Terms of service
General Terms and Conditions
1) SCOPE
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Josef Schmitt Werkzeug GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC 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) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in 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 in relation to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five working days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which 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 sending 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 his declaration of intent.
2.4 German and English are available for the conclusion of the contract.
2.5 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address he provides 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 by 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. This does not apply to entrepreneurs.
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 members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) PRICES AND PAYMENT CONDITIONS
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are 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 the transfer of money by 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 the transfer of money 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 payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
4.5 If you select a payment method offered via the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following internet address:
https://business.adler1919.eu/zahlungsarten
5) DELIVERY AND SHIPPING CONDITIONS
5.1 Delivery is always at the recipient's expense and risk.
5.2 Goods are delivered by post to the delivery address provided by the customer, unless otherwise agreed.
5.3 Delivery times are always non-binding. Operational disruptions and events of force majeure release us from the delivery obligations entered into.
5.4 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.
5.5 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.6 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.7 For logistical reasons, self-collection is only possible after prior agreement and approval.
6) RESERVATION OF TITLE
6.1 The seller reserves title to the goods delivered to entrepreneurs until all claims from an ongoing business relationship have been settled in full. The goods remain the full property of the seller until the purchase price has been paid in full, including any interest. In addition, 6.3 applies
6.2 The seller retains title to the goods delivered to consumers until the purchase price owed has been paid in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been filed.
7) LIABILITY FOR DEFECTS (WARRANTY)
The seller assumes a warranty for every tool that becomes defective due to material or manufacturing defects. Damage caused by improper handling is excluded from the replacement service. Tools that show natural wear and tear due to long use are excluded from the warranty obligation.
If the purchased item is defective, the provisions of the statutory liability for defects apply. The following applies in deviation from this:
7.1 If the customer acts as a businessperson, the seller has the choice of the type of subsequent performance; For new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims due to defects are generally excluded; the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 The liability limitations and shortening of time limits regulated in the above paragraphs do not apply
to items that have been used for a building in accordance with their usual use and have caused its defectiveness,
to the customer's claims for damages and reimbursement of expenses, and
in the event that the seller has fraudulently concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the recourse claim under Section 445b of the German Civil Code remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8) LIABILITY
The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise regulated in this regard, due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.
9) SPECIAL CONDITIONS FOR REPAIR SERVICES
If the seller is obliged to repair a customer's item according to the content of the contract, the following applies:
9.1 Repair services are provided at the seller's headquarters.
9.2 The seller provides its services personally or through qualified personnel selected by it, as it chooses. The seller can also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.
9.3 The customer must provide the seller with all information required to repair the item, unless the procurement of this information is not part of the seller's obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform him of all circumstances that may be the cause of the fault identified.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier.
9.5 The item is returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's headquarters. At the customer's request, the seller will take out transport insurance for the item.
9.6 The aforementioned regulations do not limit the customer's statutory rights in the event of a purchase of goods from the seller.
9.7 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
10) ADDITIONAL PROVISIONS FOR DEALERS
10.1 Dealers who intend to sell Adler Werkzeug GmbH & Co. KG products in the United States must contact the Seller beforehand and obtain prior approval before proceeding with any sales or distribution in the region.
10.2 Failure to obtain prior approval for selling products in the United States may result in the termination of the dealership agreement and potential legal consequences as determined by Adler Werkzeug GmbH & Co. KG.
10.3 Dealers must comply with all applicable U.S. laws and regulations when selling Adler Werkzeug GmbH & Co. KG products and ensure that all necessary permits and approvals are in place before distribution.
10.4 Adler Werkzeug GmbH & Co. KG reserves the right to modify or revoke dealership rights at its discretion if a dealer does not adhere to these requirements.
These additional provisions are hereby incorporated into the existing General Terms and Conditions and apply specifically to dealers intending to sell in the United States.
11) APPLICABLE LAW
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12) JURISDICTION
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of 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 territory of 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 in any case entitled to appeal to the court at the customer's place of business.
13) ALTERNATIVE DISPUTE RESOLUTION
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.