Terms of service
AGB (General Terms and Conditions)
1. scope of validity/contact data
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between us, Schmaal Holger Altgeld, and you as our customer via our online store.
1.2 Deviating, conflicting or supplementary General Terms and Conditions of Business of yours shall only become part of the contract if they are expressly recognized by us in writing. The mere knowledge of your general terms and conditions does not make them part of the contract.
1.3 The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
1.4 Our contact details are
Schmaal
Holger Altgeld
Grabenstraße 38
53919 Weilerswist
Germany
T +49 (0)163 218 78 93
holger@schmaal.de
Sales tax / UST-IdNr. DE264877405
2 Authorized customers, targets and order quantities
2.1 You may only place orders in our online store if you are acting as a consumer and not as an entrepreneur or in the context of an activity as a self-employed person.
2.2 In addition, we only accept orders that provide for the delivery of consumer quantities.
3 Conclusion of contract
3.1 The presentation and promotion of items in our online store does not constitute a binding offer to sell specific items.
3.2 By placing an order via the online store, you are placing a legally binding order.
3.3 A purchase contract is not yet concluded when you place your order. You will first receive an order confirmation from us by e-mail; this confirmation does not constitute a legally binding acceptance of your order.
4 Prices and shipping costs
4.1 Unless otherwise stated, all prices in our online store are gross prices including VAT. Shipping costs will be added where applicable and must be borne by you.
4.2 The shipping costs are indicated for each item in our online store. The price including VAT and shipping costs is also shown on the order form before you place the order.
4.3 If we fulfill your order by partial delivery in accordance with section 6 of these GTC, you will only incur shipping costs for the first partial delivery. If the partial delivery is made at your request, we will charge the shipping costs for each partial delivery.
5 Terms of payment and offsetting
5.1 You can use the payment methods displayed in our online store.
5.2 You may only offset claims against us that are legally established, ready for decision or undisputed.
6. partial deliveries
We are entitled to make partial deliveries if this is reasonable for you.
7 Reservation of self-supply and retention of title
7.1 If, after concluding a contract with you, we are unable to deliver an ordered item or are unable to deliver it on time, although we have concluded a purchase contract with a supplier before concluding the contract, we are entitled to release ourselves from the delivery obligation with regard to this item. In this case, we are obliged to inform you immediately of the unavailability of the item and to refund any payments already made for the item and its delivery without delay.
7.2 The delivered items remain our property until the purchase price has been paid in full.
8 Right of withdrawal and consequences of withdrawal.
8.1 Right of withdrawal.
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, however, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations by us. The timely dispatch of the goods or the revocation is sufficient to comply with the revocation period. Please note that custom-made or personalized goods are excluded from the right of return.
If the revocation is made by returning the goods, this must be sent to the following address:
Schmaal
Holger Altgeld
Grabenstraße 38
53919 Weilerswist
Germany
Cancellation must be sent to the following e-mail address: holger@deschmaal.de
8.2 Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent by parcel post are to be returned at our risk. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
9. material defects and defects of title / color deviations / care of the delivery items
9.1 In the event of material defects or defects of title, you shall be entitled to all rights in accordance with the statutory provisions, subject to the proviso that the restrictions and exclusions for claims for damages or claims for reimbursement of futile expenses specified in Section 10 shall apply.
9.2 Slight color deviations between the colors of the items shown on the website and their actual colors may occur for technical reasons.
9.3 Please observe the washing and care instructions enclosed with our products. We are not liable for any deterioration of the items caused by improper cleaning or care of the delivered items.
9.4 Please note that custom-made or personalized goods cannot be taken back, even in the event of a material defect. All goods are checked for quality before delivery.
10 Liability
10.1 In all cases of contractual or non-contractual liability, we shall be liable to you for damages caused intentionally or through gross negligence in accordance with the statutory provisions on compensation for damages or reimbursement of futile expenses.
10.2 In all other cases, we shall only be liable - unless otherwise stipulated in Section 10.3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which you as a customer can regularly rely (so-called cardinal obligation), namely limited to compensation for foreseeable and typical damage. Subject to the provision in clause 10.3, our liability is excluded in all other cases.
10.3 Our liability for damages (i) arising from personal injury, bodily injury or health hazards, (ii) under the Product Liability Act and (iii) under quality and/or durability guarantees shall remain unaffected by the above limitations and exclusions of liability.
11 Customer service / support.
If you have any questions, comments, complaints or other communications regarding your orders, please send them to us by letter, telephone or e-mail using the contact details set out in section 1.4 above.
12 Applicable law
German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you have your habitual residence in a country other than Germany at the time of your order, the application of the mandatory statutory provisions of that country shall remain unaffected by the applicable law referred to in sentence 1.