elapsed. The consumer shall pay a penalty of 5 % above the basic interest rate for the period he is in arrears. The entrepreneur shall pay a penalty of 8 % above the basic interest rate for the period he is in arrears. The Vendor reserves the right to claim a higher penalty for arrears from entrepreneurs.
§ 5 Payment methods and shipping costs
1. The Customer may pay in advance/by bank transfer, PayPal, cash on delivery or credit card. The seller reserves the right to refuse individual payment methods.
2. If payment is made in advance / by bank transfer, credit card or PayPal, the goods will not be dispatched until the full order amount is credited to the seller’s account. If the cash on delivery shipping method is selected, the Customer shall pay the shipping company directly. If payment is made cash on delivery or by invoice, the goods will be dispatched 1-5 working days after receipt of order.
3. a. There are additional shipping costs for delivery. These are set out in our list of delivery costs.
b. If payment is made cash on delivery, there will be an additional charge of €6 in addition to the shipping costs.
§ 6 Delivery
1. We deliver within the European Union. For delivery to other countries, the shipping costs must be requested before ordering.
2. Goods that are in our warehouse will be dispatched within 1-5 working days. If goods have other delivery times, they are identified accordingly.
3. With respect to the proviso that the Vendor’s own suppliers have delivered correctly, the Vendor refers to § 2. para. 4 of these conditions.
4. The Vendor is entitled to make a partial delivery if a partial delivery is reasonable to the Customer taking account of his interests. The Customer must not incur any additional costs as a result.
§ 7 Transfer of risk
For consumers, the risk of accidental destruction or deterioration of the sold goods is transferred to the consumer when the goods are handed over, even for distance sales.
For entrepreneurs, the risk of accidental destruction or deterioration of the sold goods is transferred to the entrepreneur when the goods are delivered to the carrier, haulier or other person or establishment designated to carry out the shipment for distance sales.
The transfer shall apply even if the Customer delays acceptance.
§ 8 Consumers’ right to cancel
- Cancellation policy
You may cancel your contract within two weeks without giving any reasons. You can either cancel in writing (i.e. letter, fax, e-mail), or by sending back the goods if you receive them before the two-week period has elapsed. The period shall commence upon receiving this notification in text form, and not prior to delivery of the goods to the recipient (or, in the case of recurring deliveries of similar goods, not prior to delivery of the first part-shipment), nor before the fulfilment of our duties to furnish information as set out in § 312c Para. 2 German Civil Code (BGB) in conjunction with § 1 Paras. 1. 2 and 4 of the Information Obligations set out therein (BGB-InfoV) as well as our obligations as set out in § 312e Para. 1 Cl. 1 BGB in conjunction with § 3 BGB-InfoV. For purposes of this deadline, it is sufficient to send the cancellation or the product postmarked within the deadline.
The cancellation should be sent to:
Barth Schleiftechnik GmbH
Eisackstraße 17
86165 Augsburg
Fax: +49 (0)821 71 25 71
E-mail: info@schleiftechnik.com
Consequences of cancellation:
If cancellation takes effect, any products/services received by either party must be returned and where applicable any benefits received (e.g. from interest) are to be surrendered. If you are wholly or partly unable to return the product/service received or are only able to return it in a deteriorated condition, you may be required to pay us compensation. If products are returned, this shall not apply if the deterioration in the product is solely attributable to examination of the product – as typically can occur in the course of retail business. This compensation obligation may be avoided by not using the product as though it were your own property and not doing anything that might devalue it. Products that can be shipped by mail are to be returned this way at our risk.
You must bear the cost of return shipment if the goods that were supplied are exactly as ordered and if the price of the goods to be returned does not exceed Euro 40 or, if the price is higher, you have not made payment in full or a contractually-agreed part-payment at the time of cancellation. Otherwise return of the goods is free of charge.
Goods that cannot be sent by mail will be picked up from you.
Obligations to reimburse payments must be fulfilled within 30 days. This period starts for you when you send your notice of cancellation or the goods. It starts for us upon their receipt.
The right of cancellation does not apply to those goods that are listed in § 312 d, Para. 4 of the German Civil Code. These include:
- Deliveries of goods that were produced to customer specifications or were uniquely tailored to the customer’s personal requirements or which, due to their condition, are unsuitable for return or may quickly spoil or if their expiry date has elapsed.
- Deliveries of audio and video recordings or software if the consumer has broken the seal on the data medium provided.
- End of the cancellation policy
§ 9 Warranty
1. The goods supplied may differ slightly from the goods shown on the Internet. See § 2 no. 1 clause 2 of these General Business Conditions for further details.
2. Consumers may decide whether the difference is to be remedied by reworking or replacement. The Vendor is entitled to refuse the selected method of remedy if it would be disproportionately expensive and the other method of remedy would not have considerable disadvantages for the consumer.
For entrepreneurs, the Vendor shall initially have the choice of whether to rework or replace defects in the goods.
3. If the remedy fails, the Customer may decide whether to demand a lowering of the remuneration (reduction) or rescission of the agreement (cancellation) and compensation. For minor defects, the Customer shall have no right of cancellation, with due regard to the interests of both parties. In place of compensation for the service, the Customer may demand compensation for wasted expenses as defined under § 284 of the German Civil Code that he has incurred by relying on receipt of the goods and might justifiably have incurred. If the Customer opts for compensation rather than the good, the limitations on liability set out in § 10 point 1 of these General Business Conditions apply.
4. Entrepreneurs must inform the Vendor of any obvious defects in the supplied goods within a period of two weeks of receipt of the goods; otherwise no warranty claims may be made. Timely consignment or notification is sufficient to meet the deadline. The entrepreneur shall be entirely responsible for providing evidence that all eligibility criteria are met, particularly for the actual defect, for the time at which the defect was identified and for the timeliness of the notice of defects. § 377 of the German Code of Commercial Law (HGB) applies to traders.
5. If the purchaser is an entrepreneur, only the manufacturer's product description shall be deemed to have been agreed as the condition of the goods. The manufacturer’s public statements, publicity materials or advertising do not represent a contractual description of the condition of the goods.
6. The warranty period for consumers is two years from delivery of the goods. By way of departure from this, the warranty period for entrepreneurs is one year from delivery of the goods. By way of departure from this, the warranty period for used items is one year from delivery of the goods. The one-year warranty period shall not apply if the Vendor can be accused of gross negligence or bad faith, nor in the event of death, injury or damage to health of the Customer for reasons attributable to the Vendor, nor in the event of a guarantee or recourse from a supplier as set out in § 478 and 479 of the German Civil Code This shall not affect the Vendor’s liability under the German Product Liability Act.
7. The Vendor gives the Customer no guarantees in the legal sense. This shall not affect any manufacturer’s guarantees.
§ 10 Limitation of liability
1. For minor breaches of duty due to negligence, the liability is limited to the average direct damage that is predictable for the type of goods and typical of the agreement. This shall also apply to minor breaches of duty due to negligence by the Vendor’s legal representatives or agents. The Vendor shall not be liable for minor breaches of non-essential contractual obligations due to negligence. On the other hand, he shall be liable for breaches of the Customer’s legal positions that are of the essence of the agreement. Legal positions that are of the essence of the agreement are those that are guaranteed to the Customer by the content and scope of the agreement. The Vendor shall also be liable for breaches of obligations that must be fulfilled for the agreement to be implemented correctly and for which the purchaser must be confident of fulfilment.
The above limitations of liability do not apply to claims the Customer might make arising from warranties and/or product liability. The limitations of liability also do not apply in respect of bad faith, breaches of obligations that are of the essence of the contract or to death, injury or damage to the Customer’s health that is attributable to the Vendor.
2. The Vendor shall only be liable for his own content on the website for his online shop. If links are used to allow access to other websites, the Vendor is not responsible for the third-party content on such websites. He does not accept the third-party content as his own. If the Vendor becomes aware of illegal content on external websites, he shall immediately bar access to such sites.
§ 11 Data protection
1. Customer data is saved and processed by the Vendor in accordance with the relevant provisions of the German Data Protection Act (BDSG) and Telemedia Act (TMG). Personal data is requested solely for the purposes of processing the order, unless the Customer wants additional services.
2. The Customer consents to allow his personal data to be collected, processed and used by the Vendor for the purposes of fulfilling the business objective.
3. The Vendor will not pass on any personal customer data to third parties. The only exception to this rule are service partners who require the transfer of data in order to fulfil the agreement. In such cases, the scope of the transferred data is limited to the minimum that is necessary.
4. The Customer is entitled to information and a right to correct, bar and delete his stored data. The Customer may have his data deleted at any time. He is also entitled to request information about the status of his stored data by sending an e-mail to: info@schleiftechnik.com. If such deletion infringes legal or contractual retention requirements, the data will be barred.
5. Of course, the Customer's personal data will be treated as confidential and, in particular, will not be passed on for the purposes of advertising, market research or opinion polls.
§ 12 Changes to the General Business Conditions
1. The Vendor reserves the right to change these General Business Conditions at any time, subject to a reasonable notification period of at least two weeks. The notification shall take the form of publication of the changed General Business Conditions on the Internet on the www.schleiftechnik.com website, specifying the time at which they will come into force.
2. If the Customer does not oppose the change within two weeks of publication, the changed business conditions shall be deemed to have been accepted. Special reference will be made to the importance of the two-week period in the notification of the change.
§ 13 Final provisions
The law of the Federal Republic of Germany applies. For consumers who do not conclude the agreement for occupational or commercial purposes, this choice of applicable law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the Customer normally resides.
The provisions of UN purchasing law shall not apply.
If the Customer is a merchant, a legal entity established under public law or a special fund established by public law, the place of jurisdiction for all disputes arising from this contract shall be the court with responsibility for the Vendor’s head office, unless another sole jurisdiction is specified. However, the Vendor is also entitled to institute proceedings against the Customer in the courts at the Customer’s place of residence or head office. This shall not affect the jurisdiction arising from an exclusive legal venue.