// General Terms
 

General standard terms and conditions

General Conditions of Sale and Delivery of Schill GmbH & Co. KG

1. Validity

These general conditions of sale and delivery are valid for all deliveries of new products from our assortment.

For purchases through our webshop, the following are valid:

  • The information and particulars relevant to the contract in the website and according to the online-order form filled out by the Client on the day of the order;
  • The information and particulars relevant to the contract, which were communicated to the Client pursuant § 312b – f Bürgerliches Gesetzbuch (BGB) (Civil Code) and the Information obligation VO pursuant BGB ,as well as
  • The following standard terms and conditions of business.

2. Contract commencement

2.1. After arrival of the order, the Client receives an order and delivery confirmation. The contract’s validity commences from this point on. If the delivery is executed without previous contract confirmation, the contract commences validity through receipt of the delivery by the Client .

2.2. For purchases in our webshop the following are valid:
Through the sending off of the filled out online order form, a binding order us initiated. The Client shall immediately receive a confirmation via E-Mail regarding the order and the deliverable item. The contract becomes valid via this confirmation.
The Client is requested to check his E-Mail-Box approx. 4 hours after having sent off the order and to either store or print out the information contained therein.

3. Products, prices

3.1. Our assortment is constantly being up-dated. We reserve the right to make changes in both the offline and Webshop offerings. If we are not able to deliver an ordered item, we have the right to deliver a replacement of equal value, quality and price.

All prices are to be fixed for the time the item leaves the warehouse The prices for appliances include the cost for usual packaging. If the buyer requests a special packaging, the additional costs shall be added to his invoice. All accrued taxes, customs, fees, import and export levies are assumed by the buyer.

The buyer assumes all transport cost and the transport risk from the point of the warehouse. For all deliveries made by us, a transport insurance policy will be commenced for the benefit of the buyer.

For any orders valued at less than 25 EURO, we will invoice an additional small quantity processing fee of 5 Euro.

3.2. For purchases in our webshop the following are valid:
The daily up-dated offer is respectively binding in our website at the price indicated next to the item.
The particulars regarding the represented products are no guarantee of possible characteristics.
The prices given are to be understood with VAT added. The Vat is always shown separately in the invoice.
Delivery costs are invoiced according to the directives of the particulars on the online-order form, or according to the contract confirmation.

3.3. 3. Possibly mentioned delivery deadlines are not binding.

3.4. 4. Partial deliveries are allowed. Only the delivered goods shall be included in the invoice.

3.5. 5. The prices stated by us are to be understood as copper-basis prices EURO 150,--/100 kg.
In addition, we add 1% delivery costs as well as the legal VAT. We consider to be authoritative for the calculation of the copper surcharge the DEL-Notiz from the day after the arrival of the order.

4. Payment, delay of payment

4.1. In case of delay of payment on the part of the Client, we have the right under provision of enforcement of a long-term violation, to calculate late payment interest amounting to 8% above the prime-rate and for consumers, interest amounting to 5% above the respective prime-rate of the European Central Bank.
A set-off payment on the part of the Client with our demands is only possible with undisputed or legally valid counter-demands.

4.2. For purchases in our webshop the following are also valid:
Payment of the final price shall ensue with inclusion of the pertinent data through a bank transfer or credit card transfer. The Client ensures the correctness of the bank and credit-card data given. 

5. Warranty, consumers' rights

We offer for the ordered wares a one year warranty from the date of delivery.
If the delivery of goods involves the purchase of new consumer goods, the warranty duration amounts to two years.
In the case of obvious defects, these are to be reported immediately after the receipt of the goods.
If the Client demands, pursuant § 439 BGB (Civil Code) replacement in the form of removal of said defects, we have the right, but are not obligated to send, bit by bit, against return of the objectionable goods defect-free goods. Furthermore, the legal claims of the buyer shall remain for unsuccessful replacement, particularly withdrawal from the contract or reduction of payment.
In the case of presentation and punctual execution of a power of revocation for the private Client (consumer) pursuant § 13 in representation with 355 of the (BGB) Civil Code, we shall assume the costs for the return of said wares pursuant. § 357 section 2 (BGB).

6. Liability

We are liable for the Client’s claims for compensation for damages pursuant § 280 BGB as well as for unauthorized dealings as follows:

  • a) The liability for personal damages is adjusted according to the legal provisions.
  • b) Liability for material damage is limited to EUR 250,000.00 per damage occurrence and to EUR 500.000,-- total.
  • c) Liability for damage to assets is not possible.

7. Damages during transport

Transport damages shall only then be compensated in the context of our transport insurance, if the damages are reported immediately after delivery of the goods either to us or to the dispatcher, or for hidden damages, if the damages are reported in writing after discovery of the damages.

8. Retention of ownership

Until the time of complete payment for all our accounts receivables for these settled contracts vis-à-vis the Client, the delivered goods remain our property.
These goods may neither be pledged by the Client to third parties, nor transferred as a security before complete payment of our demands have been made.
Infringement by third parties upon our property rights, such as in the process of insolvency procedure, shall be communicated to us immediately in written form.

9. Final provisions

If individual or aforementioned provisions become invalid, the remaining provisions remain valid. Invalid provisions are to be replaced with valid provisions, which approach the meaning and purpose of the contract as closely as possible.

In the context of this agreement, exclusively German law shall be applied. Application of the UN Purchasing Law is not possible.

As far as it is legally permissible, the place of performance and jurisdiction shall be set at the Local Court of Waiblingen, or the Regional Court of Stuttgart. 

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Schill GmbH & Co. KG | Bruckstr. 44 | D-70734 Fellbach | Tel. +49 711/578807-0 | Fax -44
REALIZATION: REINHARDT ADVERTISTING & MEDIA
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