Terms And conditions with Customer Information
1st scope
2. Offers and performance descriptions
3. Order process and contract conclusion
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Reservation of title
8. Guarantee and guarantee
9. Liability
10. Storing the text of the contract
11. Final provisions
1st scope
1.1. For the business relationship between Scherer Engineering GmbH (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from[9:00 UHR] until[18:00 UHR] by calling +43 720 145877 or by email at info(at)scherer-engineering.com
1.3. Consumers within the meaning of these Terms and Conditions shall be any natural person who concludes a legal transaction for a purpose which, for the most part, cannot be attributed to either his or her commercial or self-employed professional activity (§ 13 BGB).
1.4. Different terms and conditions of the customer will not be recognised unless the seller expressly agrees to their validity.
2. Offers and performance descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the seller’s websites do not have the character of any assurance or guarantee.
All offers are valid “as long as the stock lasts” if something else is not noted in the products. Moreover, errors are reserved.
3. Order process and contract conclusion
3.1. The customer can select products from the seller’s range without obligation and use the button[in den Warenkorb] in a so-called shopping cart. Within the basket, the product selection can be changed, for example, deleted. The customer can then use the button within the shopping cart[Weiter zur Kasse] proceed to complete the ordering process.
3.2. About the button[zahlungspflichtig bestellen] the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print via the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase agreement does not materialize until the seller sends the ordered product to the customer within 2 days, hands it over or sends it to the customer within 2 days with a second e-mail, express confirmation of the order or sending the Bill has confirmed.
3.4. Should the seller make a pre-payment possible, the contract will be concluded with the provision of the bank details and payment request. If, despite the due date, the payment has not been received by the seller up to a time of 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the consequence that the order is invalid and The seller does not meet a delivery obligation. The order is then completed for the buyer and seller without further consequences. The item will therefore be made for pre-cash payments for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website are inclusive of applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. Shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery, availability of goods
5.1. If advance payment is agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite a three-time extradition attempt, the seller may withdraw from the contract. Payments made will be refunded to the customer immediately.
5.3. If the product ordered is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product to him. If no comparable product is available or the customer does not want a delivery of a comparable product, the seller may refund any consideration already provided to the customer immediately.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries on certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1. The customer can choose from the available payment methods as part of and before the order process is completed. Customers are informed of the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment cards, payment must be made in advance without deduction.
6.3. Third-party providers are contracted to process payments, e.g. Paypal. Their terms and conditions apply.
6.4. If the due date of payment according to the calendar is determined, the customer is already in default by missing the date. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay interest on arrears does not preclude the sale of further damages by the seller.
6.6. The customer is only entitled to a right to offset if his counterclaims are legally established or recognised by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Reservation of title
Until full payment is made, the delivered goods remain the property of the seller.
8. Guarantee and guarantee
8.1. The warranty is determined by legal requirements.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly delivered. Customers are informed of the warranty conditions prior to the initiation of the ordering process.
9. Liability
9.1. The Following Disclaimers and limitations apply for Damages by the seller without prejudice to the other legal Eligibility Requirements.
9.2. The Seller is liable without restriction, insofar as the Cause Of The damage is based on Wilful Intent or gross Negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent Violation of essential Obligations, the violation of which endangers the Achievement of the Purpose of the contract, or for the violation of Obligations, the Fulfillment of which the proper Execution of the Contract in the first place. And the Customer regularly Trusts to comply with them. In this Case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent Violation of other obligations other than those Mentioned in the preceding Sentences.
9.4. The above limitations of Liability do not apply in the Event of Injury to life, Body and Health, a Deficiency after Taking on a Guarantee of the Nature of the Product and in the event of fraudulently concealed Defects. Liability under the Product Liability Act remains unaffected.
9.5. To The extent that The liability of the Seller is excluded or limited, this also applies to the personal Liability of Employees, Representatives and Vicarious Agents.
10. Storing the text of the contract
10.1. The customer can print the text of the contract before placing the order to the seller by using the printing function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the confirmation of the order, but at the latest at the time of the delivery of the goods, the customer will also receive a copy of the terms and conditions as well as revocation instruction and the instructions on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the text of the contract, but make it inaccessible on the Internet.
11. Final provisions
11.1. The place of court and place of performance is the seat of the seller if the customer is a merchant, a legal entity under public law or a public-law special asset.
11.2. Contract Language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are not prepared and obliged to participate in a dispute resolution procedure before a consumer arbitration board.
