1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of "Elektrotechnik Schabus GmbH & Co. KG / Wolfgang Schabus" (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. Conclusion of contract

2.1 The product presentations contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, or mail.

2.3 The Seller may accept the Customer’s offer within five days,

– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

– by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. Before submitting a binding order, the Customer can continuously correct their entries using the usual keyboard and mouse functions within the electronic ordering process. Furthermore, all entries will be displayed again in a confirmation window before the binding order is submitted, and can also be corrected there using the usual keyboard and mouse functions.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.

4.5 If you select the payment method “PayPal”, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
This requires, among other things, that the customer opens a PayPal account or already has such an account.

5. Delivery and shipping conditions

5.1 Goods are generally delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during the purchase process is decisive. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this shall not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy shall apply to the return shipping costs.

5.3 In the case of self-collection, the Seller will first notify the Customer by email that the ordered goods are ready for collection. Upon receipt of this email, the Customer may collect the goods from the Seller's premises after consultation with the Seller. In this case, no shipping costs will be charged.

5.4 Agreed delivery dates will be met wherever possible. All events of force majeure, including, but not limited to, operational disruptions, strikes, regardless of their cause, shortages of operating materials or raw materials, power outages, etc., release us from all obligations without any obligation to pay compensation or make subsequent deliveries.

6. Notes on battery disposal

In connection with the sale of batteries or the supply of devices containing batteries, we are obliged to inform you of
to point out the following:
As an end user, you are legally obliged to return used batteries (Section 18 of the Battery Act).

Disposal via normal household waste is prohibited and violates the Battery Act.

You are welcome to return the batteries/rechargeable batteries purchased from us after use free of charge to our shipping warehouse (shipping address). Batteries/rechargeable batteries must be returned to us with sufficient postage.

The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage bin means that the battery must not be disposed of with household waste.
Pb = Battery contains more than 0.004% lead by mass
Cd = Battery contains more than 0.002 mass percent cadmium
Hg = Battery contains more than 0.0005 percent mercury by mass.
Please note the above information.

7. Retention of title

If the seller makes advance payments, he reserves the right to withdraw from the contract until the full payment has been made.
Payment of the purchase price owed, ownership of the delivered
Goods in stock.

8. Liability for defects

8.1 If the purchased item is defective, the statutory liability for defects shall apply.

8.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller
If the customer does not do so, this will have no effect on his legal or contractual rights.
Claims for defects.

9. Applicable law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

10. Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled in any case to bring proceedings before the court at the customer's place of business.

11. Information on online dispute resolution

The EU Commission provides a
Platform for online dispute resolution available: https://ec.europa.eu/consumers

This platform serves as a contact point for out-of-court
Settlement of disputes arising from online purchase or
Service contracts involving a consumer.
We
are entitled to participate in a dispute settlement procedure before a
Consumer arbitration board is neither obliged nor willing.
As a family-run, owner-managed company, we are confident that we can always find an amicable solution with you.

general terms and conditions

You can download our general terms and conditions here: