General Terms and Conditions of Schmidbauer GmbH & Co. KG - Online Shop
1. Scope, General and Conclusion of Contract
- 1.1. The following General Terms and Conditions (GTC) apply to all services provided by Schmidbauer GmbH & Co. KG (hereinafter referred to as "SCHMIDBAUER") in the context of deliveries from the online shop offer.
- 1.2. The sales contract is concluded when SCHMIDBAUER accepts your order by delivering the goods or by sending an order confirmation in text form.
2. Prices and terms of payment
- 2.1 The list prices at the time of the order apply to the delivery. All prices of SCHMIDBAUER include the statutory value added tax and do not include shipping costs. The shipping costs per domestic delivery address amount to a flat rate of Euro 5.90 including VAT. From an order value of Euro 250.00, shipping is free of charge. The costs for shipments abroad have to be requested separately from SCHMIDBAUER.
- 2.2. Payment will be made exclusively by cash in advance. For this purpose, you will receive details of the exact payment amount and our bank details in text form with the order confirmation. Your order will only be processed after receipt of payment. If payment has not been received 14 days after placing the order, your order will be cancelled.
3. Delivery, dispatch, transfer of risk and delivery period
- 3.1 We will endeavour to deliver the ordered goods within 14 days after receipt of payment. Partial deliveries by SCHMIDBAUER are permissible as far as this is reasonable for the buyer. This will not result in higher shipping costs for the buyer.
- 3.2 SCHMIDBAUER may determine the mode of shipment, the shipping route and the shipping company at its own discretion, unless the buyer gives explicit instructions.
- 3.3 In case of a purchase of consumer goods, the risk will pass to the buyer as soon as the shipment with the delivery items is handed over to the buyer by the carrier. If the transport packaging and the items contained therein show obvious damage upon handover of the goods, the buyer must notify SCHMIDBAUER in text form within five working days. Otherwise, claims of the buyer regarding the damage may be rejected in consideration of good faith.
4. Right of withdrawal for distance contract
- 4.1 The consumer within the meaning of § 13 BGB (German Civil Code) has a right of revocation in the case of distance contracts. In accordance with the Distance Selling Act, he has the possibility to revoke the contract within two weeks without giving reasons. The period begins at the earliest with the receipt of the goods as well as a cancellation instruction to be communicated separately in text form. The revocation can be made in text form (e.g. letter, fax, e-mail) or by returning the goods; timely dispatch to: Schmidbauer GmbH & Co. KG, Schmidbauer Online-Shop, Seeholzenstr. 1, 82166 Gräfelfing; Fax: +49 (0)89 85 11 24; E-Mail: shop(at)schmidbauer-gruppe.de
- 4.2 In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. Goods that can be sent by parcel post are to be returned by the customer; goods that cannot be sent by parcel post will be collected from the customer. In any case, the return shipment will be at the risk of SCHMIDBAUER. The consumer has to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of Euro 40.00 or if, in case of a higher price of the goods, the consumer has not yet paid the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment shall be free of charge for the consumer. We can demand compensation for use for the transfer of use or the use of the goods up to the time of your revocation. The reduction in value caused by the intended use is to be compensated by the buyer, provided that the possibility existed, if and as well as the deterioration is exclusively due to the examination of the item.
5. data protection
- SCHMIDBAUER is entitled to process all data concerning business relations with the buyer in accordance with the Federal Data Protection Act.
6. place of jurisdiction, partial invalidity and applicable la
- 6.1 In business transactions with merchants and legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract shall be Munich. The right to sue at the buyer's place of business remains unaffected.
- 6.2 In the event that individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.
- 6.3 German law shall apply to the exclusion of the EU (UN) Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the EU, the law of the consumer's place of residence may also be applicable, provided that it is a matter of mandatory consumer law provisions.
Schmidbauer GmbH & Co. KG, Seeholzenstr. 1, 82166 Gräfelfing, Germany
represented by Schmidbauer General Partner GmbH
represented by the managing directors Werner Schmidbauer (chairman), Dieter Moser and Stefan Schmidbauer
Local Court Munich HRA 40107;
HRB 158284 (Schmidbauer General Partner GmbH)