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 or seller.
§ 1 General, Definitions
1) The seller particularly offers tools via the online shop on the website www.schleiftechnik.com. The following terms and conditions (GTC) apply to sales contracts between the seller and the customer in their version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur i. P. D. Terms and conditions are natural or legal persons or legal partnerships that act in the course of the legal transaction in the exercise of their commercial or independent professional activity. Customer i. P. D. Business conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary terms and conditions do not become part of the contract, unless their validity is expressly agreed.
§ 2 Conclusion of the agreement
(1) The presentation of the goods on the website of the seller does not constitute an offer in the legal sense, but merely a request to the customer to make an offer in the legal sense. The ordered goods may differ slightly from the goods shown on the Internet due to the technical presentation possibilities within the scope of the reasonable, in particular, this may lead to color deviations, as far as this is reasonable.
(2) The order can be made by the customer via the seller's website, by e-mail, by fax or in writing. The customer's order represents a binding offer to conclude a purchase contract for the ordered goods / s.
(3) The seller will confirm the receipt of the customer's order immediately by fax or e-mail.
a) The purchase contract comes with payment in advance / bank transfer or cash on delivery not already with this order confirmation, but only with sending a separate e-mail with an order confirmation or delivery of the goods. The seller is entitled to pay in advance / bank transfer or cash on delivery, the contract offer in the order to accept within 2 working days. An assumption is the same if the seller delivers the ordered goods within this period.
b) If payment is made by PayPal, credit card (Diners Club International, American Express, Master Card, Visa, Maestro, processed by SIX Payment Services AG), Amazon Payment is concluded with the payment order by the customer. The condition for an effective conclusion of the contract is always that the order process is completed when the order is placed.
(4) The conclusion of the contract is subject to the proviso, in the case of improper self-supply, not to afford. This applies only in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a specific hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. Otherwise, the consideration will be refunded immediately. In case of unavailability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods by electronic means, the contract text will be stored by the seller and sent to the customer along with the legally valid terms and conditions by e-mail after conclusion of the contract.
§ 3 Retention of title
(1) For consumers, the seller reserves ownership of the goods until full payment of the purchase price. For entrepreneurs, the seller reserves ownership of the goods until full settlement of all claims from an ongoing business relationship.
(2) In case of breach of contract by the customer, in particular default of payment, false information from the customer about his creditworthiness or if an application for opening insolvency proceedings is made, the seller - if necessary after setting a deadline - entitled to withdraw from the contract and the goods out if the customer has not or not yet provided the consideration in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to the seller all claims i. H. d. Invoice amount accruing to him from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim itself as soon as the entrepreneur fails to meet his payment obligations properly and is in default of payment.
(4) The seller undertakes to release the securities to which he is entitled on request of the customer to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller.
§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price includes the VAT. The additional shipping costs incurred during shipping are included in the shipping costs overview. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price by e-mail or invoice within 14 days of receiving the order confirmation. After the deadline, the customer is in default of payment. The consumer has the debt during the delay i. H. v. Interest rate of 5 percentage points above the base rate. The entrepreneur has the debt during the delay i. H. v. Interest rate of 9 percentage points above the base rate. In addition, the entrepreneur owes a flat-rate payment in the amount of 40 euros in case of default with a payment claim. This also applies if the entrepreneur is in arrears with an installment or other installment payment. With respect to the entrepreneur, the seller reserves the right to assert a higher damage caused by default. The lump sum pursuant to sentence 5 shall be credited against a claim for damages owed, insofar as the damage is justified in the costs of prosecution.
(3) The customer has the right to offset only if his counterclaims have been legally established, recognized or not disputed by the seller. The right of the buyer to offset with contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The customer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
§ 5 payment options
(1) The customers can pay the purchase price in advance / bank transfer, credit card (Diners Club International, American Express, MasterCard, Visa, Maestro, processed by SIX Payment Services AG), PayPal, Amazon Payment or cash on delivery.
(4) When paying by Amazon Payment, the customer must log in with his Amazon customer data. The terms and conditions of Amazon Pay apply. Your account will be charged on the day the goods are shipped.
(5) When paying by cash on delivery, the customer pays directly to the shipping company. This payment method is only available for deliveries within Germany.
§ 6 shipping
(1) The seller delivers exclusively in the countries indicated in the shipping cost overview.
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The beginning of the delivery period is determined (depending on the chosen payment method) according to para. 3 to 5.
(3) When paying in advance / bank transfer, PayPal, credit card or Amazon Payment begins the delivery one day after the payment order. For all other payment methods, the period begins one day after the order.
(5) If the beginning of the period or the end of the period falls on a Saturday, Sunday or public holiday, the start of the period or the end of the period shall be postponed to the following working day.
(6) With regard to the reservation of proper self-delivery, the seller refers to § 2 Abs. 4 of these terms and conditions.
(7) The seller is entitled to partial delivery, as far as a partial delivery is to be expected, taking into account his interests to the customer. This has no influence on the content of the contract, in particular on the performance owed by the seller or on the agreed performance time. The customer does not incur additional costs due to the partial delivery.
§ 7 Transfer of risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the consumer during the sale of the goods when the goods are handed over.
(2) For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods with the handover, on sale with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment to the entrepreneur.
(3) The transfer is the same if the customer is in default with the acceptance.
§ 8 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 8, 9 of these GTC.
(2) Ordered goods may, to the extent reasonable, deviate slightly from the goods shown on the Internet. It is referred to § 2 Abs. 1 of these Terms.
(3) Consumers have the choice of whether they require supplementary performance through repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen, if it is possible only with disproportionate costs and the other type of subsequent performance without significant disadvantages for the consumer remains. In the case of companies, the seller initially warrants for defects in the goods at his discretion by repair or replacement.
(4) If the supplementary performance fails, the customer may in principle demand, at his discretion, a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal); In addition, the customer may claim damages instead of performance. In the case of insignificant defects, the customer has no right of withdrawal, taking into account the interests of both parties. Instead of damages instead of performance, the customer may demand the reimbursement of futile expenditures in the context of § 284 BGB, which he made trusting in the receipt of the goods and could reasonably do. If the customer chooses damages instead of performance, the limitations of liability according to § 9 paragraph 1 of these terms and conditions apply.
(5) Entrepreneurs must notify the seller of apparent defects in the delivered goods within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. To meet the deadline, the timely dispatch or notification is sufficient. For merchants is § 377 HGB.
(6) If the customer is an entrepreneur, the condition of the goods is basically only the product description of the seller as agreed. Public statements, advertising or advertising of the manufacturer do not constitute a contractual condition of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period does not apply if the seller is guilty of gross negligence, nor in the case of the body and health damage attributable to the seller and loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with § 478 BGB. The liability of the seller under the Product Liability Act remains unaffected.
(8) By way of derogation from paragraph 7, the regular period of limitation applies if the seller has fraudulently concealed a defect.
(9) The seller does not give any guarantees to the customer in the legal sense, unless expressly agreed otherwise. Manufacturer's warranties remain unaffected.
§ 9 Limitation of Liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The seller is not liable for slightly negligent breach of minor contractual obligations. In contrast, he is liable for the violation of contractual legal positions of the customer. Contractual legal positions are those which the contract has to grant to the customer according to the contractual content and purpose. The seller is also liable for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the customer may rely.
(2) The above limitations of liability do not apply to claims of the customer arising from warranties and / or product liability. Furthermore, the limitations of liability shall not apply to fraudulent intent, breach of essential contractual obligations, bodily injury or damage to health attributable to the seller or loss of life of the customer.
(3) The seller is only liable for own content on the website of his online shop. Insofar as links to other websites make it possible, the seller is not responsible for the foreign content contained therein. He makes the strange contents not own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§ 10 Final Provisions, Dispute Resolution
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Sales Convention do not apply. §§ 1910, 35 TDSG remains unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court having jurisdiction at the registered office of the seller, unless an exclusive place of jurisdiction exists. However, the seller is also entitled to sue the merchant at his place of residence or business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched.
(3) We are obliged to inform you that a suitable online platform is available with regard to the so-called online dispute resolution by the European Commission. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our e-mail address. This is: email@example.com.
We are neither willing nor obliged to participate in dispute settlement proceedings before any consumer arbitration board.