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General Terms & Conditions
§ 1 Scope
(1) The following General Terms and Conditions (GTC) of the SCHEFFLER-HOME webshop, Witzlebenstr. 16, 45472 Mülheim / Ruhr, represented by Nataliya Scheffler, are valid for all orders in the online shop at www.scheffler-home.de. The inclusion of conflicting terms and conditions is expressly contradicted, unless we expressly agree to their validity in writing.
(2) These terms and conditions apply to consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
§ 2 Conclusion, storage and accessibility of the contract
(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase agreement.
(2) By clicking the “Buy Now” button on the Internet, you are placing a legally binding order for the goods in your shopping cart.
(3) In addition, you can easily archive the data of your order by either downloading the terms and conditions and saving the data summarized on the last page of the ordering process in the Internet shop using the functions of your browser.
(4) Your order details are stored with us, but are not available for security reasons directly from you. If you have created a customer account online, we offer a password-protected direct access (“My Account”) for each customer. Upon registration, you can view data about your completed, open and recently sent orders and manage and save your address data.
§ 3 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (SCHEFFLER-HOME, Witzlebenstraße 16, 45472 Mülheim / Ruhr, firstname.lastname@example.org) of your decision by means of a clear statement (eg a letter sent by post or e-mail) to revoke this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you revoke this contract, we have to repay you all payments, exclusive of the already paid shipping costs, immediately and at the latest within fourteen days from the day on which the notice of your revocation of this contract is received with us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have 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 immediately 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 expiry of the period of fourteen days. We bear the cost of returning the goods.
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 functionality of the goods.
Note: The above right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Buyers bear the immediate cost of returning the goods. If there is a defect, the buyer has a priority claim for subsequent performance. This can be done by repair (repair) or by subsequent delivery. In general, the customer must be granted a full refund when an item is returned, with the following exceptions: For items that are damaged by the buyer, missing items that are not in their original condition or showing signs of wear, the Sellers deduct up to 50% of the item price.
§ 4 Terms of delivery and availability of goods
(1) The delivery time is, unless otherwise stated, up to 14 working days. We are entitled to partial deliveries as far as this is reasonable for you. For products made individually for you, such as Vouchers, the delivery time can be up to 14 business days.
(2) Should we not be able to deliver the ordered goods without own fault, because e.g. If one of our suppliers does not fulfill his contractual obligations, we have the possibility to withdraw from the contract. Of course, we will reimburse you for any payments already made.
§ 5 prices, shipping costs and payment
(1) The indicated prices include the statutory value added tax and are plus shipping costs. The VAT rate depends on the domicile of the customer. A different VAT rate applies: France 20%, Great Britain & Northern Ireland 20%, Italy 22%, Austria 20% and Spain 21%.
(2) Unless otherwise stated, the shipping costs for a parcel within Germany are € 0.00. These costs will be listed again before completing the order. The costs for incurred shipping costs for returns are paid by the customer. The shipping costs outside Germany depend on the country from which orders are made and the quantity of products. The prices can be seen in the shopping cart before ordering.
(3) We offer different types of payment, namely prepayment, PayPal and Sofortüberweisung.
§ 6 Retention of title and offsetting
(1) The goods remain our property until full payment.
(2) You are not entitled to set off against our claims, unless your counterclaims are legally established or undisputed.
(3) As a buyer, you may exercise a right of retention only if your counterclaim results from the same purchase agreement.
§ 7 Warranty
(1) We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. Compared to entrepreneurs, the warranty obligation for goods delivered by us is 12 months.
(2) The warranty does not cover wear and tear caused by the use of articles.
(3) Due to the individual monitor settings, there is no 100% color representation and color liability.
§ 8 Liability
Notwithstanding the warranty provisions in accordance with § 8 above (ie for defects in title and title to delivered items, the following limitation of liability does not apply) the following applies to our liability:
(1) In case of intentional and grossly negligent breach of duty, we are liable – for whatever legal reason – in accordance with the statutory provisions.
(2) In the case of simple negligence, we are liable only for damages resulting from the violation of an essential contractual obligation. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and can rely. In the event of a breach of essential contractual obligations, our liability for compensation is limited to the typically occurring damage at the time of the conclusion of the contract.
(3) The limitation of liability according to § 9 (2) does not apply, as far as damages from injury to life, body or health as well as claims under the Product Liability Act are concerned, or if a defect is fraudulently concealed or a guarantee for the condition is assumed has been.
(4) The above exclusions and limitations of liability apply equally to our legal representatives and agents.
§ 9 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. If you place your order as a consumer and have your habitual residence in another country at the time of the order, the application of the mandatory legislation of that country shall remain unaffected by the choice of law made in sentence 1.
(2) The place of jurisdiction for Mülheim / Ruhr is the exclusive place of jurisdiction for entrepreneurs based in Germany. In addition, the applicable statutory provisions apply to local and international jurisdiction.