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1.1 These General Terms and Conditions (hereinafter “GTC”) of “Elektrotechnik Schabus GmbH & These terms and conditions of Wolfgang Schabus GmbH & Co. KG (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "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 rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.
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 offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, 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 email), 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 in this respect, or
– by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered 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 is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been placed. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer 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 potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can continuously correct their entries during the electronic ordering process using standard keyboard and mouse functions before submitting the binding order. Furthermore, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using standard keyboard and mouse functions.
2.6 Only the German language is available for concluding the contract.
2.7 Order processing and communication generally take place 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 that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
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 are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices inclusive of VAT. Any applicable delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (z.B. Transfer fees, exchange rate fees) or import duties or taxes (z.BCustoms duties). Such costs may also be incurred in connection with money transfers even if the delivery is not 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 is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
4.5 If the payment method “PayPal” is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available 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 one.
5.1 Goods are regularly delivered by mail to the delivery address specified by the customer. For processing the transaction, the delivery address specified in the seller's checkout process is decisive. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment is decisive.
5.2 If the shipping company returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the delivery failure, or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.3 For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises by prior arrangement. In this case, no shipping costs will be charged.
5.4 Agreed delivery dates will be met whenever possible. All events of force majeure, in particular operational disruptions, strikes of any kind, shortages of operating or raw materials, power outages, etc., release us from all obligations without us being liable for damages or subsequent deliveries.
In connection with the sale of batteries or the supply of devices containing batteries, we are obliged to inform you about
The following should be noted:
As an end user, you are legally obligated to return used batteries (§18 Battery Act).
Disposal via ordinary household waste is prohibited and violates the Battery Act.
You are welcome to return the batteries/rechargeable batteries purchased from us free of charge after use. Return the batteries/rechargeable batteries to our shipping warehouse (shipping address). The return shipment must be sufficiently prepaid.
The symbols shown on the batteries have the following meaning:
The crossed-out trash can symbol means that the battery must not be disposed of in household waste.
Pb = Battery contains more than 0.004% lead by mass
Cd = Battery contains more than 0.002% cadmium by mass
Hg = Battery contains more than 0.0005% mercury by mass.
Please note the above information.
If the seller makes advance payments, he reserves the right to demand payment until full payment is received.
Payment of the purchase price owed transfers ownership of the delivered goods.
Goods in hand.
8.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.
8.2 The customer is requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller.
to inform the customer of this. Failure to comply will have no effect on their legal or contractual rights.
Claims for defects.
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.
The EU Commission provides a [document/information] on the internet at the following link.
Platform for online dispute resolution available: https://ec.europa.eu/consumers
This platform serves as a point of contact for out-of-court settlements.
Settlement of disputes arising from online purchases or
Service contracts involving a consumer.
We
are required to participate in a dispute resolution procedure before a
The consumer arbitration board is neither obligated nor willing.
As a family-run and owner-managed company, we are confident that we can always find an amicable solution with you.
You can download our general terms and conditions here: