General Terms And Conditions
73072 Donzdorf / Germany
Tel. +49 7162/4627991
VAT no. DE230288366
Terms and Conditions (GTC):
1. Conclusion of the contract By the representation of the assortment of the company Wolfgang Schellberg on the Internet portal eBay an offer within the meaning of §§ 145 ff. BGB is made. The customer accepts this binding purchase offer of the company Wolfgang Schellberg by giving the highest bid during the given term or by placing a bid on the given price (Buy It Now). The offer is subject to the availability of goods, in particular under the reservation of the correct and timely self-supply by the suppliers of the company Wolfgang Schellberg, unless the non-delivery is represented by the company Wolfgang Schellberg. As part of the ordering process, there is the risk of inconclusive, incorrect transmission to the customer.
2. Prices, shipping costs All prices are listed inclusive of VAT. The shipping and packaging portion is determined per article and country of delivery directly in the item description individually.
3. Cancellation policy Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us
Thomas-Mann-Weg 2 73072 Donzdorf / Germany Tel. 07162/4627991 Fax 07162/4627992 firstname.lastname@example.org by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the cancellation If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. 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 the goods to us without delay and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. 4. Important notes for return: We ask our customers to stamp the return shipment sufficiently. As far as we are obliged to reimburse the return costs in accordance with the statutory provisions and clause 2 of these General Terms and Conditions, we will of course fully reimburse you the return costs. They help us with a sufficient franking but to avoid unnecessary costs for unfree packages. 5. Prices and terms of payment For the order, only the prices stated by dr. Wolfgang Schellberg at the time of the order apply. Our prices include the current value added tax and are plus shipping costs. It is delivered exclusively against payment in advance. The invoice amount is communicated to the customer with the acknowledgment of receipt and is due immediately without deduction. A payment is only deemed to be made if Wolfgang Schellberg can dispose of the amount. Entrepreneurs are entitled to rights of retention only to the extent that their counterclaim based on the same contractual relationship and this has been legally established or recognized by the company Wolfgang Schellberg.
6. Delivery The delivery (task to the dispatch way) takes place for articles, which are immediately available from stock, usually within 48 hours from receipt of payment. If items are not immediately available, so that the delivery time is delayed, the company Wolfgang Schellberg will inform the customer immediately to the e-mail address specified in the order. Partial deliveries are permissible, as far as is reasonable for the customer. The shipping method, the shipping route and the company with the shipping company is determined at the discretion of the company Wolfgang Schellberg, unless the buyer gives express instructions, the binding acceptance of which requires a separate confirmation in writing. The risk passes to the buyer as soon as the shipment is handed over by the transport company to the buyer. The buyer must inspect the consignment for damage in transit and report it to the carrier immediately. He also has to inform the company Wolfgang Schellberg immediately about the transport damage. Delays in delivery caused by legal or official orders (for example, import and export restrictions) and not attributable to Wolfgang Schellberg extend the delivery period according to the duration of such obstacles. In most cases, the beginning and end of these are communicated to the purchaser at the e-mail address specified in the order. If the company Wolfgang Schellberg is in default with the delivery, the liability for damages in case of slight negligence is limited to the foreseeable damage. Further claims for damages only exist if the delay is based on intent or gross negligence. If the buyer does not accept the goods without the prerequisites of a consumer revocation or a consumer return or a faulty delivery, the risk nevertheless passes to him (default of acceptance). During the default of acceptance, the customer bears all costs incurred by the delay. If the customer is an entrepreneur, Wolfgang Schellberg is entitled to demand a lump-sum compensation of 20% of the purchase price for useless expenses, unless the customer proves a lesser damage.
7. Retention of title Wolfgang Schellberg retains title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (such as bill of exchange costs, financing costs, interest, etc.). In case of breach of contract by the buyer, the company Karsten Geiger & Wolfgang Schellberg GbR is entitled to demand the purchase back. The withdrawal as well as the seizure of the reserved property does not constitute a withdrawal from the contract. In the case of seizures or other interventions by third parties, the purchaser must immediately notify Wolfgang Schellberg in writing and provide all necessary information so that the ownership rights can be asserted. A processing or conversion of the purchased item by the buyer is always made for the company Wolfgang Schellberg - a warranty of its own does not arise. If the object of sale is processed with other objects not belonging to the company Schellberg, then Wolfgang Schellberg acquires the co-ownership of the new object in proportion of the value of the purchased object to the other processing objects at the time of processing. If the buyer is a consumer, he is not entitled to process, transform, pledge, give away or sell the goods until he has acquired full ownership. If the buyer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. However, he hereby assigns all claims against his buyer or third party from the resale in the amount of the final invoice amount to the accepting company Wolfgang Schellberg (extended retention of title). If the buyer violates the obligations arising from the retention of title, he must compensate Wolfgang Schellberg for the resulting damage, even if he himself is not or no longer enriched.
8. Warranty The warranty claims of the customer are initially limited to a right to repair or replacement. If rectifications or replacement fail, the customer is entitled to reduce the fee or withdraw from the contract. Claims for damages remain unaffected. If the customer is a consumer, he is obliged to report the damage immediately to the transport company and, if possible, refuse to accept it. If the customer is an entrepreneur, he is obliged to duly fulfill his duties of inspection and complaint pursuant to § 377 HGB. If the customer is a consumer, his warranty claims expire after two years from receipt of the goods; with used things after one year. If the customer is an entrepreneur, all warranty claims expire after one year from receipt of the goods. Insignificant deviations from color, dimensions and / or other quality and performance characteristics of the goods do not constitute any claims of the customer, in particular not on warranty.
9. Liability / caution With the exception of liability for injury to life, limb and health, claims by the purchaser - for whatever legal reason - are excluded, unless expressly agreed otherwise. The company Wolfgang Schellberg is therefore not liable for damages that are not directly incurred in the delivery item; In particular, the company Wolfgang Schellberg is not liable for lost profits or other financial losses of the buyer. The above exemption does not apply if the damage is based on intent, gross negligence or lack of a warranted property, breach of essential contractual obligations, default, impossibility and claims under § § 1, 4 of the Product Liability Act. Insofar as the object of purchase is an object subject to danger due to its nature (esp. Fire danger, danger of explosion), the purchaser is obliged to observe all corresponding protective measures and to instruct and supervise persons who might be endangered by the object of purchase. For damage resulting from the violation of this obligation, the company Wolfgang Schellberg is not liable. If the company Wolfgang Schellberg negligently violates a contractual obligation, the liability for damages for property damage is limited to the typical damage.
Use of customer data Note in accordance with § 33 BDSG: The personal data transmitted to Wolfgang Schellberg will be stored. This storage is used exclusively for communication with our customers and for processing orders. By ordering, the customer agrees to the storage of his data. He further agrees that the company Wolfgang Schellberg this data in the event of a lack of conformity of the customer to such Company / persons continue, which uses the company Wolfgang Schellberg to enforce its own claims.
11. Miscellaneous, jurisdiction, applicable law Subsidiary agreements, reservations, changes or additions to the contract including these conditions require our written confirmation to be valid. This also applies to an agreement to change these conditions. German law applies exclusively, excluding the provisions of international sales law. This also applies to delivery abroad. Should provisions of this contract be wholly or partially invalid or not be viable or lose their legal validity or practicability at a later date, this shall not affect the validity of the remaining provisions of the contract. The same applies if it turns out that the contract contains a loophole. In place of the ineffective or unenforceable provisions or to fill the regulatory gap shall apply an appropriate provision that comes closest to what the parties would have wanted or in accordance with the spirit and purpose of the contract, if they at the conclusion of the contract or at the later admission a provision of the point. Place of performance for all services is Eislingen. The exclusive place of jurisdiction for all disputes arising from the contract (including those in the documentary and bill of exchange procedure and in the dunning procedure) is also Donzdorf, as far as the customer is a merchant, a special fund under public law or a legal entity under public law. If the customer is not a merchant, Donzdorf shall also be agreed as the place of jurisdiction if the customer has no place of jurisdiction in Germany at the time of filing the complaint or has his habitual residence and / or domicile outside Germany or has relocated there or his domicile or habitual residence is unknown ,