General terms and conditions
As at September 2010
The general terms and conditions set out hereinbelow in their currently valid version apply exclusively to all business relations. If you have any questions, suggestions or other concerns (assertion of warranty claims), please contact us at the following address:
Schach E. Niggemann
2. Conclusion of contract, minimum order value
The presentation of products in our online shop does not represent any legally binding offer but instead an online catalogue without obligation. A binding offer to conclude a purchase contract does not exist until the buyer places an order. This offer is initially confirmed by us within the framework of an order confirmation by email. The order confirmation is not an acceptance of the buyer’s offer but only creates legal certainty to the effect that the buyer’s offer has been received by us. Our acceptance does not exist until a shipping confirmation has been emailed to the buyer. If products are not contained in the shipping confirmation that have been ordered by the buyer, no purchase contract has been concluded in respect of such products.
All entries made by the buyer within the framework of the order are shown once again after clicking the order button at the end of the order form and can be corrected there as required.
The minimum order value is 15,00 € (20,00 € COD) for deliveries within Germany; 40,00 € for Austria, Belgium, Denmark, Luxembourg and The Netherlands; 50,00 € for all other countries. Orders cannot be processed for amounts below these order values due to high external shipment costs.
3. Warranty, guarantee
The statutory provisions apply to liability and warranty. You may submit complaints and warranty claims to the address given in article 1. Supplementary guarantees (unless separately mentioned) are not given by us.
4. Purchase price, delivery, dispatch costs, passing of risk
All prices are in euros including currently valid value added tax (19% or 7% for books).
Delivery takes place at the shipping costs stated in the article description in question. Additional separate cash on delivery charges are applied in respect of cash on delivery orders. The amount of charges is given in the article description. Please note that in addition to higher shipping costs a cash on delivery charge, e.g. with DHL, is also made that is already covered by our cash on delivery charge.
If the customer is a consumer, i.e. the buyer’s purchase intention is to be assigned neither to his commercial nor his self-employed occupation, the seller in any case bears the shipping risk irrespective of the type of shipping. If the customer is an entrepreneur, all risk and perils of shipping pass to the customer once the merchandise has been handed by the seller to the logistics partner commissioned. This is without prejudice to section 377 of the Commercial Code (HGB) in respect of merchants (obligation to give notice of defects).
5. Payment, due date, arrears
The purchase price is payable immediately on conclusion of the contract. The purchase falls into payment arrears 30 days after receipt of the invoice in accordance with section 286(3) BGB.
The buyer may pay the purchase price by cash in advance (prepayment), credit card (Eurocard/MasterCard, Visa, American Express) or cash on delivery. Payment on invoice or by direct debit is possible only in individual cases and after prior agreement with us.
6. Reservation of title, offset, retention
Merchandise delivered by us remains our property until payment in full.
The contracting party is not entitled to retention or offset with counterclaims not legally established or recognised by us.
7. Consumer information in respect of distance selling contracts for the purchase of merchandise
The language provided for concluding the contract is exclusively German.
We are not subject to any special codes of conduct not mentioned hereinabove. Please gather the important features of the merchandise offered by us and the validity period of limited offers from the individual product descriptions within the framework of our online offering.
The contract text in respect of online offers by us is stored in the form of the order form filled in by you. On request we will send this order form to the buyer separately by email. An order confirmation is also sent to you by email after your order.
All entries made by the buyer within the framework of the online order are shown once again after clicking the order button at the end of the order form and can be corrected there as required. The buyer also has the opportunity to print out the contract text using the print function.
You may submit complaints and warranty claims to the address given in article 1. Please gather information on payment, delivery or performance from the offer.
8. Costs of return when exercising the right of revocation
If the customer as consumer (any natural person who concludes a legal transaction for any purpose that can be assigned neither to his commercial nor his self-employed occupation) has a right of revocation under section 312d(1) sentence 1 BGB, the regular costs of return shipping are imposed on him when exercising the right of revocation if the price of the merchandise to be returned does not exceed EUR 40 or if in the case of a higher merchandise price the customer has not at the time of the revocation rendered consideration or given a contractually agreed part payment unless the merchandise delivered does not correspond to the merchandise ordered. Otherwise the return shipment is free of charge for the customer.
9. Place of performance, place of jurisdiction, applicable law
The place of performance for deliveries and payments is Borken. If the buyer is an entrepreneur, public-law legal person or public-law special fund, the exclusive place of jurisdiction for all legal disputes is the seller’s registered office. However, the seller reserves the right to sue the buyer in any other court of jurisdiction. The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
10. Data security, data protection
All customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Law (BDSG) and the Teleservices Data Protection Law (TDDSG). Your personal data is collected only for defined, clear and lawful purposes and is not kept longer than personally required. We do not pass on your personal data including your home and email addresses to third parties. Excluded herefrom are our service partners that require the transmission of data for order completion. In these cases, however, the scope of the data transmitted is restricted to the minimum required. You have a right to information free of charge about your stored data and a right to correction, blocking or deletion of your stored data. In this case please refer to the aforementioned address (article 1).