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Conditions of Use
General Terms and Conditions
§ 1 Scope
(1) The following general terms and conditions (GTC) in their valid version at the time of the order apply exclusively for business relationships between Eckhardt Schäfer Industrievertretungen, Greifswalderstr. 27, 99085 Erfurt, Germany and the buyer. Any differing regulations are only valid when they have been confirmed by us in writing. This also applies when contractual partners submit or accept quotations, stating that their own terms and conditions take precedence.
(2) Deliveries are possible within the European Union.
§ 2 Conclusion of Contract
(1) Your order represents a binding offer to complete a sales agreement. The order may however only be submitted and transmitted if you have previously accepted these contract conditions by clicking on the button “Agree to GTC” and have thereby incorporated. These GTCs can always be read via your browser, printed out or saved on your computer.
(2) When you place an order, we will immediately send you an e-mail confirming the receipt of the order. This confirmation does not constitute acceptance of your offer. The confirmation informs you that your order has arrived.
(3) We are entitled to accept your offer within 3 working days. A purchase order does not come about unless and until we expressly confirm such acceptance in a further e-mail. No purchase agreement results for products listed in one and the same order which have not been included in the confirmation.
(4) You must ensure that the email address you provided is accessible and that receipt of email messages is not impeded by forwarding, closure of the account or an overfilled mailbox.
§ 3 Right of Revocation and Legal Consequences
Right of Revocation
You may withdraw your contract without giving reasons within two weeks in writing (e.g. letter, fax, email) or – if the item is provided before the period expires – by returning the unused goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver and also not meeting our information requirements pursuant to Section 312c para. 2 of the German Civil Code (BGB) in conjunction with Section 1 para. 1, 2 and 4 BGB InfoV as well as our obligations under Section 312e para. 1 sentence 1 BGB in conjunction with Section 3 BGB InfoV. The cancellation period is observed by timely sending the cancellation notice or dispatching the goods. The cancellation is to be addressed to:
Eckerhardt Schäfer Industrievertretungen Greifswalderstr. 27, 99085 Erfurt, Germany
In the case of an effective revocation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e.g. interests) shall be released. If you fail to return to us the service received in whole or in part, or return it in a deteriorated condition only, you might be obliged to render compensation for value to us. In the case of items provided for use, this does not apply if the deterioration in the item is exclusively due to its being inspected, as may be done in a shop. Has the merchandise been damaged through conventional usage, you do not have to pay compensation. Any merchandise eligible for shipping will be returned at our risk. You shall bear the costs of the return shipment if the goods delivered are as ordered and the value of the returned product does not exceed € 40,- or if in case of a higher value of the product you have at the time of the revocation not performed the return service or the agreed partial payment. Otherwise the return is free of charge. Goods not suitable for delivery by parcel will be picked up. You must satisfy obligations to reimburse payments within 30 days. The period begins with the transmission of your statement or revocation of things, for us with their reception.
End of the information about rights of revocation
§ 4 Prices and delivery and shipping costs
(1) All prices stated in the framework of the online shop include applicable value added tax as required by law and apply ex sales branch Greifswalder Str. 6, 99085 Erfurt, Germany. All prices shall be quoted in Euros.
(2) If not otherwise agreed upon, all prices do not include packaging, transport, postage and insurance. Additional expenses become due for the shipping and delivering of the ordered goods; you will be explicitly notified of the corresponding amount. Delivery and shipping costs are charged per order. In case your order contains more than one delivery address, delivery and shipping costs apply for each delivery address.
§ 5 Payment
(1) The goods shall be paid for in advance. Please transfer the full amount, specifying the intended use and your full name, within seven days after our acceptance of your offer.
(2) If your payments are overdue, we reserve the right to charge overdue fines amounting to € 5,- for the first reminder and € 8,- for every following reminder.
§ 6 Delivery and shipping conditions
(1) Items will be delivered only after payment has been received in full (including shipping and delivery costs).
(2) If not otherwise agreed upon, the delivery will be sent to the delivery address you indicated. Deliveries are made within the European Union. Information on delivery dates are not binding, unless the delivery date has been exceptionally agreed as binding.
(3) Partial deliveries are permissible as far as you can be reasonably expected to accept them. Delivery and shipping costs are also charged per order only.
(4) We are entitled to withdraw from the agreement if, through no fault of our own, we are unable to deliver the item ordered due to a supplier not performing his contractual duties. In this event, you will be informed immediately of any unavailability of any goods. We will reimburse any payment made in advance. The statutory right to which you are entitled shall remain unaffected thereby.
§ 7 Offsetting, Retention
(1) You only have the right to an off-set when your counterclaims have been deemed legally valid or are undisputed.
(2) You may only exercise your right of retention when your claim refers to the same related agreement.
§ 8 Liability for defects
(1) Technical data, images and product descriptions serve for the presentation of the items. The used images of the items are sample images. The images do not necessarily portray the relevant article in every case true to life, but rather serve to illustrate. According to the used display, colors and sizes can vary. The presentation of the single articles on the website serves to describe the articles, but cannot be taken as a warranty with regard to the properties or durability of the articles. Third-party guarantee statements, in particular manufacturer warranties, remain unaffected hereby.
(2) In accordance with statutory requirements, you only have an initial and principal claim to follow-up performance in the event of defects in the delivered product. You have the choice as to whether the subsequent performance should occur by means of improvement or by providing a replacement. However, we remain entitled to refuse the chosen subsequent performance if such performance can only be rendered at unreasonable expense and the other way of subsequent performance is still available without any substantial disadvantage.
(3) If the subsequent performance has been carried out by a compensation delivery, you are obliged to return the previously delivered products within 30 days at our expenses. The return of the defective goods has to be done according to legal regulation. We reserve the right to claim damages according to legal regulation.
(4) Failed subsequent performance allows you to choose according to legal regulations to reduce the payment (reduction) or in case of serious defects you may cancel the contract (withdrawal), additionally claim compensation and/or compensation for major expenditures.
If you choose to claim damages or compensation for major expenditures, the liability limitations specified in § 10 of our GTCs will apply.
§ 9 Liability
(1) In accordance with statutory provisions, we shall be liable without restriction for damages resulting from the destruction of life, personal injury or health damages that are based on an intentional or negligent breach by ourselves, our legal representatives or vicarious agents as well as for any other damages that are based on an intentional or grossly negligent breach as well as fraudulent intent by ourselves, or our legal representatives or vicarious agents.
We shall moreover bear unrestricted liability for damages covered under liability in accordance with mandatory statutes under law, such as product liability law.
(2) For damages as a result of simple negligence we are only liable insofar as the violation concerns such contractual obligations whose compliance is of particular importance for the attainment of the contract purpose. In this case however, liability shall be limited to the foreseeable, contractual typical and direct damages.
(3) In case of slightly negligent violations of minor contractual obligations, liability shall be limited to the foreseeable, contractual typical and direct damages.
(4) A further liability shall be excluded hereby, without regard to the legal nature of the asserted claim.
§ 10 Data Protection
You expressly acknowledge that Eckerhardt Schäfer Industrievertretungen is entitled to store any data relating to the order and to process and use these data for the purposes of our business, in accordance with the statutory provisions. Please see our data protection policy for further information.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany applies.
(2) The provisions of the convention of the United Nations concerning contracts for the international sale of goods (CISG) do not apply.
(3) Any provisions in the contract including these terms and conditions that are or become invalid in whole or in part or that contain a gap shall have no effect on the validity of the remaining provisions.
In these cases, the parties agree to replace the partially or fully invalid clause by a valid clause that comes close to the economic objective of the invalid one.
(End of GTCs)