Terms of service
General Terms and Conditions of Schmiede-Kolben UG
1. Scope of Application
1.1
These General Terms and Conditions apply to all orders placed via the online shop of Schmiede-Kolben UG (haftungsbeschränkt), Schaffhauser Str. 77, 79713 Bad Säckingen, Germany, by consumers and entrepreneurs.
1.2
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.
1.3
An entrepreneur is a natural or legal person, or a partnership with legal capacity, who or which, when entering into the contract, acts in the exercise of their trade, business or self-employed professional activity.
1.4
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relationships without us having to refer to them again.
1.5
Any deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their application in text form.
2. Conclusion of Contract
2.1
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
2.2
By clicking the button “Order with obligation to pay”, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
2.3
After receipt of the order, the customer will receive an automatic confirmation by email. This confirmation of receipt does not yet constitute acceptance of the contractual offer.
2.4
The contract shall only be concluded when we expressly accept the customer’s offer in text form, dispatch the goods or deliver the goods.
2.5
We are entitled to reject orders in individual cases where justified reasons exist, in particular in the event of obvious input errors, lack of availability, or justified doubts regarding the seriousness or creditworthiness of the order, insofar as this is legally permissible.
3. Prices and Payment Terms
3.1
The prices stated in the online shop at the time of the order shall apply.
3.2
Any shipping costs, packaging costs, customs duties, fees or other ancillary costs shall be shown separately during the order process, insofar as they apply.
3.3
The payment methods stated in the online shop are available to the customer.
3.4
Unless otherwise agreed, the purchase price shall be due immediately upon conclusion of the contract.
3.5
In relation to entrepreneurs, the following shall apply: the customer shall only be entitled to rights of set-off and retention insofar as their counterclaims have been legally established, are undisputed or have been acknowledged by us. A right of retention shall only exist insofar as it is based on the same contractual relationship.
4. Delivery, Delivery Time and Availability of Goods
4.1
Delivery shall be made to the delivery address specified by the customer within the delivery areas stated in the online shop.
4.2
Delivery times are stated in the online shop or in the respective product description.
4.3
Partial deliveries are permitted insofar as they are reasonable for the customer.
4.4
If, by way of exception, an ordered product is not available because we are not supplied by our supplier through no fault of our own despite having placed a timely order, we shall be entitled to withdraw from the contract. In this case, we will inform the customer without undue delay and promptly refund any payments already received.
4.5
In relation to entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover to the transport company, carrier or other person designated to carry out the shipment.
4.6
In relation to consumers, the risk of accidental loss and accidental deterioration of the goods shall pass only upon handover of the goods to the consumer or to a recipient designated by the consumer.
5. Retention of Title
5.1
The delivered goods shall remain our property until payment has been made in full.
5.2
In relation to entrepreneurs, we retain title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.
5.3
The entrepreneur is entitled to resell the goods subject to retention of title in the ordinary course of business. The entrepreneur hereby assigns to us, in advance, all claims in the amount of the invoice total that arise against third parties from such resale. We accept this assignment. The entrepreneur remains authorised to collect the claim as long as they duly fulfil their payment obligations towards us.
6. Right of Withdrawal for Consumers; No Right of Withdrawal for Entrepreneurs
6.1
Consumers have a statutory right of withdrawal in the case of distance selling contracts. Details are set out in the separate withdrawal instructions provided in the online shop.
6.2
Entrepreneurs are not granted any statutory or contractual right of withdrawal.
6.3
Any returns accepted from entrepreneurs shall be made exclusively on a voluntary basis, subject to prior express consent and only in individual cases. No entitlement to such acceptance exists.
7. Returns Outside Statutory Rights
7.1
Returns outside statutory rights of withdrawal or warranty rights require our prior consent.
7.2
In the event that a return is exceptionally accepted on a voluntary basis, we may make acceptance conditional upon the goods being in an uninstalled, unused, complete and resaleable condition.
7.3
The statutory rights of consumers, in particular in the case of defects or under the right of withdrawal, shall remain unaffected.
8. Rights in the Event of Defects
8.1
Consumers are entitled to the statutory rights in the event of defects.
8.2
In relation to entrepreneurs, Section 377 of the German Commercial Code (HGB) shall apply. The entrepreneur must inspect the goods without undue delay after delivery and notify us without undue delay of any apparent defects. Hidden defects must be notified without undue delay after discovery.
8.3
If the entrepreneur fails to duly inspect the goods or give notice of defects, the goods shall be deemed approved with respect to the defect concerned.
8.4
In the case of justified defects, we shall provide supplementary performance to entrepreneurs, at our discretion, either by remedying the defect or by delivering replacement goods.
8.5
Defect claims by entrepreneurs shall become time-barred one year after delivery of the goods. This shall not apply to claims for damages arising from injury to life, body or health, in cases of intent or gross negligence, in the event of fraudulent concealment of a defect, to claims under the German Product Liability Act, or insofar as longer limitation periods are prescribed by mandatory law.
8.6
Defect claims shall not exist in the case of damage occurring after the passing of risk as a result of unsuitable or improper use, incorrect installation, natural wear and tear, incorrect or negligent handling, or unsuitable operating materials.
9. Technical Information, Suitability and Installation
9.1
Our products are technical components. All information regarding intended uses, compatibility, fields of application or technical properties is provided to the best of our knowledge.
9.2
Before installation and use, the customer is responsible for independently verifying whether the respective product is suitable for the specific engine, vehicle or intended application.
9.3
Installation, assembly and use must be carried out professionally and in accordance with the technical specifications, manufacturer’s instructions and recognised rules of technology.
9.4
Damage caused by improper installation, incorrect use, modifications to the product or use in an application area that has not been approved shall not give rise to any claims, unless we are responsible for such damage.
10. Liability
10.1
We shall be liable without limitation in cases of intent and gross negligence, in the event of injury to life, body or health, in accordance with the provisions of the German Product Liability Act, and in all other cases of mandatory statutory liability.
10.2
In the event of slightly negligent breach of a material contractual obligation, our liability shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
10.3
Otherwise, liability for slight negligence shall be excluded.
10.4
The above limitations of liability shall also apply in favour of our legal representatives, employees and vicarious agents.
11. Consumer Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Applicable Law and Place of Jurisdiction
12.1
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2
In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.3
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 the contractual relationship shall be our registered office. In addition, we shall also be entitled to bring legal action against the entrepreneur at their general place of jurisdiction.
13. Contract Language
The contract language is German or English.