Terms and Conditions
The Purchase Contract is entered into with
+49 (0)157-533 43 008
– hereinafter „Seller“ –
The Seller sells and delivers on the terms of sale and delivery set forth below.
§ 1 Scope of application
These Terms and Conditions of the company SCHUPPLERSCHWARZ GMBH shall apply to all contracts concluded between a consumer (hereinafter referred to as “Buyer”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. Our deliveries and services are performed exclusively on the basis of these terms and conditions. We expressly object to any counter-confirmations by the Buyer invoking own general terms or purchase conditions.
Deviations from these terms of delivery and payment are valid only when we confirm them in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the schupplerschwarz.com shop and collect them via the “shopping cart” button in a shopping cart. With the “buy now” button, there is a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic acknowledgment of receipt with the subject “Confirmation of your order at STUDIO SCHUPPLERSCHWARZ” by e-mail, in which the order of the customer is listed again and the customer can print out the document using the function “print”. The order of the customer (1) represents the offer to conclude the contract with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the order by the offerer. Here the contents of the order are summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a durable data medium (e-mail or paper). The contract text is stored in compliance with the data protection regulations.
(3) The contractual language is English.
§ 3 Shipment, delivery conditions and charges
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), the prior payment of the purchase price is required.
(2) If the product designated in the customers order is temporarily unavailable, the supplier shall also notify the customer without delay. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the supplier is also entitled to withdraw from the contract. In this case, he will refund any payments already made by the customer without delay.
(3) The customer can make the payment by transfer or PayPal (PayPal PLUS allows to pay by creditcard or direct debit via PayPal)
(4) The payment of the purchase price is payable immediately upon conclusion of the contract.
§ 4 Reservation of proprietary rights
The delivered goods remain the property of the supplier until full payment of the purchase price.
§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of the seller, include the respectively valid VAT.
(2) The added shipping costs shall be indicated to the customer in the order form and have to be payed by the customer. As long as the customer does not exercise any right of revocation.
§ 6 Liability for defects
(1) Should the object of purchase be deficient, statutory provisions shall apply.
If the client makes use of his short-term right to reject the product, he has to return the product at his cost. In case of a defect, the seller must be immediately notified and pays the costs for the return.
The forwarding agent must be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
§ 7 Liability
(1) Customer claims for compensation are impossible. This excludes any damage claims on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In case of infringement of essential contractual obligations, the supplier is only liable for the contract-typical, foreseeable damage, if this is simply caused by negligence. Unless the customer’s claims for damages result from injury to life, body or health.
(3) The restrictions in the paragraphs 1 and 2 shall also apply to the legal representatives and the vicarious agents of the seller if claims are directly asserted against them.
(4) The regulations of the Product Liability law remain unaffected.
§ 8 Privacy
(1) The seller collects data of the customer within the framework of the processing of contracts. The seller respects the particular regulations of the Federal Data Protection law and the Telemedia law. Without the Customer’s consent, the seller will only collect, process or use the Buyer’s stock and usage data, as far as this is necessary for the handling of the contractual relationship and for the use and billing of telemedia.
(2) Without the buyer’s consent, the provider will not use the stated data for purposes of advertising, market or opinion research.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the seller and the buyer, with the exclusion of the UN purchase law and international private law.
(2) If the customer is a trader, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is Coburg.
(3) The contract shall remain binding in the remaining parts of the contract, even if individual points are legally invalid. The statutory regulations occur instead of the ineffective points, if available. To the extent that this would be an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution platform (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute settlement procedure.
Right to Cancel
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us Johanna Marklund, Stephanienstrasse 2b, 76133 Karlsruhe, firstname.lastname@example.org, +49 (0)157-533 43 008 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, phone call, fax or e-mail).You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You have to return or hand back the goods without undue delay and in any case at the latest within fourteen days from the day on which you have informed us of your withdrawal from this contract. The time period is complied with if you dispatch the goods before the expiry of the fourteen-day period.
You will bear the costs for the return yourself, unless the product is defective or damaged. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal not possible in the following cases
Product, that are not prefabricated and that needs to be individually manufactured to the specifications of the customer.
- Products that have been ordered and paid for on Kickstarter.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
+49 (0)157-533 43 008
– We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / for the provision of the following service (*):
– Ordered on (*) / received on (*)
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate