GTC
The present translation serves for your information only. It has been created to the best of our knowledge and in good faith; in case of legal doubt, the wording of the German original applies alone.
Part 1: General Terms and Conditions for the use of our webshop
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Rights of use to be granted for digital content
7. Reservation of Proprietary Rights
8. Warranty
9. Redemption of campaign vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company SCHOLZ MECHANIK GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These General Terms and Conditions apply accordingly to the supply of digital content, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.5 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If the Client chooses "PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use shall apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.
In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
If the Client chooses “PayPal Express” as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller declares his acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.5 In case of an order via the Seller’s online order form, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the text of the contract will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction. The Seller also reserves the right to carry out a creditworthiness check when the payment method “purchase on account” is selected, and he may reject this payment method in the event of a negative creditworthiness check.
4.6 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Digital content will be provided to the Client exclusively in electronic form as follows:
- via download
6) Rights of use to be granted for digital content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of contents to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full. The seller may allow the use of the contractual contents temporarily prior to this date. A transfer of rights does not take place via such a provisional permission.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Redemption of campaign vouchers
9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
9.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
9.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Only one campaign voucher can be redeemed per order.
9.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
9.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
9.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
9.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.
11) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
12) Alternative dispute resolution
12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
Part 2: General Terms and Conditions for other business
1. General
1.1. These General Terms and Conditions (GTC) apply to all – including future – business relations with entrepreneurs according to Section 14 of the German Civil Code, corporate bodies under public law and special funds under public law. For all other customers, the legally permissible paragraphs of these GTC apply alone.
1.2. Buying conditions of the customer are rejected herewith. Our General Terms and Conditions, to which the customers consents, apply exclusively. This applies also to future business transactions even if they are not expressly referred to. If an order is placed that deviates from our Conditions, our General Terms and Conditions also apply exclusively in this case even if we do not object expressly.
1.3. Our co-workers and representatives are not entitled to conclude additional oral agreements, make oral promises or conclude oral agreements on the modification of the contract.
2. Proposals, provision of data, information and samples
2.1. Proposals, proforma invoices, specifications in prospectuses and price lists are non-binding and subject to change. This applies to both oral and written specifications that are made.
2.2. We reserve the right for technical and production-related changes of specifications in informational and sales documents within the scope of customary deviations.
2.3. The provision of CAD data and samples is done voluntarily.
2.4. All property rights and copy rights to samples, representations and information remain with us. Any forwarding to third parties requires our express authorization.
2.5. We do not assume liability for the accuracy, completeness, up-to-datedness and usefulness of data that has been provided. The use of the data shall be at the user’s own risk.
2.6. If the customer makes manufacturing or product information available to us, the customer is responsible for examining whether any copyrights of third parties are involved. Should any liability arise despite that, we are to be indemnified by the customer.
3. Order acceptance and order confirmation
3.1. All proposals, proforma invoices, specifications in prospectuses or price lists are considered “invitatio ad offerendum.” A contract comes into being only upon the acceptance of the order on our part. The acceptance occurs through the issuance of a written order confirmation or through delivery.
3.2. Orders issued by telephone are strictly having the force of law and are binding for the orderer.
3.3. Objections to confirmations and changes have to be claimed promptly, at the latest within one week. The services rendered up to this point will be invoiced.
3.4. A cancelation of the order is principally not possible in the case of custom-made items.
4. Price, terms of payment
4.1. Our prices are ex factory, plus packaging, shipping and insurance as well as statutory VAT.
4.2 In order to cover the processing costs incurred even for small orders, a minimum order value of €40 net applies to orders.
4.3. Our invoices are payable within 10 days, with 2% discount, or within 30 days net, as of the invoice date.
4.4. Should the payment be delayed or should circumstances arise that subsequently diminish the creditworthiness of the customer, all our receivables are due immediately. Moreover, we are entitled to make further deliveries only on advance payment and/or against guarantee as well as to withdraw from the contract after an appropriate period of grace or to demand compensation because of non-fulfillment.
4.5. Bills of exchange and checks are accepted as payment only. Bank expenses, costs for the bill of exchange as well as other additional costs that might be incurred are to be borne by the purchaser. Unjustified deductions will be demanded afterward.
4.6. The precondition for a delay of payment is given with our dunning letter; in the absence of a dunning letter, at the latest with the expiration of the statutory minimum period. The amount of interest for delay complies with the statutory provisions. We reserve the right to claim a verifiably higher damage caused by delay.
5. Delivery times
5.1. The agreed delivery times apply provided that all technical and commercial questions have been clarified and the customer has fulfilled the obligations incumbent upon him. Otherwise, the delivery time is extended accordingly. 5.2. The Delivery takes place at the agreed place; in case of modified instructions the buyer will have to bear the costs.
5.3. Delivery times are considered as adhered to when we prepare the goods on the agreed date for shipment or notify the customer that the goods are ready for acceptance in the case of products subject to acceptance.
5.4. Should delays occur due to delayed supply to ourselves or due to labor conflicts, acts of force majeure or other events outside of our sphere of influence, delivery times will be extended accordingly. We shall notify the customer about delays that become apparent as early as possible.
5.5. Within the scope of the statutory provisions, the customer is entitled to cancel the contract if an appropriate period of grace has been given us in writing after the due date and we did not adhere to this period of grace.
6. Delivery
6.1. Deliveries are considered ex factory pursuant to INCOTERMS 2010.
6.2 All risks are transferred to the purchaser upon the provision of the goods for delivery at the delivery location independent of whether the delivery is conducted from the place of fulfillment. This applies likewise to partial deliveries or in cases where we assume the shipping costs or costs for delivery.
6.3. The choice of shipping method remains with us.
6.4. The customer cannot refuse partial deliveries of a reasonable extent and has to pay for them immediately upon the receipt of the partial delivery. The objection against a partial delivery does not entitle the customer to refuse further deliveries arising from this or another contract.
7. Acceptance, quantity variance, return of goods
7.1. With the exception of an essential defect being on hand, the customer is obligated to accept the delivery. If he does not fulfill this obligation within 2 weeks, we shall be entitled to charge fees for storage and insurance and to dispose of the goods otherwise upon the expiration of an appropriate period of time. Delivery times for a new delivery to the customer are extended accordingly. Furthermore, we reserve the right to claim compensation for damage covering all expenditures made in the context of processing the transaction.
7.2. For special designs and products outside of our standard program, we reserve the right that the delivery amount exceeds or falls below the agreed order amount by 10%, at least, however, by 2 units. In this case, we invoice the actual delivery amount.
7.3. Return shipments of goods are possible only upon prior agreement. Custom-made parts are principally excluded from exchange.
8. Reservation of title
8.1. Goods that have been delivered remain our property until all receivables have been paid in full or until the check or bill of exchange handed to us for that purpose has been cashed. The purchaser is entitled to resell the goods subject to reservation of title within the scope of normal business operations. Pledging as collateral or transfers by way of security are not permitted.
8.2. The purchaser transfers to us his receivables arising from the resale of the goods subject to reservation of title. Upon our demand, the purchaser is obligated to name the third-party debtors and notify them about the transfer. We are entitled also to notify the third-party debtors about the transfer ourselves. In the event that the goods subject to reservation of title are sold as part of another object, we obtain ownership of the object in the value of the goods subject to reservation of title.
8.3. The customer has to inform us immediately and provide us with the relevant documents about the measures of third parties, e.g. about the foreclosure sale in terms of the goods subject to reservation of title or receivables transferred in advance.
9. Warranty, compensation, liability
9.1. Obvious defects, damage as well as wrong deliveries have to be disclosed to us in writing at the latest within one week upon receipt of the goods; hidden defects immediately upon their discovery. Faulty goods are not to be resold, processed or integrated.
9.2. Our warranty applies solely to defects caused by circumstances that existed before the transfer of risks. We do not assume responsibility for defects that arose from inappropriate or improper use, faulty assembly or commissioning, faulty or negligent handling and maintenance as well as natural wear.
9.3. Insofar as we are obligated to warranty, we are entitled to rework the goods or deliver a substitute free of charge at our own discretion. The customer has to afford to us the time and opportunity required for the purpose; otherwise, we shall be released from the liability for any consequences entailed therefrom. Should the supplementary performance fail within a reasonable period, the customer has the right to reduce the purchase price or, in the case of a not insubstantial defect, to cancel the contract. The right to reduce the contractual price is otherwise excluded. Replaced parts pass into our ownership.
9.4. Should a defect be based on a defective third-party product, we are entitled to transfer claims for defects against the preliminary supplier to the customer. In this case, our warranty only applies once the customer has raised the claims against the preliminary supplier in court without success. The customer has to inform us about the raising of the claims in court promptly. Furthermore, he has to obtain our consent for all agreements pertaining to the claims transferred.
9.5. If it was not the delivery item itself that was damaged, we are liable – for whatever legal reasons and, if admissible, always restricted to damages that are typical for the contract and reasonably predictable – solely in the event of
• willful intent;
• gross negligence by the owner/bodies or executives;
• culpable injury to life, limb or health;
• fraudulent concealment of defects;
• damages to persons or property to privately used objects, insofar as liability exists according to the product liability law.
In the event of a culpable violation of essential contractual obligations, we are also liable for the gross negligence of employees who are not executives.
9.6. Claims for damages against us on any other legal basis are excluded.
10. Applicable law, statute of limitations, place of fulfillment and place of jurisdiction
10.1. All legal relations are subject to German law.
10.2. All claims of the customer fall under the statute of limitations of 12 months, independent of the legal basis. The statutory periods apply to claims for damage.
10.3. Place of fulfillment for all obligations of both parties is Hamburg.
10.4. Place of jurisdiction for all disputes arising from this contract is Hamburg. Alongside that, we reserve the right to sue the customer at his registered office.
11. Severability clause
11.1. Should individual provisions of the Terms and Conditions above be ineffective as a whole or in parts, the effectiveness of the remaining provisions or the remaining parts of such provisions, respectively, shall not be affected. The ineffective provisions will be replaced by an effective provision that comes closest to the economic purpose of the ineffective one.