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The online shop by OSD Schenck
§ 1 Scope of application
1.0
The following special terms and conditions of OSD Schenck Automatisierungstechnik GmbH apply to all customer orders via the online shop by OSD Schenck.
1.1
Customers in the sense of these Special Terms of Business of OSD Schenck Automatisierungstechnik GmbH are companies and consumers.
1.1.1
Companies within the meaning of these Special Terms of Business of OSD Schenck Automatisierungstechnik GmbH are natural persons and legal persons who are acting in the course of the contract in the exercise of their commercial or independent professional activity (entrepreneur), legal persons of public law or public special funds.
1.1.2
Consumers within the meaning of these Special Terms of Business of OSD Schenck Automatisierungstechnik GmbH are natural persons who can not be accredited for any commercial or independent professional activity.
Second
Orders via the online shop by OSD Schenck (hereinafter referred to as the Online Shop) are exclusively subject to the following Special Terms and Conditions of OSD Schenck Automatisierungstechnik GmbH. Deviating business conditions or purchasing conditions of our customers are not binding, even if we do not expressly object to them.
Third
The terms and conditions of business published at the time of the order in the online shop and submitted with the order confirmation apply.
§ 2 Description of goods and services
1.
The presentation of our goods and services in the online shop does not constitute a legally binding offer.
Second
The description of our goods and services in text and pictures in the online shop serves only for the general marking and does not constitute a guarantee, unless we expressly confirm this in writing.
Third
The customer is solely responsible for checking whether the goods ordered are suitable for the intended purpose of the customer.
§ 3 Orders / Conclusion of Contract
1.
The use of our online shop for the initiation and processing of business is equally possible for companies and consumers if you accept these Special Terms and Conditions of OSD Schenck Automatisierungstechnik GmbH for orders via the online shop and our supplementary conditions of use for the online shop by OSD Schenck.
Second
The conditions for our goods are free and non-binding. The presentation of the goods in our online shop does not constitute an offer, but a non-committal invitation to order the customer. We reserve the right to make technical changes as well as changes in color, form or weight within the bounds of the reasonable.
Third
The order is binding for the customer when he has placed goods in his shopping cart and has sent us his order by pressing the "Buy" button. The customer is obligated to check his / her data for errors before pressing the button. The order can only be submitted and communicated if the customer has accepted by clicking on the button "I have read the general terms and conditions of use and the terms of use and hereby acknowledge them".
4th
The submitted order of the customer is a binding offer to us to conclude a contract. After the order has been placed, the customer receives an e-mail confirming the content and access of the order with us (order confirmation). This confirmation of the order does not constitute acceptance of the offer by the customer. The customer receives a confirmation by e-mail only if he has indicated his valid e-mail address. A purchase contract is not concluded until we have confirmed the order with a separate order confirmation in text form. The confirmation of order shall follow within three days at the latest. The purchase contract is then concluded.
5th
We store the contract text and send the order data and these terms and conditions as well as the conditions of use to the customer in the order confirmation.
6th
There is no purchase contract for products from one and the same order that are not available.
7th
If our order confirmation contains typographical or printing errors, or if our price fixing is based on technically caused transmission errors, we are entitled to challenge, whereby we must prove our error. Payments already made will be refunded immediately.
8th.
We are entitled to reject the acceptance of the order - for example after checking the creditworthiness of the customer. We are entitled to limit the order to a household quantity.
9th
If we are unable to fulfill our contractual obligations without our own fault due to the fault of the supplier of OSD Schenck Automatisierungstechnik GmbH, we are entitled to withdraw from the customer. However, this right to rescind exists only if we have concluded a congruent cover transaction with the supplier concerned (binding, timely and sufficient order of the goods) and the non-delivery of the goods is not responsible in any other way. In this case, we will immediately notify the customer that the ordered goods are not available. Payments already made by the customer will be refunded immediately.
10th
Supplementary agreements, amendments and amendments to the contract require our written confirmation. The written form requirement shall also apply to the abolition of standardized written form.
11th
The contractual partner is OSD Schenck Automatisierungstechnik GmbH, Wachhausstrasse 5c, 76227 Karlsruhe
12th
The contract language is German.
§ 4 Prices
The prices quoted by us are gross prices and refer to the indicated quantity. Any updating of the Internet pages will invalidate all previous prices and other information about goods on the Internet. The price is valid at the time of the binding order. If we have agreed with the customer individual prices or terms of payment, these are decisive for the settlement of the transactions via our online shop. The customer also owes the shipping costs, provided that no delivery-free delivery has been agreed.
§ 5 Payment
1.
The payment of the purchase price is possible in several ways of payment. The currently available payment methods are shown and explained on the website and in the ordering process. The customer can pay the price by cash, cash on delivery, transfer, PayPal (Giropay, direct debit, credit card), immediate transfer. Payment is subject to pre-payment. With the exception of cash on delivery, the goods will be sent to the customer only upon receipt of the full invoice amount on one of our accounts.
Second
For registered companies, public institutions and authorities, we deliver positive credit ratings. If no other payment objective has been agreed, our receivables are due and payable with the provision of our service (= date of the accounting). In the case of negative creditworthiness, we reserve the right to exclude this payment.
Third
If the customer is in arrears with delivery against invoice, we are entitled to demand default interest in the legal amount. During the period of default, a consumer has the interest rate of 5%, while a company has interest on the interest rate of 8% above the base rate during the delay. If we have been able to prove a higher arrears, we are entitled to assert them.
4th
We reserve the right to exclude individual payment.
§ 6 Set-Off, Retention, Assignment
1.
The customer is only entitled to set off his counterclaims if his counterclaims are legally established or undisputed.
Second
The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship and is undisputed or legally binding.
Third
The customer is not entitled to assign claims from the contract.
§ 7 Delivery / Transfer of Risk
1.
If the delivery is delayed due to force majeure, statutory or official orders or unforeseeable operational disturbances or other events which we are not responsible for, the agreed delivery period is prolonged to an appropriate extent. If we are unable to deliver for any of the above reasons, we are entitled to withdraw from the contract in whole or in part.
Second
If ordered goods can not be delivered, we inform the customer immediately and propose the delivery of comparable goods. If no comparable product is available or if the customer does not wish to deliver a comparable product, he or she is immediately reimbursed for any counter-performance already paid. Any further claims are excluded.
Third
If the goods are not collected from us, delivery is made to the delivery address stated by the customer.
4th
Delivery is carried out by our service companies. The customer is informed about the amount of shipping costs incurred before the contract is concluded during the ordering process. An overview of shipping costs can be found here.
5th
The place of performance for all delivery obligations is Karlsruhe. All deliveries are made from our warehouse. Shipment is at the risk of the customer, even if it is with our vehicles.
6th
If the package can not be delivered by the delivery service or if the customer refuses to accept the package, the customer bears the costs for the unsuccessful delivery. The right to claim a higher or lower damage as well as the right to fulfill the contract remains unaffected. For the duration of the acceptance delay, we are entitled to store the item (s) at the risk of the customer at our premises or at a freight forwarder at the cost of the customer. For warehousing, we charge a storage cost of EUR 50.00, subject to proof of lower or higher costs.
7th
The risk of accidental loss and the accidental deterioration of a sold item shall pass to the consumer upon delivery of the goods to the customer or a person authorized to receive the goods. In the case of entrepreneurs, the risk of accidental loss and the accidental deterioration of a sold item is transferred to a suitable transport person upon delivery of the goods. The transfer is the same if the customer is in default of acceptance.
§ 8 Reservation of title
1.
We reserve the ownership of the delivered goods until the purchase price is paid in full ("conditional goods").
Second
The customer may sell the reserved goods only in cash or under retention of title in the proper business. He is not authorized to make other disposals, in particular to secure possession, pledge, sale of the entire inventory or sale of sales.
Third
The customer already assigns to us his claims from the resale of the reserved goods, including the corresponding claims from checks and bills of exchange, with all subsidiary rights; The customer is authorized to collect the claims in our own name for us. This authorization is free revocable. If the reserved goods are sold by the customer together with other goods not belonging to us at a total price, the assignment shall be made only in the amount which we have calculated to him.
4th
The customer assigns to us all insurance or other claims, which he acquires due to loss or damage to the reserved goods.
5th
We accept all the above assignments.
6th
On our request, the customer shall provide us with a list of the assigned claims as well as all information and documents for their enforcement.
7th
If the customer becomes insolvent or a request for the opening of the insolvency is placed over his assets, the customer may no longer dispose of the reserved goods and we may uncover the assignments of the customer as well as withdraw from the contract and demand the immediate release of the reserved goods. The customer shall store the reserved goods separately from other goods of the customer, to designate them as deliveries subject to the proprietary rights of OSD Schenck Automatisierungstechnik GmbH, to contain any disposition thereof and to provide a list of the reserved goods.
8th.
The customer shall immediately inform us in writing of the access of third parties to the reserved goods or to the claims assigned to us and to assist us in every way in asserting our rights.
9th
The customer must notify us immediately in writing of any seizure or other enforcement measures relating to the assigned claims or the reserved goods, so that we can take appropriate legal steps in due time.
10th
Should the value of the goods covered by the retention of title or the assigned claims of the customer exceed our claims against him by more than 20%, we will release upon our choice the exceeding collateral.
§ 9 Right of revocation / right of revocation / return costs (only valid for consumers)
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the last product.
In order to exercise your right of revocation, you must inform us (OSD Schenck Automatsierungstechnik GmbH, Wachhausstrasse 5c, 76227, Karlsruhe, info@osd-schenck.de, +49 (0) 721 / 94327-0, +49 (0) 721 / 94327-12 ) By means of a clear statement (eg a letter, facsimile or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments that we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days. They bear the direct costs of returning the goods. The costs will be charged at a weight of 30kg - 75kg to a maximum of EUR 50.00 incl. VAT, with a weight of 75kg - 100kg to a maximum of EUR 80.00 incl. VAT, with a weight of 100kg - 140kg EUR 110.00 incl VAT, with a weight of 140kg - 200kg EUR 160.00 incl. VAT, with a weight of 200kg - 350kg EUR 195.00 incl VAT, with a weight of 350kg - 500kg EUR 250.00 incl ., valued. You must only pay for a possible loss of value of the goods if this loss in value is attributable to a handling which is not necessary for you to check the quality, characteristics and functioning of the goods.
The right of revocation does not exist in the following contracts:
Contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods which are not in stock and have been specially ordered for the consumer.
Contracts for the supply of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed or damaged after delivery.
Contracts for the delivery of goods in a sealed package if the seal has been removed or damaged after delivery.
Model withdrawal form
If you want to revoke the contract, please fill out this form and send it back to us.
At
OSD Schenck Automationstechnik GmbH
Ms Sibylle Schenck
Wachhausstraße 5c
D - 76227 Karlsruhe, Germany
Fax +49 (0) 721 / 94327-12
info@osd-schenck.de
I / we (*) hereby revoke the contract for the purchase of the following goods concluded by me / us (*):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Ordered on (*) / received on (*)
__________________________________________________________________
Name of the consumer
__________________________________________________________________
Address of the consumer
__________________________________________________________________
Date Signature of the consumer (s) (only
§ 10 Warranty
1.
In the case of defects of the purchased goods, the legal provisions apply to consumers.
Second
If the customer is a merchant or legal entity under public law, he is obliged to notify open deficiencies without delay, but at the latest within a period of three working days from receipt of the goods. After expiry of this period, the assertion of open defects is excluded.
Third
If a product does not have the agreed nature at the time of the transfer of risk, we can choose whether the defect is eliminated or a replacement product is delivered. As far as we are exchanging parts, they will be transferred to us without compensation.
4th
If the defect removal or replacement delivery fails within a reasonable period, the customer is entitled to reduce the purchase price or to withdraw from the contract, insofar as not only a negligible defect exists. The customer must grant us three attempts to rectify the defect; This does not apply if repeated attempts to rectify the defect are unreasonable in the individual case or if we refuse to rectify the defect without justification or delay it unacceptably.
4th
Except in the case of deliberate cause of the defect by us, the warranty period of new goods with companies is one year, with consumers the warranty period is two years, from delivery of the goods.
5th
§ 10 shall apply mutatis mutandis to claims for damages or expenses.
6th
No claims for defects exist for defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overexertion, improper repair by an unauthorized service partner or by a non-approved modification of the product. The improperness is determined by the manufacturer.
7th
If a defect is wrongfully acknowledged, we are entitled to demand compensation for the expenses incurred.
8th.
If the customer becomes part of a supply chain within the meaning of § 478 BGB (German Civil Code), the rights under Sections 478, 479 BGB remain unaffected. The customer must, however, immediately forward to us the defect complaints addressed to him by his customer.
§ 11 Guarantee
11.1.
Guarantee is a guarantee of performance beyond the statutory warranty and does not affect the provisions of the warranty right according to § 434 ff. BGB (German Civil Code). In principle, we do not guarantee the quality of the products described in the product descriptions.
11.2.
We will only pass on manufacturing guarantees to you with the product and justify no claims against ourselves. You can usually claim the manufacturer directly.
11.3.
As a rule, however, it is sensible to make use of the further manufacturing guarantee in the event of a warranty. In this case, we will forward your purchase item free of charge to the manufacturer for repair or replacement in the course of our obligation to fulfill our obligations.
§ 12 Liability
1.
We are liable for damages caused intentionally and grossly negligently.
Second
In case of simple negligence, we are only liable if we have violated essential contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contract partner was allowed to trust. In addition, we shall be liable for simple negligence if the damage is based on a risk that we can control. In both cases, the damage compensation is limited to the reason and the amount of such damages, the occurrence of which was reasonably foreseeable when the contract was concluded according to the circumstances known at this time. The replacement of pure assets, for example loss of production or lost profit, is limited by the general principles of good faith, for example, if the amount of damages exceeds disproportionately for products.
Third
Irrespective of the fault, we are liable for malicious concealment of a defect or if we have assumed a guarantee.
4th
The personal liability of our legal representatives, vicarious agents and employees for damages which they have caused slightly negligently is excluded.
5th
The limitation of liability of this paragraph does not apply to the violation of life, body and health as well as to claims under the Product Liability Act.
6th
The provisions of this clause shall apply mutatis mutandis to competing offenses.
7th
We are only liable for our own content on the website of our online shop. If we provide access to other websites by means of links, we are not responsible for the contents contained therein. We do not adopt the foreign contents as our own. If we are aware of illegal content on external websites, we will immediately block access to these sites.
§ 13 Transportation damage
If goods are delivered with obvious damage to the packaging or the contents, the customer has to immediately complain to the freight forwarder / freight service without prejudice to his warranty rights and to refuse acceptance and to contact us without delay so that we can protect the rights against the freight forwarder / freight service can. Hidden defects must also be reported to us without notice, also without prejudice to any warranty rights.
§ 14 Forwarding abroad
We would like to point out that the export of goods can be subject to German and foreign legal regulations and reservations of approval by the respective competent authorities and the manufacturer, which the customer has to inform, he wishes to export the products.
§ 15 Other
The law of the Federal Republic of Germany exclusively applies with the express exclusion of the UN purchase law.
For all obligations under the contract, the place of performance is our registered office in 76227 Karlsruhe.
The court of jurisdiction for all disputes arising from the contract shall also be our registered office in 76227 Karlsruhe, if the customer is a merchant or a legal person under public law or has no general jurisdiction in Germany.
Should any provision of these Terms and Conditions be or become invalid, void or impracticable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the one which corresponds to the economic purpose of the parties.