General terms and conditions of business
Stand: 16. August 2023Inhaltsübersicht
Table Of Contents
- 1. Scope of the GTC
- 2. Contact and service information
- 3. General information on offers and orders
- 4. Ordering process and conclusion of contract
- 5. Contract text and contract language
- 6. Information on prices and shipping costs
- 7. Payment methods and terms
- 8. Retention of title
- 9. Delivery, availability of goods
- 10. Promotional vouchers
- 11. Copyright and rights of use
- 12. Cancellation policy
- 13. Warranty and liability
- 14. Final provisions
- 15. Dispute resolution and consumer dispute resolution
1. Scope of the GTC
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between Schoendiener GmbH (hereinafter referred to as “seller”) and the purchaser of the seller’s products and services (hereinafter referred to as “products” or “goods”) referred to as “customer”. Deviating terms and conditions of the Customer shall not be recognised, even if the Seller provides its service without objection, unless the Seller expressly agrees to the validity of the Customer’s deviating terms and conditions.All references to persons shall apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with. “Consumer” within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Contact and service information
3. General information on offers and orders
The presentation of the products in the shop, on websites and in digital printed brochures, or catalogues or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the customer.The customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the seller to fulfil the contract. In particular, customers are responsible for ensuring that the e-mail and delivery addresses provided are correct and that any obstructions to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).Customers are requested to read the instructions in the ordering process carefully and to observe them and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information shall be marked as such by the Seller in a manner reasonably recognisable to the Customer (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the customers can use the available and usual functions of their software and/ or the
4. Ordering process and conclusion of contract
The customer can select from the products offered in the seller’s assortment vis-à-vis the customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. By clicking on the button that concludes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping basket.
5. Contract text and contract language
Der Verkäufer speichert den Vertragstext und stellt ihn den Kunden in Textform (z.B. per E-Mail oder gedruckt mit der Lieferung der Bestellung) zur Verfügung. Der Kunde kann den Vertragstext vor der Abgabe der Bestellung an den Verkäufer ausdrucken, indem er im letzten Schritt der Bestellung die Druckfunktion seines Browsers oder die Speicherfunktion für Webseiten nutzt.Die Vertragssprache ist Deutsch, Verträge können in dieser Sprache geschlossen werden.
6. Information on prices and shipping costs
The seller saves the text of the contract and makes it available to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order.The contract language is German, contracts can be concluded in this language.
7. Payment methods and terms
When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notices as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.). The customer shall ensure that he/she fulfils the conditions incumbent on him/her which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorisation with payment services and confirmation of transactions.
8. Retention of title
If the seller makes advance payment, the delivered products remain the property of the seller until full payment has been made.
9. Delivery, availability of goods
Should the delivery of the goods fail through the fault of the customer despite three attempts at delivery, the seller may withdraw from the contract. If the ordered goods are not available because the seller is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of comparable goods. If no comparable goods are available or if the customer does not wish to receive comparable goods, the seller will immediately reimburse the customer for any payments already made.
10. Promotional vouchers
Promotion vouchers” are vouchers which are issued free of charge by the seller within the framework of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). Promotion vouchers, on the other hand, do not represent vouchers that embody a certain monetary or material value and are purchased by the customer as a product. Promotion vouchers can only be taken into account under the notified conditions, taking into account restrictions, e.g. the validity for certain product groups, frequency of use and, in particular, only within the specified period. Unless otherwise stated, promotional vouchers may not be combined with other promotional vouchers.Unless otherwise stated, promotional vouchers issued to recipients may not be transferred to third parties.Promotional vouchers issued by the Seller may only be redeemed with the Seller.If a promotional voucher exceeds a value of goods, it will only be taken into account up to the amount of the value of the goods without any payment of the remaining amount.
11. Copyright and rights of use
The products distributed by the Seller are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the seller or the respective rights holders. Customers undertake to recognise and observe these property rights.
12. Cancellation policy
The information on the right of withdrawal for consumers can be found in the seller’s cancellation policy.
13. Warranty and liability
The warranty (liability for defects) shall be determined in accordance with statutory provisions subject to the following provisions.
14. Final provisions
The legal relationship between the customer, insofar as the customer is an entrepreneur, and the seller shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be at the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction in the seller’s country of domicile. The seller reserves the right to choose another permissible place of jurisdiction.
15. Dispute resolution and consumer dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes. Consumers have the possibility to use this platform for the settlement of their disputes.We are not willing and not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.