AGB Englisch

General terms and conditions of the Schiesser AG - Online Shop
(State June 2014)

§ 1
Applicability

  1. 1. For the business relations between the SCHIESSER AG (hereinafter referred to as SCHIESSER) and the customer of the Online Shops, the following terms and conditions in effect at the time the purchaser placed its order as follows shall apply exclusively. Deviating business terms and/or other conditions of the customer are herewith expressly objected to regardless of their denomination, unless SCHIESSER explicitly agrees to their validity in writing.

     

  2. 2. The range of goods offered in the Online Shop is intended only for consumers habitually resident in the within the territory of the Federal Republic of Germany, the Republic of Austria, the Kingdom of the Netherlands, the Kingdom of Belgium or the Grand-Duchy of Luxembourg and can give a delivery address in one of the above stated countries. A consumer is every natural person who enters into a legal transaction for a purpose that does not involve acting within the framework of a commercial or other independent professional activity.

 

§ 2
Conclusion of contract

  1. 1. The webpages in the Online shop of SCHIESSER are just a sales brochure ("Online Catalogue"). The presentation of the products in the Online Shop is only an invitation to you to submit an offer (order).

  2. 2. The purpose of the order confirmation sent by us to you per e-mail is to inform you that we have received your order. No contract of purchase is concluded by the submission of the order confirmation.

  3. 3. The contract of purchase comes into force upon shipment of our goods. You will be informed about the shipment by separate e-mail.

§ 3
Ordering process

The ordering process in our Online Shop comprises 5 steps:


  1. 1. Step one: You choose the desired article and place the article into the shopping cart by clicking the button "article into shopping cart".

     

  2. 2. Step two: Now you can decide if you wish to create a customer account in our Online Shop or wish to carry out your order without customer account.

     

  3. 3. Step three: Enter your personal data, including billing address and, if applicable, different delivery address. In this step you have to accept our data protection regulations.

     

  4. 4. Step four: Choose one of the offered payment methods.

     

  5. 5. Step five: In the last step you have the option of checking all information (for example name, address, payment method, ordered articles) once again and, if necessary, to correct them. By clicking the button "Buy now", you accept our terms and conditions and place the order.

     

  6. We only accept orders made by you via our Online Shop. Principally, we do not accept orders submitted by fax, e-mail, letter or our service hotline and will not process them.

     

  7. The goods shall be sold merely in customary household quantities.

     

§ 4
Minors


SCHIESSER does not accept orders from customers under the age of 18. Also our products intended for minors can only be purchased by persons over the age of 18. If you have not yet reached your 18th birthday, you may only order articles in our Online Shop together with your parents or a legal guardian.

 

§ 5
Instructions concerning right of withdrawal

 

  1. 1. Right of withdrawal

    You have the right to withdraw from this contract within fourteen days without giving reasons.

    The period of withdrawal is fourteen days from the day at which you or a third party nominated by you other than the carrier have taken possession of the goods.


  2. 2. Exercising withdrawal

    You have to inform us, the SCHIESSER AG, Schützenstraße 18, 78315 Radolfzell, about your decision to withdraw from this contract by means of an unequivocal declaration (for example a letter sent by mail, fax or e-mail) in order to exercise your right of withdrawal.

 

  1. 3. The letter of withdrawal has to be sent to:


    a.  Withdrawal by mail

    SCHIESSER AG / Online Shop

    Schützenstraße 18

    78315 Radolfzell

     

    b.  Withdrawal by e-mail

    kundenservice@schiesser.com


    c.  Withdrawal by means of withdrawal form

    You may also use the withdrawal form enclosed, which is however not obligatory. You can electronically fill in and submit the withdrawal form on our website. If you use this possibility, we will immediately send you an e-mail confirming the receipt of the withdrawal.


  2. 4. Consequences of withdrawal

    If you withdraw from this contract, we have to repay all payments we have received from you, including delivery expenses (except the additional costs arising from the fact that you have chosen another delivery method than the low priced standard delivery offered by us) without any undue delay and no later than fourteen days after receipt of your withdrawal from this contract.

    We will use the same means of payment used by you for the original transaction unless something else has been agreed with you explicitly. In no case whatsoever you will be charged for this repayment.
    We may refuse repayment until we have received the goods or until you have provided evidence that you have sent back the goods, whichever is earlier.


  3. 5. Return of the goods

    You have to send the goods immediately and in any event no later than fourteen days from the date on which you have informed us about the withdrawal to


    SCHIESSER Online Shop

    c/o DHL Home Delivery GmbH

    Vor der Hecke 4a

    34355 Staufenberg


    by means of the enclosed return sticker or to hand them over. The deadline shall be deemed to have been met if you send off the goods before the expiry of the time limit.

    The return of the goods is free of charge regardless of the value of the goods. Goods consignable by parcel shipment have to be returned at our risk. Goods not consignable by parcel shipment are picked up from you.

  4. 6. You have to pay a value compensation for the depreciation of the good and the use derived therefrom if the depreciation of the good is due to a use exceeding the testing of characteristics and functional properties.


    Testing of characteristics and functional properties should be understood as testing and trying of the respective good in the same manner as wood be possible and customary in a shop. For the rest you can avoid any duty to provide compensation by not using the goods as your own property and refraining from all actions that may affect their value.

     

  5. 7. With the provision that you return the goods to us in an orderly condition (clean and flawless), we continue to accept the return of the goods as withdrawal from the contract contrary to legal obligations.

 

  1. 8. End of the information about the right of withdrawal
     

 

§ 6
Delivery

 

  1. 1. Unless otherwise agreed, delivery is made to the delivery address stated by you. Delivery takes place within the Federal Republic of Germany, the Republic of Austria, the Kingdom of Netherlands, the Kingdom of Belgium and the Grand Duchy Luxembourg only.

    Delivery within Germany is carried out by our logistics provider, the DHL Vertriebs GmbH & Co. OHG. Delivery within Austria is carried out by the Österreichische Post AG, Postgasse 8, AT – 1010 Vienna, within Belgium by the bpost (Die post), Aktiengesellschaft des öffentlichen Rechts, Muntcentrum/Centre Monnaie, B-1000 Brussels, within Netherlands the PostNL Holding B.Vl, Prinses Beatrixlaan 23, 2595 AK The Hague and within Luxembourg the Entreprise des Postes & Telecommunications, 8a, Avenue Monterey, L-2020 Luxembourg.


  2. 2. Within Germany, the delivery time amounts to about 1 – 3 days, for deliveries to Austria about 3 – 5 days and for deliveries to the Netherlands, Belgium and Luxembourg about 2 – 3 days. If we realize during the processing of your order that the products ordered by you are not available, we will inform you about this in a separate e-mail. No contract is concluded for non-available goods.

 

§ 7
Prices and forwarding expenses

 

  1. 1. All prices stated on the web pages of SCHIESSER shall be understood including the current legal value added tax.

     

  2. 2. We will inform you about the forwarding costs as well as possible additional costs in the order form before completion of the order. You have to pay the forwarding costs and possible additional costs. The currently valid forwarding costs are listed in rubric  „Help/FAQ“.

     

§ 8
Payment methods

 

    1. 1. SCHIESSER accepts the indicated payment methods in the framework of the order process. Following payment methods are offered in the Online Shop:


      Prepayment

      Invoice (only within the Federal Republic of Germany)

      Credit card (Master- and Visa card)

      PayPal

      iDeal (only within the Netherlands)


  1. 2. During the order process, we run a credit check of your data by addressing an enquiry to an economical credit agency if a legitimate interest can be demonstrated.

    Deltavista GmbH, Dessauer St. 9 in 80992 Munich as well as the Creditreform Boniversum GmbH, Hellersberg St. 11 in 41460 Neuss have been engaged by us to run the credit check.

     

  2. 3. We reserve the right to continue to process your order only subject to the payment methods proposed by us (for example prepayment) in case of a negative outcome of the credit check. We will inform you immediately about this decision.


  3. 4. In case of payment by invoice, the amount has to be transferred to the account stated on the invoice within 14 days after receipt of the invoice.

 

  1. The invoice is included in the package.


  2. 5. Should you be in default with the payment of your invoice, we reserve the right to charge reminder fees. In case of default of payment, you shall undertake to reimburse all costs we incur by the by the necessary pursuit of our claims. This includes, without prejudice to any procedural requirement, also all out-of-court costs of the commissioning of a debt collecting institution or a lawyer.

     

§ 9
Title retention


The delivered goods remain in property of SCHIESSER until payment is made in full.

 

§ 10
Warranty

 

  1. 1. The warranty for defects of the bought goods is aligned to legal regulations. In particular, the customer has the right to demand supplementary performance (supply of a new product or correction of defects / repair). However, SCHIESSER is entitled to refer the customer to a new delivery if the elimination of defects would entail unreasonable expenditure. The warranty claims expire two years after delivery of the goods.

     

  2. 2. Customary or technically unavoidable, material-induced deviations of the quality, color, size, cut or design of the goods are insignificant.

    No rights under the warranty shall exist in case of such defects. However, you are at liberty to prove that the stated deviations are not insignificant to you.

     

  3. 3. All warranty rights shall be excluded if you change the goods and the defect will be caused by this change.

     

  4. 4. You can assert your warranty claims by sending a request, including order number, your name and address as well as a short explanation of the reasons, by e-mail to kundenservice@schiesser.com.

    The defective goods have to be sent to us (SCHIESSER Online Shop c/o DHL Home Delivery GmbH, vor der Hecke 4a, 34355 Staufenberg) for reviewing. Please use the enclosed return sticker.

§ 11
Offset, retention


You shall only have the right of offsetting if your counterclaims have been legally ascertained or are uncontested by us. You are only authorized to exercise the right of retention to the extent that your counterclaim comes from the same contractual relationship.

 

§ 12
Data protection

 

The protection of your personal data which you have submitted to us in the framework of the business relations in the Online Shop is very important for us. We will only process your data in accordance with our data protection regulations. Our data protection regulations can be viewed and printed here.

 

§ 13
Copyright and trademark right

 

  1. 1. The entire contents of the website, in particular texts, graphics, photos, illustrations and software, are the property of SCHIESSER. These contents are protected by copyrights and other commercial property rights. Reproduction, processing, storage or other processing is not permitted.

     

  2. 2. All trademarks used on the website are – unless stated otherwise – property of SCHIESSER. Use or application of the trademarks in any form whatsoever without our consent is prohibited.

     

§ 14
Liability

 

  1. 1. SCHIESSER shall be liable without restriction for intent. SCHIESSER will only be liable for gross and ordinary negligence in case of damage to life, body and health or in case of breach of a material contractual obligation. Material contractual obligations are obligations having to be performed in order to attain the contractual purpose and in whose fulfillment the customer has trusted and could be expected to trust.

     

  2. 2. In case of slightly negligent infringement of fundamental contractual obligation, the liability is limited to foreseeable damages which could typically occur.

     

  3. 3. The preceding limitations of liability apply also for the benefit of the legal representatives and vicarious agents of SCHIESSER.

     

  4. 4. Liability under the Product Liability law remains unaffected.

     

§ 15
Final provisions


All contracts between your and SCHIESSER shall be governed by the law of the Federal Republic of Germany with exclusion of the UN commercial law, unless country-specific statutory regulations are more favorable for the customer of the Online Shops.

 

§ 16
Offerer of website


The website offered under the domain http://schiesser.com is operated by:


SCHIESSER AG

Schützenstraße 18

78315 Radolfzell


Represented by the executive board:

Rudolf Bünden (Chairman)

Karl-Achim Klein

Johannes Molzberger


Telefon: +49 (0) 7732 90-0

Fax: + 49 (0) 7732 90 - 55

Email: kundenservice@schiesser.com


Register court, district court Freiburg,

HRB: 550026

UST-ID Nr. DE 142767206

Tax No. 1815030880



PDF download