Terms and Conditions
(as of March 2017)

Terms and Conditions

§1 Scope and subject of the contract 

  • Our terms and conditions apply to the delivery of movables/ goods in accordance with the contract concluded between ourselves and the customer.
  • Our terms and conditions apply exclusively; conflicting or deviating customer terms will not be accepted unless they have been specifically agreed upon in writing. Our terms and conditions shall also apply, should we become aware of customer terms conflicting or deviating from our terms and conditions if we deliver goods unconditionally.
  • Our terms and conditions apply both to consumers as well as to companies, unless a differentiation is made in the respective clause specifying that the clause has an exclusive validity only for consumers or only for entrepreneurs/ companies.

§2 Offers - Conclusion of Contract – Quotation Documents 

  • The customer’s order represents a firm offer, which we can accept within 2 weeks by issuing an order confirmation in writing, or in text form by telefax or email, or through the delivery of the goods. Previously provided quotations are subject to confirmation.
  • Copyrights and ownership rights are reserved with regard to illustrations, drawings, calculations and other documents. Our prior explicit written consent is required before disclosure to third parties by the customer.

§3 Prices, terms of payment and invoicing 

  • The purchase price quoted is firm. Statutory sales tax is included in the purchase price quoted for private consumers.
  • The net price is quoted for entrepreneurs. Statutory sales tax is not included in our prices; it is declared separately on the invoice on the date of issue.
  • Prices quoted do not include freight, transport costs, packaging, insurance, customs duties and other costs or charges. These costs are borne by the customer.
  • Full payment without discount is to be made within ten days of receipt of the goods, unless otherwise agreed. Statutory provisions regarding the consequences of payment default apply.
  • Invoices are payable as per agreement by prepayment, cash, cash on delivery, crossed check, crossed check on delivery, credit card, direct debit, bank transfer or upon collection, unless otherwise agreed.
  • The customer is only entitled to set off against counterclaims which are legally established, undisputed or acknowledged by us. Entrepreneurs shall only be entitled to exercise a right of retention if the counterclaim is based upon the same contractual relationship.
  • Invoices will be sent to the customer as a PDF attachment to an email, if the customer has provided us with a valid e-mail address. Invoices will only be sent by post if requested in writing by the customer.

§4 Time of Performance and Transfer of Risk 

  • If delivery deadlines are quoted and made the basis for placing an order, such deadlines are extended for time lost in cases of strike and circumstances beyond our control. The extension is for the period of the delay. The same applies if the customer does not properly fulfill any duties to collaborate.
  • For entrepreneurs – unless otherwise stated in the order confirmation – delivery is agreed as “ex works“.
  • For private consumers, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer with the handover of the goods (§ 446 BGB).

§5 Liability for defects 

  • For private consumers, we assume liability in the case of defects according to legal requirements, providing there are no limitations as indicated below. The consumer has to notify us in writing of apparent defects within 2 weeks of the appearance of the defect, whereby the timely dispatch of the notification shall suffice. Warranty rights expire if the notification does not occur within the above-mentioned time period. This does not apply if we have fraudulently concealed a defect or guaranteed the quality of the goods.
  • If the customer is an entrepreneur, we must be notified of an apparent defect in writing immediately after the appearance of the defect. In the case of a defect, if the customer is an entrepreneur, we reserve the right to choose the type of supplementary performance. Any parts replaced in the context of supplementary performance become our property.
  • For private consumers, the warranty period is two years after the delivery of the goods. The period begins with the delivery of the movable/ goods to the customer. This also applies to compensation claims arising on the basis of defects taking into account the following limitations to liability under § 6.
  • The warranty period for entrepreneurs is one year. The limitation period in the case of a right of recourse in accordance to §§ 478, 479 BGB is not affected. This also applies to compensation claims arising on the basis of defects taking into account the following limitations to liability under § 6.
  • We do not provide customers with guarantees in the legal sense.

§6 Liability for damages 

  • Our liability for contractual breaches of duty as well as for offences is limited to premeditation and gross negligence. The above limitation of liability shall not apply in case of injury to life, body and health of the customer, claims due to the violation of cardinal duties, i.e. such contractual obligations whose fulfillment allows the contract to be executed properly in the first place and compliance with which the customer regularly relies on, and is entitled to rely on, as well as for the legal liability under the Product Liability Act. In this case, the relevant legal provisions shall be applicable.
  • To the extent that our liability for damages for negligent violation of duties is excluded or limited, this shall also apply to the personal liability of our legal representatives, salaried staff, employees, workers, representatives and vicarious agents.
  • These liability regulations and limitations of liability also apply to material, which customers have entrusted to us for further processing.
  • We accept no liability for damages, insofar as the goods and/or the product delivered by us are used by the customer either improperly or contrary to their intended purpose and/or contrary to our product description.

§7 Right of revocation for consumers

If a contract is concluded outside our business premises and/ or in distance contracts pursuant to § 312 c of the German Civil Code (BGB), consumers have a right to revoke the contract with us within fourteen days without stating reasons. The revocation period is 14 days from the receipt of the goods by the customer. In order to exercise his right of revocation, the customer must inform us by means of an unequivocal declaration, which can be submitted by post, fax, email or telephone. The declaration of revocation, for which the customer also may, but is not required to, use the following sample form, is to be sent to:

Schaeffer AG, Nahmitzer Damm 32, 12277 Berlin, Telephone +49 (0) 30 / 805 86 95 - 0, Telefax +49 (0) 30 / 805 86 95 - 33, Email info@schaeffer-ag.de

Sample revocation form: 

To:

Schaeffer AG, Nahmitzer Damm 32, 12277 Berlin, Telephone +49 (0) 30 / 805 86 95 - 0, Telefax +49 (0) 30 / 805 86 95 - 33, Email info@schaeffer-ag.de


I/we hereby revoke the contract concluded by myself/ourselves for the purchase of the following goods:………………………


Ordered on……………… Received on………..


Name of the consumer………………………………


Address of the consumer………………………………


Signature of the consumer (for notification on paper)…………………………


Date ………………………

 

  • The revocation deadline is deemed to have been met if the dispatch of the notification occurs before the end of the revocation period.
  • If the customer revokes the contract, we must repay to the customer all payments that we have received, including delivery costs, insofar as there are no additional costs arising from the customer choosing a special type of delivery to the standard dispatch offered by us, immediately and at the latest within two weeks after we have received notification of the revocation. We shall use the same method of payment as used by the customer when the original payment was made. The customer shall not be charged for the repayment.
  • The delivered goods shall be sent back to us immediately after the customer has notified us of the revocation, at the latest within 14 days. This deadline is here also deemed to have been met if the goods are sent to us before the period has elapsed. The cost of returning the goods shall be borne by the customer.
  • We can refuse repayment until we have received the returned goods or proof of return has been provided to us.
  • So far as goods delivered by us were not prefabricated and will be or have been made to the customer’s specifications, the consumer has no right of revocation (§ 312 g para.2, No 1 BGB).

§8 Retention of title 

  • For contracts with consumers we retain the title of the object of purchase until payment of the purchase price has been received in full.
  • For entrepreneurs, we retain the title of the goods until all receivables have been paid by the purchaser, even when the specific product has been previously paid.
  • The customer is required to notify us immediately with regard to enforcement measures related to the retained product by third parties, handing over documents required for an intervention; this also applies to other types of restrictions. Independently of this the customer is obliged to advise the third party in advance on existing rights relating to the goods. Entrepreneurs are liable for our costs in case of an intervention, so far as the third party is not in a position to reimburse these.
  • In the case of a resale/ leasing of retained goods, entrepreneurs are required to assign us receivables due from its customers arising from the named business as a guarantee until all of our claims are fulfilled. Through the processing of retained goods, their remodelling or connection with another item, we acquire property rights relating to the object produced. These are then seen as retained goods.
  • If the value of the guarantee exceeds our claims against the purchaser by more than 20 %, at the purchasers request and at our discretion we may release the corresponding amount from the guarantees.

§9 Limitation

The statutory limitation periods apply for all mutual claims.

§10 Form of declarations

Legally relevant declarations and notifications which the customer submits to us or a third party must be made in writing, unless otherwise specified in § 7 Right of revocation for consumers.

§11 Third-party property rights, indemnity against liability

  • The customer affirms that no third-party property rights exist for any of the data, content or materials which he sends us or uploads using our software, for example for the printing of front panels, whether these be copyrights, trademark rights, design rights or other property rights of third parties, or that the customer himself is the holder of the respective rights of exploitation and use. The customer additionally affirms that this content does not infringe any personal rights or any other third-party rights nor does it violate legal regulations.
  • The customer declares that he is in possession of the duplication and reproduction rights of the transmitted data.
  • The customer indemnifies Schaeffer AG from all claims and demands which are asserted against it due to the infringement of such third-party rights or legal regulations, insofar as the customer is responsible for the breach of duty. This also applies to defense costs and other damages incurred by Schaeffer AG, which arise from the breach of duty by the customer.

§12 Place of Performance, Choice of Law, Place of Jurisdiction 

  • As far as no alternative is mentioned in this contract, the place of performance and place of payment is our registered office at Nahmitzer Damm 32 in 12277 Berlin.
  • This contract is subject to the law of the Federal Republic of Germany; the validity of UN purchasing law is excluded.
  • For contracts with merchants, bodies corporate under public law or bodies with special assets under public law, the factual and local competent court of our registered office is the exclusive place of jurisdiction.

§13 Data protection

Without the customer’s explicit agreement, his data will be used exclusively to process the customer’s order and stored on an EDP system within the context of the business relationship. The customer’s data is disclosed to companies contracted with delivery only to the extent required to process the order. Apart from that all data is treated by us as strictly confidential and not made available to third parties.

  
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