General Terms and Conditions
These terms and conditions shall apply to all contracts concluded between Schleich GmbH, Am Limes 69, D-73527 Schwäbisch Gmünd (hereinafter referred to as the "Supplier" or "we") and our Customers (hereinafter referred to as the "Customer" or "you") by means of distance communication (e.g. via the Internet or by telephone) in our online shop. For contracts which we conclude in our offline shop (retail store), the relevant conditions shall apply.
§ 1 Scope, definitions
(1) The business relationship between the Supplier and the Customer is governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of ordering. Deviating conditions and contractual offers of the Customer are hereby opposed.
(2) The Customer is a consumer in so far as the purpose of the delivery and/or performance cannot be attributed to his/her commercial or independent professional activity. By contrast, commercial entities shall include any natural person or legal entity or incorporated partnership, acting in the exercise of its commercial or independent professional activity when the contract is concluded.
§ 2 Conclusion of contract
(1) The Customer may select products from our range and place them in a so-called shopping cart, by means of the “Place in the shopping cart” button. The Customer places a binding order to purchase the goods in the shopping cart by means of the “Buy now” button.
(2) Before submitting the order, the Customer may change, access and correct the data entered by him/her at any time. However, the Customer's order can only be submitted and transmitted once the Customer has accepted these General Terms and Conditions in the course of the order process, thereby confirming same for his/her order.
(3) The Supplier shall then send the Customer an automatic confirmation of receipt by e-mail in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Supplier and does not constitute acceptance of the order.
The contract is only concluded when we send notice of acceptance in a separate e-mail. An invoice may be issued to the Customer for the goods ordered by the Customer in lieu of the notice of acceptance. In lieu of the notice of acceptance, we may also execute the order within 5 days of receiving the order. In the event of several of the aforementioned acceptance options applying, the contract shall be deemed concluded once the first thereof occurs. In any case, the Customer shall receive a written confirmation of contract in accordance with the legal requirements.
If the Customer has not received notice of acceptance, an invoice, notification of delivery or the goods within 5 days, he/she is no longer bound to his/her order. In this case, payments already made shall be refunded by us to the Customer immediately.
(4) The subject of the delivery or performance are the goods and/or services offered by us and ordered by the Customer. Unless explicitly stated otherwise in the respective offer, the specifications and prices shall refer to the respective offered articles, but not to any accessories or decorations depicted in pictures.
(5) We shall be entitled to withdraw from the contract in the event that we are unable to deliver the ordered goods at no fault of our own and despite all reasonable efforts, because our supplier failed to fulfil its contractual obligations towards us. However, this right of withdrawal exists only if we conclude a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we shall immediately inform the Customer that the ordered goods are not available. Payments already made by the Customer will be refunded immediately.
(6) The contract language is German.
(7) The order processing and communication within the framework of the contract implementation are normally by e-mail. The Customer must therefore ensure that the e-mail address specified by him/her for order processing is correct and that none of the Customer’s settings or filter functions prevent the receipt of the contract-related e-mails.
(8) If a delivery time is stated in our offers, this delivery time and the information given in the calculation of the delivery time shall prevail. Where no or a different delivery time is specified in our online shop, the delivery time shall be 7 days. In the case of payment in advance, this delivery deadline shall commence on the day after the payment order has been issued to the transferring credit institution, or in the case of other forms of payment, the day after the contract is concluded and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a national public holiday at the place of delivery, such a day shall be replaced by the next working day.
§ 3 Reservation of title
The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that the Customer is a corporate body or special fund under public law, or an entrepreneur performing his/her commercial or independent professional activity, even beyond the current business relationship until all claims due to us therefrom have been settled.
§ 4 Prices and delivery costs
(1) Our prices are quoted inclusive of the currently valid value added tax and plus shipping costs.
(2) The Customer shall be informed of the corresponding shipping costs before conclusion of the contract and shall be borne by the Customer, provided that no free delivery has been agreed.
§ 5 Payment
(1) The Customer may effect payment using the payment methods specified in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless provided otherwise in the payment method agreed.
(3) The Customer must ensure that their account contains sufficient funds. In the event of charge backs caused by insufficient funds, the Customer shall reimburse any resulting damage.
(4) The Customer's obligation to pay interest on arrears does not exclude the assertion of further damages for default.
(5) The Customer shall only be entitled to a right to offset if his/her counterclaims have been recognised by us or have been upheld pursuant to a final and absolute court decision, or if the counterclaims arise from the same contractual relationship. The Customer shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
(1) According to the law, the risk of accidental loss and accidental deterioration of the object of purchase shall, in the case of consumers, only pass to the Customer upon delivery of the goods to the Customer.
(2) The following applies only if the Customer acts as an entrepreneur: Delivery is ex warehouse The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer at the latest upon handover. However, in the event of mail order purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes on delivery of the goods to the forwarder, carrier or any other person or institution instructed to perform the delivery.
(3) If the Customer is in default of acceptance, fails to honour its duty to cooperate, or if our delivery is delayed for other reasons for which the Customer is responsible, we shall be entitled to demand compensation of any resulting damage, including any additional expenses incurred (e.g. storage and transport costs)
§ 7 Liability for defects and guarantee
(1) Warranty claims relating to used items delivered by us become statute barred one year after delivery to the Customer. In the case of entrepreneurs, the period of limitation for warranty claims relating to items supplied by us is 1 year. The period of limitation does not begin again if a replacement delivery takes place within the scope of the liability for defects. We are liable for material defects according to the applicable legal requirements, especially Sections 434 et seqq. BGB (German Civil Code).
(2) Our liability pursuant to § 8 of these General Terms and Conditions, in particular for claims for damages by the Customer resulting from injury to life, body or health, or from the breach of material contractual obligations (see § 8 below), for damages under the German Product Liability Act, as well as for any guarantees assumed, shall remain unaffected by the restrictions set out in paragraph 1 above. The statutory periods of limitation for the right of recourse pursuant to Section 478 BGB (German Civil Code) for entrepreneurs and our liability in cases of fraudulent concealment of a defect shall likewise remain unaffected.
(3) Warranty claims by merchants require that they comply with their statutory duties to inspect and give notice of defects (Sections 377, 381 German Commercial Code, HGB).
(4) A guarantee of quality or durability (Section 443 BGB) on our part shall only apply to the goods delivered by us if this has been expressly offered and agreed by us. This shall not affect any manufacturer's warranties.
(5) Any complaints and warranty claims may be submitted to the address provided in the Supplier information.
§ 8 Liability
(1) Claims for damages on the part of the Customer are excluded. This excludes any claims for damages on the part of the Customer resulting from injury to life, body or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty on the part of the Supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract as well as those on which the Customer may regularly rely as a contracting party. In the event of a breach of material contractual obligations, the Supplier is only liable for the foreseeable damage that is typical for the contract, if caused by simple negligence, unless the Customer is claiming damages as a result of injury to life, body or health.
(2) The restrictions of paragraph 1 above shall also apply to the legal representatives and vicarious agents of the Supplier, if claims are asserted directly against them. The same shall apply mutatis mutandis to claims for reimbursement of expenses.
(3) The provisions of the German Product Liability Act as well as our liability for any warranties assumed shall remain unaffected.
§ 9 Right of revocation
Consumers are entitled to a statutory right of revocation. They shall be notified separately in writing of their right of revocation according to legal requirements.
§ 10 Text of the contract
The text of the contract is not saved by us and can no longer be retrieved after completion of the ordering process The Customer can print out these Terms and Conditions and the order data before submitting his order and shall receive a confirmation of contract in accordance with the legal requirements.
§ 11 Extrajudicial dispute settlement/consumer arbitration
(1) ZThe European Union has set up an online platform (“OS platform”) for the out-of-court settlement of consumer disputes. The OS platform is intended as an initial point of contact for out-of-court settlement of disputes involving contractual obligations arising from online purchase contracts. You can find the platform at http://ec.europa.eu/consumers/odr.
(2) We are, in principle, neither willing and nor required to participate in dispute settlement proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers only to the extent that the consumer is not thereby deprived of the protection afforded by mandatory provisions of the law of the country in which the consumer has his/her habitual place of residence.
(2) If the Customer is a merchant, corporate body or special fund under public law, or if the Customer does not have a general jurisdiction within the Federal Republic of Germany, the legal venue for all disputes resulting from contractual relationships between the Customer and Supplier shall be the registered office of the Supplier.
(3) If any individual provisions of these General Terms and Conditions prove invalid, this shall not affect the validity of the remaining provisions thereof. The invalid provisions shall be replaced by the statutory provisions, where such exist. To the extent that this would constitute an undue hardship for a contracting party, the contract shall become invalid in its entirety.
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Last updated: 25.01.2017