General Terms and Conditions of Business of SCHUMACHER GmbH – Online Shop
(Status: October 2012)
1. Scope and Definition of Terms
(1) ´The offer in SCHUMACHER GmbH´s (hereafter “SCHUMACHER”) online shop is intended solely for end customers (hereafter “Customers”).
(2) Individual agreements entered into with the Customer in individual cases (including subsidiary agreements, supplementary information and/or amendments) shall, in any case, have preference over SCHUMACHER’S General Terms and Conditions of Business.
2. Entering into Contracts and Order Process
(1) SCHUMACHER’S website merely constitutes a sales leaflet, i.e. a request to Customers to submit offers to enter into a contract of purchase regarding the presented goods. Minor colour differences of the goods presented on the website are attributable to the used technology.
(2) The Customer can select products from SCHUMACHER’S range and by using the “Place in the basket” button collect these in a so-called basket. If the Customer clicks on the “Order Now” button, he shall make a binding offer to purchase the goods in the basket. Prior to placing the order, the Customer can view and amend the order data at any time via the “Basket” and/or “Address” and/or “Shipping & Payment” buttons.
(3) After placing the order, the Customer will receive an automatic confirmation of receipt by e-mail stating the content of the Customer’s order, which the Customer can print. This automatic confirmation of order does not constitute any acceptance of the offer, but rather merely documents the fact that SCHUMACHER has received the order.
(4) The contract shall only be brought about by way of SCHUMACHER issuing the statement of acceptance. SCHUMACHER is entitled, but not under obligation, to accept the contractual offer within 10 days following receipt by SCHUMACHER. SCHUMACHER shall state its acceptance by way of shipping confirmation forwarded by e-mail.
(5) After placing the order, the Customer will receive an automatic confirmation of receipt by e-mail stating the content of the Customer’s order, which the Customer can print. This automatic confirmation of order does not constitute any acceptance of the offer, but rather merely documents the fact that SCHUMACHER has received the order. The goods shall be sold merely in customary household quantities.
3. Registering for A Customer Account
(1) To facilitate use of the online store, SCHUMACHER gives the Customer the opportunity to register for a customer account. In such a case the Customer will not need to enter his data for each order because such data will, moreover, be stored in SCHUMACHER’S customer database and automatically entered in an order.
(2) SCHUMACHER requires the following details for a customer registration: surname, first name, address, a different delivery address where applicable, and an e-mail address. The Customer enters these data in an entry mask. These data shall be stored in SCHUMACHER’S database if the Customer clicks on the “Register Now” button. SCHUMACHER shall use the stored data only by way of observing the valid data protection measures. Details are stated in SCHUMACHER’s Data Protection Policy, which can be viewed online via the “Data Protection” button.
(3) Once the Customer has registered he will receive an automatic message by e-mail stating that his account has been set up. The Customer’s e-mail address simultaneously serves as the user name for the customer account. During the registration process, the Customer is requested to state a password created by the Customer. The Customer can amend that password after logging-in to his customer account. The Customer is to keep the access authorisation and password secret at all times, may not forward these to third-parties and undertakes to protect his access authorisation and password against unauthorised access by third-parties. The Customer is responsible for misuse of the access authorisation and the password.
4. Delivery, Delivery Periods, Availability of Goods
(1) In the absence of agreements to the contrary, goods shall be delivered to the delivery address stated by the Customer.
(2) Following hand-over of the goods to the forwarding agent, the Customer shall automatically receive shipping notification by e-mail that contains a Tracking Link via which the Customer can trace the consignment.
(3) Partial deliveries and early deliveries are permitted as part of deliveries that are acceptable for the Customer. Insofar as the Customer has ordered several products, it may be the case that SCHUMACHER ships these via several deliveries. SCHUMACHER shall inform the Customer of this prior to shipping. In the event that a part of the goods ordered by the Customer are temporarily or permanently unavailable for delivery, SCHUMACHER may cancel the customer`s order in part or in whole.
5. Prices and Shipping Costs
(1) All the prices stated in SCHUMACHER’S website are to be construed including the respective valid value added tax.
(2) SCHUMACHER shall inform the Customer of the respective shipping costs, and possible additional costs such as for gift packaging, in the order form. The Customer shall carry the shipping costs and possible additional costs.
(3) Goods shall be shipped via the logistics service provider Lenida GmbH,
Am Redder 1, D-22941 Bargteheide.
6. Payment Terms
(1) SCHUMACHER only accepts the payment methods presented to the Customer as part of the order process.
(2) During the order process, SCHUMACHER shall, in the event of a justified interest, carry out an automatic credit assessment of the Customer by making an inquiry with a credit agency, e.g. Bürgel Wirtschaftsinformationen GmbH & Co. KG. The order option and offered payment methods are conditional on the outcome of such a credit assessment. SCHUMACHER shall, in particular depending on the outcome of such an automatic credit assessment, offer the Customer the option to pay in advance/advance bank transfer, by credit card, on account or by PayPal®. In the case of payment on account, the amount is to be settled within 14 days following receipt of the invoice. In the event of an inappropriate credit status, SCHUMACHER shall, in addition, be entitled to withdraw in full or in part from all existing contracts for which the Customer has not yet paid the purchase price irrespective of such amounts having fallen due for payment and irrespective of a warning that has been issued.
7. Reservation of Title
(1) The delivered goods shall remain SCHUMACHER’S property up until payment in full of the purchase price.
(2) The Customer undertakes, in the event of seizure of the goods or other intervention by a third-party, to inform SCHUMACHER in writing without delay, and to draw the attention of the third-party to SCHUMACHER’S reservation of title.
8. Cancellation Policy
You may withdraw statement to enter into the contract within one 14 days, without stating reasons for your action, by text (e.g. letter, facsimile or e-mail) or - if the item is surrendered to you prior to expiry of the period - by returning the item. The period shall commence following receipt of the directions in text form but not, however, prior to receipt of the goods by the recipient (in the case of recurring deliveries of the same goods not prior to receipt of the first partial delivery) and not prior to honouring our duty to supply information in accordance with Item 246, Section 2, in conjunction with Section 1, sub-section 1, 2 and 2 EGBGB and our obligations in accordance with Section 312e, sub-section 1, sentence 1 BGB in conjunction with Item 246, Section 1, sub-sections 1 and 2, EGBGB. To satisfy the withdrawal period, sending the withdrawal or returning the item in good time shall suffice. The cancellation is to be sent to:
In the event of sending a written notice of cancellation:
c/o Lenida GmbH
Am Redder 1
In the event of notice of cancellation by e-mail: firstname.lastname@example.org
In the event of notice of cancellation by facsimile: +49 (0) 621 127 25 99 390
In the event of giving notice of cancellation by returning the goods, the goods are to be returned to:
c/o Lenida GmbH
Am Redder 1
Consequences of Cancellation
In the event of an effective cancellation, the performance received by each party is to be returned and, where applicable, derived benefit (e.g. interest) is to be surrendered. If you cannot reimburse us in full or in part for the received performance, or merely in a deteriorated condition, you shall, insofar, be required, where applicable to provide compensation for lost value. In the event of surrendering items this shall not apply if the deterioration in the item is solely attributable to its inspection - for example, which would be an option open to you in a retail shop. In other respects you can avoid the obligation to provide compensation for lost value as a result of deterioration in the item due to the intended use of the item by not taking possession of the item and refraining from all action that has a detrimental effect on the item. Items capable of being sent as a parcel are to be returned at our cost and risk. Items not capable of being sent as parcels shall be collected from your premises. Obligations to reimburse payments must be honoured within 30 days. The period shall commence for you upon sending your declaration of withdrawal or the item. For us it commenced upon receipt of these.
(1) The guarantee for defects in the purchased goods is geared towards the statutory requirements and the following provisions. SCHUMACHER is to remedy defects at its own discretion, in particular by way of remedying defects or via replacement delivery. Warranty claims shall fall under the statute of limitations two years following delivery of the goods.
(2) Minor variations in terms of quality, colour, width, weight, equipment or design of samples of the goods that cannot be in a technical sense or are customary in the trade do not constitute any defects. The above does not apply if SCHUMACHER has given an assurance regarding a delivery in line with a sample or has given a different quality guarantee. The Customer is free to furnish proof that the stated variations have a considerable effect on the Customer.
(3) All Customer guarantee claims are void should the Customer alter the goods, or otherwise interfere with them, unless the Customer can prove that the intervention or alteration did not cause the flaw
10. Setting Off, Retention
The Customer shall only be entitled to set off rights if its counter-claims have become res judicata, are undisputed or have been acknowledged by SCHUMACHER. The Customer is only authorised to exercise a right of retention if its counter-claim is based on the same contract.
11. Information About Data Processing
(1) SCHUMACHER attaches great importance to protecting the Customer’s personal data that the Customer states when using the online store. SCHUMACHER shall only collect, store and use personal data in line with its respective valid data protection provisions.
(2) SCHUMACHER´s data protection statement is available for viewing at any time in the online store via the “Data Privacy Button”.
(1) SCHUMACHER is liable without restrictions for intent and gross negligence. In the case of minor negligence, SCHUMACHER shall only be liable in the event of loss of life, physical injury or detrimental effects on health or in the event of violating a key contractual obligation. Key contractual obligations are those that need to be honoured to reach the goal of the contract, and which the Customer has trusted will be honoured and in which the Customer may place his trust.
(2) In the event of minor negligent violation of key contractual obligations, SCHUMACHER’s liability shall be limited in terms of amount to the foreseeable and typical cases of damage.
(3) The above-mentioned liability limitations also apply in favour of SCHUMACHER’S legal representatives and vicarious agents.
(4) This does not affect liability in accordance with the German Product Liability Act.
13. Final Provisions
(1) The contract and any amendments thereto must take the written form.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sales of Goods.
(3) The legal venue, so far as is legally admissible, shall be the registered offices of SCHUMACHER.
14. Suppliers on the Website
The stated website at the domain www.dorothee-schumacher.com is operated by:
Represented by the managing director
Tel.: +49 (0) 621 127 25-0 Fax: +49 (0) 621 127 25-601
Mannheim Register Court, HRB 8072