General terms and conditions
A. General Terms and Conditions
§ 1 Scope of use
§ 2 Conclusion of the contract
§ 3 Payment terms
§ 4 Set-off, retention
§ 5 Delivery, passing of risk
§ 6 Retention of title
§ 7 Warranty
§ 8 Liability
§ 9 Place of jurisdiction and applicable law
§ 10 Final provisions
B. Special Conditions of the Online Store
§ 1 Scope of use
§ 2 Conclusion of the contract
§ 3 Other terms
C. Consumer information
1. Identity of the entrepreneur
2. Storing the text of the contract, contract language
3. Key characteristics of the goods
4. Technical steps leading to the conclusion of the contract
5. Technical means for identifying and correcting input errors
6. Customer service, warranty
7. Information concerning the right of withdrawal
8. Exclusion of the right of withdrawal
9. Information concerning delivery and delivery times
10. Payment methods
11. Dispute resolution platform of the European Commission
A. General Terms and Conditions
§ 1 Scope of use
(1) These general conditions of sale of Gerd Eisenblätter GmbH, Jeschkenstrasse 12d, 82538 Geretsried, Germany (hereinafter EISENBLÄTTER GmbH) apply exclusively. Deviating or conflicting terms are not recognized by EISENBLÄTTER GmbH unless the latter has expressly accepted them.
(2) Unless otherwise specified in particular contexts, these general conditions of sale apply to all customers, regardless of whether they are entrepreneurs (§ 14 BGB (German Civil Code)), legal persons under public law or a special fund under public law as defined in § 310 para. 1 BGB or consumers (§ 13 BGB).
(3) If the client is an entrepreneur, these general conditions of sale also apply to all future business transactions between EISENBLÄTTER GmbH and the customer. These general terms and conditions also apply if EISENBLÄTTER GmbH delivers the goods in awareness of deviating or conflicting terms.
§ 2 Conclusion of the contract
(1) Provided that the order constitutes an offer as defined in § 145 BGB, EISENBLÄTTER GmbH is able to accept it within a week in case of mail orders or within a term of three business days in other cases.
(2) Orders and order acceptance shall be in text form; an exception to this rule applies for transactions initiated via the online store (see Section B), which do not require text form.
(3) EISENBLÄTTER GmbH reserves ownership and copyrights to the Illustrations, draw-ings, calculations and other documents belonging to them. This also applies to written documents designated as ”confidential”, which must not be passed on to third parties by the customer without prior express written approval.
§ 3 Payment terms
(1) Prices quoted by EISENBLÄTTER GmbH do not include packaging and shipping costs, unless otherwise expressly agreed upon. Further, prices as quoted to entrepreneurs are to be understood as not including value added tax, whereas prices as quoted to customers are to be understood as including value added tax.
(2) The purchase price becomes payable upon conclusion of the contract. EISENBLÄTTER GmbH reserves the right to offer payment on invoice to regular customers. In this case, the purchase price is due 14 days after billing. If the client is an entrepreneur, a late payment interest at a rate of 9 % above the respective base rate p.a. will be charged after the due date. Claims for further damages caused by the delay remain unaffected.
§ 4 Set-off, retention
The buyer shall be entitled to offset only to the extent that his counterclaims stem from the same contractual relationship or are recognized, undisputed, or final and absolute under court decision. Any claims for retention rights by the buyer may be based only on counterclaims stemming from the same contractual relationship.
§ 5 Delivery, passing of risk
(1) Delivery requires a timely and orderly performance of the obligations by the buyer. The defense of unperformed contract remains reserved.
(2) When shipping the goods per the buyer’s request, the risk of accidental destruction and accidental deterioration of the goods is transferred to the buyer at the time of dispatch. This does not apply if the customer is a consumer. In this case the risk is passed on to the consumer upon delivery of the goods.
(3) In case of default in acceptance or another culpable violation of duties to co-operate by the buyer, EISENBLÄTTER GmbH is entitled to compensation for the resulting damage, including any additional expenses. Any further claims remain reserved. The risk of accidental destruction or damage to the goods is in this case transferred to the buyer upon default in acceptance.
§ 6 Retention of title
(1) If the buyer is a consumer, the goods remain the property of EISENBLÄTTER GmbH until all payments from the sales contract have been fully received by EISENBLÄTTER GmbH. If the buyer is an entrepreneur, the goods remain the property of EISENBLÄTTER GmbH until all payments from the business relationship have been fully received by EISENBLÄTTER GmbH. If the buyer has breached the contract, including payment default, EISENBLÄTTER GmbH has the right to take back the goods.
(2) The buyer shall be obliged to handle the goods carefully, insure them appropriately and maintain them as necessary.
(3) To the extent that the purchase price has not been fully paid, the buyer shall be obliged to give immediate written notice to EISENBLÄTTER GmbH if the goods are encumbered with the rights of third parties or otherwise become subject to intervention by third parties.
(4) The buyer, if he is an entrepreneur, is in the ordinary course of business entitled to further sale of goods which are subject to retention of title. In this case, however, he assigns, at this point, to EISENBLÄTTER GmbH all claims from such further sale, regardless of whether it occurred prior to or after possible processing of the goods delivered under retention of title. Regardless of the power of EISENBLÄTTER GmbH to collect the respective claim, the buyer still has the right to collect the claim after assignment. In this regard, EISENBLÄTTER GmbH is obligated not to collect the claim, if and as far as the buyer fulfills his payment obligations, no filing for bankruptcy or similar proceedings has been made and the buyer has not ceased payments.
(5) EISENBLÄTTER GmbH accepts the above assignments.
(6) To the extent that the above securities exceed the claims to be secured by more than 10 %, EISENBLÄTTER GmbH is obligated to release the securities according to the selection made by EISENBLÄTTER GmbH at the request of the buyer.
§ 7 Warranty
(1) If the customer is an entrepreneur or merchant, the following warranty regulations apply:
(a) The goods are to be immediately examined for quality and quantity deviations, and obvious defects shall be reported to EISENBLÄTTER GmbH within two weeks after receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely return of the product or a timely communication shall suffice to comply with the time limit. If the buyer is a merchant, an additional precondition for any warranty claim is the buyer‘s compliance with his obligation of inspection, notification and rejection in accordance with § 377 HGB (German Commercial Code).
(b) Warranty claims can be asserted within 12 months after the transfer of risk.
(c) If the goods are defective, the buyer has a right to cure by rectification of the defects or to delivery of defect-free goods. If the cure fails, the buyer is entitled to reduce the purchase price or revoke the contract.
(2) If the client is a consumer, the warranty claims are governed by §§ 434 et seq. BGB.
§ 8 Liability
(1) Where the client claims damages based on intent or gross negligence, including intent or gross negligence by its representatives or persons used to perform its obligations, EISENBLÄTTER GmbH is liable in accordance with the statutory provisions. In minor cases of negligent breach of duty, liability is limited to the foreseeable, typical contractual, direct average damages depending on the type of goods. This also applies to minor cases of negligent breach of duty by the legal representatives or persons used to perform obligations on behalf of EISENBLÄTTER GmbH.
(2) EISENBLÄTTER GmbH is not liable for minor cases of negligent breach of inessential contractual obligations. EISENBLÄTTER GmbH is however liable for violations of essential contractual legal positions of the customer. Essential contractual legal positions are those which the contract must provide to the client according to the contractual content and purpose. EISENBLÄTTER GmbH is also liable for the breach of obligations whose fulfillment is a prerequisite for enabling proper execution of the contract and on whose compliance the purchaser can rely.
(3) The above liability restrictions shall not apply to claims by the client stemming from guarantee and/or product liability, nor in cases of bad faith, breach of essential contractual obligations or body and health damages or the loss of the customer‘s life which are ascribable to EISENBLÄTTER GmbH.
(4) Unless otherwise stipulated above, liability is excluded.
§ 9 Place of jurisdiction and applicable law
(1) This contract is governed by the laws of Germany (excluding the UN sales law). If the contract partner is a consumer, applicable statutory provisions of the country of residence or origin of the contract partner for consumer protection remain unaffected.
(2) If the customer is a merchant, the place of jurisdiction is the registered office of EISENBLÄTTER GmbH; EISENBLÄTTER GmbH is however also entitled to suing the customer at the court of his place of residence.
(3) If the customer is a merchant, the place of delivery is the registered office of EISENBLÄTTER GmbH.
§ 10 final provisions
If, for any reasons, any of the aforesaid terms are not applicable, this will not affect the validity of the remaining terms.
B. Special Conditions of the Online Store
§ 1 Scope of use
The following conditions apply for products purchased via the online store of EISENBLÄTTER GmbH.
§ 2 Conclusion of the contract
By way of derogation from section A. § 2, the following terms apply for the conclusion of the contract: The offers on the internet page do not represent a binding offer for the conclusion of a contract, but rather an invitation to the customer to make an offer.
The automatic email reply confirming receipt of the order does not constitute acceptance of the offer. The contract is concluded by EISENBLÄTTER GmbH confirming the conclusion of the contract via email within three business days..
§ 3 Other terms
Apart from the aforesaid, the regulations stipulated in Section A § 1and §§ 3 – 10 also apply
for online sales.
C. Consumer information
1. Identity of the entrepreneur
Gerd Eisenblätter GmbH
Jeschkenstraße 12d
82538 Geretsried
Germany
Telefon: +49 (8171) 90 82 – 010
E-Mail: info(at)eisenblaetter.de
2. Storing the text of the contract, contract language
The text of the contract is stored by the seller.
The contract language is German.
3. Key characteristics of the goods
The key characteristics of the goods offered can be taken from the respective product pages.
4. Technical steps leading to the conclusion of the contract
The individual technical steps leading to the conclusion of the contract are the following: To submit an offer, the customer first clicks on an offer with the mouse and activates the “Add to Cart“ button. Then the customer clicks on the “check out“ button. Here he can log in with an existing username and continue with the order.
Before submitting his order, he sees an overview of the information in his order. Here he has opportunity to check his order for input errors and to remove unwanted items. The order will be sent to the seller by clicking the “[bitte einfügen]“ button. By clicking this button, the client submits a binding offer for conclusion of a purchase contract with respect to the goods he has selected. The contract is thus concluded not by clicking this button but only through order confirmation sent by the seller within 3 working days.
5. Technical means for identifying and correcting input errors
Prior to the binding submission of an order, the client can always correct his entries using the usual keyboard and mouse functions. In addition, prior to the binding submission of the order, all entries will be shown in an overview, where they can also be corrected using the usual keyboard and mouse functions.
6. Customer service, warranty
The statutory liability for defects is applicable. For consumers, it is governed by §§ 434 et seq. BGB.
Customer service is available Monday through Friday:
08:00 - 12:00 to 12:30 - 16:30
Telefon: +49 (8171) 90 82 – 010
Fax: +49 (8171) 90 82 - 210
E-Mail: info(at)eisenblaetter.de
7. Information concerning the right of withdrawal
Consumers are entitled to withdrawal as follows:
Notification regarding withdrawal
8. Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are not ready-made or for the production of which an individual selection or instruction by the consumer is required or which are obviously customized to meet the personal needs of the consumer; in addition, it does not apply to contracts for the delivery of perishable goods or goods whose expiration date would soon be exceeded.
9. Information concerning delivery and delivery times
Delivery of an item to the customer takes about 3 to 5 business days upon receipt of payment on the seller’s account.
Delivery is made by parcel service to the address specified by the buyer.
10. Payment methods
The client may pay with the following payment methods: Invoice, Bankpayment,PayPal, Cash on Delivery.
11. Dispute resolution platform of the European Commission
The European Commission operates a platform for resolution of online disputes. Consumers may use it to resolve online disputes. The platform can be found at the following link: www.ec.europa.eu/consumers/odr.