General Terms and Conditions (Fan Shop)
1. General – Scope
(1) The following General Terms and Conditions apply to all transactions relating to the product range of the Hubert Schmitz GmbH online shop. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
(2) Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(3) A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who, when entering into a legal transaction, act in the exercise of their commercial or independent professional activity.
(4) Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract even if known, unless their validity is expressly agreed in writing.
2. Conclusion of Contract
(1) Our presentation of goods on the Internet does not constitute an offer but a non-binding invitation to the Customer to order.
(2) By ordering the desired goods, the customer bindingly declares his offer of a contract. Hubert Schmitz GmbH will confirm receipt of the customer’s order without delay. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt only constitutes a declaration of acceptance if Hubert Schmitz GmbH expressly declares this. The acceptance of an order by telephone does not constitute a binding acceptance by Hubert Schmitz GmbH.
(3) Hubert Schmitz GmbH is entitled to accept the contractual offer contained in the order within 3 working days of receipt by Hubert Schmitz GmbH. Hubert Schmitz GmbH is entitled to limit the order to a reasonable quantity.
(4) If the customer orders the goods electronically, the text of the contract will be stored by Hubert Schmitz GmbH and sent to the customer together with the legally effective General Terms and Conditions by email after conclusion of the contract.
3. Retention of Title
(1) In the case of consumers, Hubert Schmitz GmbH retains ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, Hubert Schmitz GmbH retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 25%, Hubert Schmitz GmbH is obliged to release the reserved goods at the request of the entrepreneur.
(2) The customer is obliged to treat the goods with care during the existence of the retention of title. The customer must inform Hubert Schmitz GmbH immediately in writing of all access by third parties to the goods, in particular of enforcement measures, as well as of any damage to or destruction of the goods.
(3) The customer acting as an entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to Hubert Schmitz GmbH all claims to the amount of the invoice which accrue to him against a third party as a result of the resale. Hubert Schmitz GmbH accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. Hubert Schmitz GmbH reserves the right to collect the claims itself as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment. The processing of the goods by the entrepreneur is always carried out in the name of and on behalf of Hubert Schmitz GmbH. If the goods are processed, Hubert Schmitz GmbH shall acquire co-ownership of the new item in proportion to the value of the goods delivered by Hubert Schmitz GmbH. The same shall apply if the goods are processed or mixed with other items not belonging to Hubert Schmitz GmbH.
4. Revocation Clause
The right of withdrawal is exclusively available to consumers within the meaning of Art. 1.
I. Right of withdrawal for the purchase of parcel goods (standard goods)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. To exercise your right of withdrawal, you must inform us
Hubert Schmitz GmbH
Aphovener Str. 75-77
52525 Heinsberg/Germany
Phone +49 (0)2452-9909-0
Fax +49 (0)2452-9909-20
Email:
by means of a clear declaration (e.g. a letter sent by mail, fax or email) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the revocation policy
II. Right of withdrawal for the purchase of goods not suitable for parcel delivery (forwarding goods)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. To exercise your right of withdrawal, you must inform us
Hubert Schmitz GmbH GmbH Act
Aphovener Str. 75-77
52525 Heinsberg/Germany
Phone +49 (0)2452-9909-0
Fax +49 (0)2452-9909-20
Email:
by means of a clear declaration (e.g. a letter sent by mail, fax or email) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
We collect the goods. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the revocation policy
5. Cancellation Form
If you wish to cancel the contract, please complete and return this form.
Hubert Schmitz GmbH
Aphovener Str. 75-77
52525 Heinsberg/Germany
Phone +49 (0)2452-9909-0
Fax +49 (0)2452-9909-20
Email:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only in the case of notification on paper)
_________________________
Date
(*) Delete as applicable
6. Payment
(1) The price quoted is binding. The price includes the statutory value added tax. In the case of a mail-order purchase, the price is subject to a flat-rate shipping charge. You can find the shipping costs here
(2) The customer shall not incur any additional costs when ordering by using the means of distance communication. The following payment methods are available to consumers:
– Credit card
– PayPal
– Instant bank transfer
Hubert Schmitz GmbH reserves the right to exclude individual payment methods.
(3) In the event of payment in advance or by credit card, the customer undertakes to pay the price within 7 days of receipt of the order confirmation at the latest. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the base rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 9% above the base rate. Hubert Schmitz GmbH reserves the right to prove and claim higher default interest damages against the entrepreneur.
(4) In the case of credit card payment, Hubert Schmitz GmbH will debit the customer’s credit card account immediately as soon as the order has been placed.
7. Delivery
Goods suitable for parcel delivery are delivered via GLS. The delivery of goods that are not suitable for parcel delivery is carried out by the respective forwarding agent. The delivery time from receipt of payment is approx. 8-10 working days from confirmation of the order, unless a different delivery time is stated in the product description.
8. Transfer of Risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the purchased goods shall pass to the consumer upon handover of the goods, even in the case of sale by delivery.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover and, in the case of sale by delivery, upon delivery of the goods to the person or institution designated to carry out the shipment.
(3) Delivery shall be deemed to have taken place if the customer is in default of acceptance.
9. Warranty
(1) Consumers have the choice of whether subsequent performance is to be effected by repair or replacement delivery. Hubert Schmitz GmbH is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, Hubert Schmitz GmbH shall initially provide a warranty for defects in the goods by rectifying the defect or supplying a replacement, at its discretion.
(2) If the supplementary performance fails, the customer may in principle demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) as well as compensation for damages at his discretion. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses compensation for damages, the limitations of liability pursuant to Art. 10 of the GTC shall apply.
(3) Entrepreneurs must immediately inspect the delivered goods for deviations in quality and quantity and notify Hubert Schmitz GmbH in writing of any recognisable defects within a period of one week from receipt of the goods; otherwise, the assertion of the warranty claim is ruled out. The entrepreneur shall notify hidden defects in writing within a period of one week from discovery. Timely dispatch shall be sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
(4) For consumers, the warranty period is two years from delivery of the goods. For entrepreneurs, the warranty period is one year from delivery of the goods.
10. Limitations of Liability
Hubert Schmitz GmbH shall only be liable for itself and its vicarious agents, irrespective of the legal grounds, if an essential contractual obligation has been culpably breached in a manner that endangers the purpose of the contract or if the damage is attributable to gross negligence or intent. In the case of slightly negligent breaches of duty, the liability of Hubert Schmitz GmbH and that of its vicarious agents shall be limited to the foreseeable, direct average damage typical of the contract. Hubert Schmitz GmbH and its vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the breach of which does not jeopardise the performance of the contract. The above limitations of liability do not affect claims of the customer arising from product liability or from manufacturer’s warranty. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to Hubert Schmitz GmbH or in the event of loss of life of the customer.
11. Data Protection
(1) We treat the customer’s personal data confidentially and only make this data available to third parties to the extent that this is permitted by data protection law, is necessary for the performance of the contract or the customer consents to this.
(2) We point out that we process personal data of our customers electronically. The data will be used solely for the performance of the contract, unless otherwise agreed.
(3) With the data protection information, we inform the customer about:
• the type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and billing;
• his data subject rights. You can find the privacy policy hier.
12. Dispute Resolution and Consumer Dispute Resolution Procedure
(1) The EU Commission provides an online platform for online dispute resolution (ODR platform). You can reach this via the following link https://ec.europa.eu/consumers/odr Consumers have the possibility to use this platform for the settlement of their disputes. We are not prepared to participate in any out-of-court conciliation proceedings.
(2) We are not obliged or willing to participate in a consumer dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).
13. Final Provisions
(1) The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of Hubert Schmitz GmbH. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.
(3) If any provision of the contract with the customer, including these General Terms and Conditions, is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions.
General Terms and Conditions
I. Scope
1. The following General Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law or a special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). They apply without restriction unless we agree otherwise in the offer.
2. Any regulations deviating from these terms and conditions, in particular also the customer’s terms and conditions, are hereby objected to.
3. Our General Terms and Conditions also apply to all future transactions with the Buyer, provided these are legal transactions of a similar nature.
II. Offers and prices
If the offer is made based on customer documents such as illustrations and drawings, including measurement specifications, these documents shall only be binding if reference is made to them in the offer.
The information is a technical representation and only contains a warranted characteristic and in individual cases if this is expressly confirmed separately in writing.
All price quotations in offers or order confirmations are calculated on the basis of the wages, procurement prices, public charges, ancillary charges and freight costs applicable on the date of submission. If these costs change by the time of delivery, we are entitled to change the agreed price appropriately if the delivery is to take place later than four months after the conclusion of the contract. This price change clause shall also apply if the delivery date is subsequently postponed at the request of the buyer, which is later than four months after the conclusion of the contract.
For small orders, we charge a handling fee according to the valid price list.
Unless otherwise agreed, the prices are ex our factory excluding packaging. From a net goods value of € 250.00, delivery is free of charge within the Federal Republic of Germany. Outside the Federal Republic of Germany, shipping costs are calculated according to expenditure.
III. Guarantees, custom-made products or special contract conditions
Guarantees or notices concerning the nature of the goods are only binding if they have been confirmed in writing.
Custom-made products can only be processed after they have been confirmed in writing by the seller. Such orders cannot be subsequently changed or cancelled.
Goods modified by the buyer or specially manufactured at the buyer’s request cannot be taken back – without prejudice to the buyer’s warranty rights.
IV. Delivery, transfer of risk
1. The goods are delivered ex warehouse at the risk of the buyer. If the buyer requests a special mode of shipment, the additional costs will be charged in full to the buyer.
2. Force majeure
Delivery periods and dates shall be deemed to have been met if the item has left our premises by the time they expire. They shall only be extended to a reasonable extent in the event of measures within the scope of industrial disputes, in particular strikes and lockouts, as well as in the event of the occurrence of unforeseeable obstacles which lie outside our sphere of influence, insofar as such obstacles demonstrably have a considerable influence on the manufacture or delivery of the goods. This shall also apply if the circumstances occur with upstream suppliers. We shall inform the buyer of such circumstances without delay. If the performance of the contract becomes unreasonable for one of the parties due to these circumstances, it may withdraw from the contract to that extent.
3. Delivery periods
The delivery period shall commence on the date of the order confirmation, but not before clarification of all details, knowledge of which is necessary for the execution of the order. If we exceed agreed delivery dates, the buyer shall be entitled to set us a reasonable grace period for delivery in writing and to withdraw from the contract after its fruitless expiry.
If the buyer is in default of acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the buyer at the time at which the buyer is in default of acceptance or debtor’s delay.
V. Notification of defects and warranty
1. Warranty rights of the buyer presuppose that he has duly fulfilled his inspection and complaint obligations owed under Section 377 HGB (German Commercial Code).
2. Claims for defects shall become statute-barred twelve months after delivery of the goods supplied by us to the buyer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health which are based on an intentional or negligent breach of duty by the seller. Insofar as longer periods are prescribed by law in accordance with Sections 438 para. 1 no. 2, 479 para. 1, 643 a para. 1 BGB, these periods shall apply.
3. If, despite all the care taken, the goods delivered have a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or supply replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
4. If the supplementary performance fails, the buyer may – irrespective of any claims for damages – withdraw from the contract or reduce the payment.
5. In the event of any damage to the goods for which the buyer is responsible, we are entitled to demand compensation or to refuse to withdraw from the purchase contract, at our discretion.
6. Only the direct purchaser is entitled to warranty claims against the seller and these are not assignable.
7. Customary or minor technically unavoidable deviations in quality, colour, dimensions, weight, finish or design do not constitute a defect and cannot be objected to.
8. Claims by the buyer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are
excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a place other than the seller’s branch office, unless the transfer is in accordance with their intended use.
9. The buyer’s right of recourse against us shall only exist insofar as the buyer has not entered into any agreements with its customer that go beyond the legally mandatory claims for defects. In all other respects, the preceding paragraph shall apply mutatis mutandis to the scope of the right of recourse.
