GTC
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1)
The following business terms are applicable to all the contracts, which
you conclude with us as a supplier (Harald Günther) via the
www.steindrucker.com website. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2)
A ‘consumer' in the sense of the following regulations is every natural
person who concludes a legal transaction which, to an overwhelming
extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman' refers to every natural
person, legal person or legally responsible partnership that concludes a
legal transaction in pursuance of his/its independent professional or
commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2)
As soon as you place the respective product on our website, we shall
submit to you a binding offer to conclude a contract via the online
shopping cart system under the conditions specified in the item
description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The
products intended for purchase are moved to the "shopping cart". You
can select the shopping cart using the appropriate buttons on the
navigation bar and make changes there at any time.
After accessing
the "Checkout" page and entering your personal data as well as the
payment and shipping conditions, you are finally shown the order data
again as an order overview.
If you use an instant payment system
(e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as
your payment method, you will either be taken to the order overview page
in our online shop or forwarded to the website of the provider of the
instant payment system.
If you are forwarded to the relevant instant
payment system, choose and/or enter your data as appropriate. Finally,
on the website of the provider of the instant payment system or, after
you have been directed back to our online shop, the order data will be
displayed as an order overview.
Before submitting the order, you have
the option once more to review or change (you may also use the "Back"
button on your web browser) any information on the order summary page,
or to cancel the purchase.
By sending the order via the corresponding
button ("order with obligation to pay", "buy" / "buy now", "order with
obligation to pay", "pay" / "pay now" or similar designation) you
declare the legally binding acceptance of the offer, whereby the
contract is concluded.
(4) You are not bound by your enquiries
regarding the creation of an offer that have been conveyed to us. We
supply you with a textual and binding offer (e.g. via e-mail), which you
can accept within a period of 5 days.
(5) The execution of the
order and the sending of all the details necessitated by the conclusion
of the contract take place via e-mail, in a partially-automated manner.
Consequently, you have to ensure that the e-mail address that you have
deposited with us is the correct one, and that the receipt of the
respective e-mails is guaranteed. In particular, you have to ensure that
the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1)
You provide us with the appropriate information, text or data necessary
to customise the goods via the online ordering system or via E-mail
without undue delay after concluding the contract. Any potential
specifications that we may issue regarding file formats are to be borne
in mind.
(2) You are obligated to ensure that you do not transfer
data whose contents violate the rights of external parties (especially
copyrights, rights to names and trademark rights) or break existing
laws. You explicitly free us from any and all claims related to this
matter that may be raised by external parties. This also applies to the
costs associated with any legal representation that may become necessary
in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
§ 4 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If
you select a payment method offered via "PayPal" / "PayPal Checkout",
the payment will be processed via the payment service provider PayPal
(Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449,
Luxembourg; "PayPal"). The individual payment methods via "PayPal" will
be displayed to you under a correspondingly designated button on our
Internet presence as well as in the online ordering process. "PayPal"
may use other payment services for payment processing; if special
payment conditions apply, you will be informed of these separately. You
can find more information on "PayPal" at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
(https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
§ 5 Right of retention, reservation of proprietary rights
(1)
You can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2)
As a consumer, you are requested to promptly check the product for
completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
(3) If a
characteristic of the goods deviates from the objective requirements,
the deviation shall only be deemed to be agreed if you were informed of
the same by us before submitting the contractual declaration and the
deviation was expressly and separately agreed between the contracting
parties.
§ 7 Choice of law
(1) German law shall apply.
This choice of law only applies to customers if it does not result in
the revocation of the protection guaranteed by the mandatory provisions
of the law of the country in which the respective customer's usual place
of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Harald Günther
Pfaffnherdstr. 59
90559 Burgthann
Germany
Telephone: 091887769988
E-Mail: info@steindrucker.com
Alternative dispute resolution:
The
European Commission provides a platform for the out-of-court resolution
of disputes (ODR platform), which can be viewed under
https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing and not obligated to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The
technical steps associated with the conclusion of the contract, the
contract conclusion itself and the correction options are executed in
accordance to the regulations "conclusion of the contract" in our
standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2
The complete text of the contract is not saved with us. Before the
order is sent, via the online - shopping cart system the contract data
can be printed out or electronically saved using the browser's print
function. After the order is received by us, the order data, the
legally-mandated details related to distance selling contracts and the
standard business terms are re-sent to you via e-mail.
3.3 You
will be sent all contractual information within the framework of a
binding offer in written form, via E-mail for example, for quotation
requests outside of the online shopping basket system, which can be
printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1
The prices mentioned in the respective offers represent total prices,
as do the shipping costs. They include all the price components,
including all the incidental taxes.
5.2 The dispatch costs that
are incurred are not included in the purchase price. They can be viewed
by clicking the appropriate button on our website or in the respective
quote, are shown separately over the course of the order transaction and
must additionally be borne by you, insofar as free delivery is not
confirmed.
5.3 If delivery is made to countries outside of the
European Union, we may incur unreasonable additional costs, such as
duties, taxes or money transfer fees (transfer or foreign exchange fees
charged by the banks), which you must bear.
5.4 You must also
bear the costs arising from money transfers in cases in which the
delivery is made to an EU Member State, but the payment is initiated
outside of the European Union.
5.5 The payment methods that are
available to you are shown by clicking the appropriate button on our
website or are disclosed in the respective quote.
5.6 Unless
otherwise specified for the respective payment methods, the payment
claims arising from the contract that has been concluded become payable
immediately.
6. Delivery conditions
6.1 The delivery
conditions, delivery date and existing supply restrictions, if
applicable, can be found by clicking the appropriate button on our
website or in the respective quote.
6.2 If you are a consumer,
the following is statutorily regulated: The risk of the sold item
accidentally being destroyed or degraded during shipping only passes
over to you when the item in question is delivered, regardless of
whether or not the shipping operation is insured. This condition does
not apply if you have independently commissioned a transport company
that has not been specified by us or a person who has otherwise been
appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).
These
SBTs and customer details were created by the lawyers specialising in
IT law who work for the Händlerbund, and are constantly checked for
legal conformity. Händlerbund Management AG guarantees the legal
security of the texts and assumes liability in case warnings are issued.
More detailed information can be found on the following website:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
(https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 29.11.2022