1. Scope of application
The following General Terms and Conditions as amended at the point of time of the order shall exclusively apply to all business relations between Stefan Schnebelt, Windschläger Str. 28, 77652 Offenburg, Germany (operator of the Stefan Schnebelt online shop), hereinafter referred to as shop operator, and the customer. The shop operator will not accept any terms and conditions conflicting with or differing from these General Terms and Conditions and hereby explicitly objects to them. Conflicting terms and conditions of the customer will only become binding, if the shop operator explicitly agrees to them in writing.
2. Order and conclusion of the contract
An order constitutes an offer to the shop operator for the conclusion of a sales contract. Upon receipt of the order, the customer will receive an e-mail confirming the receipt of the order and indicating its details (in particular binding prices) (acknowledgement of order). This acknowledgement of order does not constitute an acceptance of the offer. A sales contract will only be concluded by the dispatch of the product ordered to the customer (accompanied by an advice of dispatch by e-mail) or by sending a separate confirmation of order by e-mail. No sales contract will be concluded on ordered products that are not listed in the advice of dispatch or the confirmation of order.
If the shop operator is not able to deliver the ordered goods without any fault on its part, because the shop operator’s upstream supplier does not meet its contractual obligations, the shop operator will be entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately of the fact that the product ordered is not available. This provision shall not affect the customer’s legal claims.
The shop operator does not offer any products for sale to minors.
Information given by the shop operator on the goods (technical data, dimensions etc.) are approximate guiding values only; they will, in particular, only constitute an agreement or guarantee as to quality, if the information is denoted as such in writing and explicitly by the shop operator.
The shop operator reserves the right to sell goods in commercial quantities only.
3. Terms of payment and retention of title
The prices quoted in our online shop are final prices and include the statutory VAT currently valid in Germany. The amount of invoice becomes due upon acceptance of the order (see item 2 of the General Terms and Conditions).
Depending on the amount of invoice, the customer can pay by transfer, PayPal or credit card. For payment by transfer in advance, the amount of invoice has to be transferred to the shop operators account with Netbank/Augsburger Aktienbank AG (BIC GENODEF1S15), IBAN DE83 2009 0500 0002 5618 67, upon receipt of the confirmation of order. If no payment is received within a fortnight upon receipt of the order, the shop operator will be entitled to cancel the order.
Orders from abroad are payable by PayPal and credit card.
Please note that, in case of delivery to non-EU countries such as Switzerland, USA etc., authorities in the destination country will charge additional duties and fees.
The shop operator will remain proprietor of the goods until complete payment of the invoiced amount.
4. Dispatch and damage in transit
Unless otherwise agreed, delivery will take place from Offenburg to the shipping address indicated by the customer. The goods will be shipped within Germany as insured UPS parcel. The shop operator is entitled to have the delivery carried out by another dispatch company.
If a parcel is damaged by the parcel services in transit, please refuse to accept the parcel and have it returned by the parcel service. We will immediately dispatch the items ordered again.
5. Right of Withdrawal
Right of Withdrawal
You are entitled to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date you or a third party appointed by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you have to inform us,
Stefan Schnebelt Photography
Windschlaeger Str. 28
Phone: 0781 91933455
with the help of an explicit declaration (e.g. with a posted letter, telefax, phone call or e-mail) about your decision to cancel this contract. You can use for it the attached sample withdrawal form which is however not compulsory (Download: Sample withdrawal form).
It is sufficient if you send the information about the exercise of the right of withdrawal before the cancellation period expires in order to keep the cancellation period.
Consequences of the withdrawal
If you cancel this contract we have to pay back to you all payments that we received from you, including the shipping costs (except for the additional costs resulting from your having selected a kind of delivery that is not the standard delivery offered by us, lowest in price) immediately and at the latest within fourteen days from the date on which we received the information on your withdrawal of this contract. For this reimbursement we use the same payment method that you used for the original transaction unless otherwise expressly agreed with you. On no account will there be charges for you due to this reimbursement. We can refuse the reimbursement until we retrieved the goods again or until you proved that you returned the goods, whichever point of time is the earlier one.
You have to return or deliver the goods to us immediately and in any case at the latest within fourteen days from the date on which you inform us about the withdrawal of this contract. The period is kept if you send the goods before the expiration of the period of fourteen days. You will bear the immediate costs of the return of the goods.
You have to pay for the possible loss in value of the goods only if the loss in value can be traced back to your handling the goods in a way not necessary for the checking of the condition, properties and functions of the goods.
6. Warranty and liability
If the goods delivered are defective, the legal provisions will apply. The assignment of the customer’s warranty claims shall be excluded.
Unless otherwise provided hereinafter, more far-reaching claims of the customer (on whatever legal ground) shall be excluded. The shop operator shall not be liable for damage created not to the delivered item itself; in particular, the shop operator shall not be liable for lost profit or any other financial loss caused to the customer. To the extent to which
the shop operator’s contractual liability is excluded or limited, this will also apply to the personal liability of employees, representatives and vicarious agents.
This limitation of liability above shall not apply if the cause of damage is due to intent or gross negligence or personal injury is concerned. If the shop operator violates a material contractual duty by negligence, the liability to compensate will be limited for property damage to the typical contractual damage to be expected that generally does not exceed the purchase price of the goods ordered.
If subsequent performance took place by means of replacement delivery, the customer will be obliged to return the goods delivered first to the shop operator within 30 days at the shop operators expense. Defective goods have to be returned in accordance with legal provisions.
7. Alternative dispute resolution
The EU Commission has provided a platform for out-of-court disputes. It is available at http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
8. Data privacy
9. Governing law and jurisdiction
The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
If the buyer is a merchant, legal person under public law or a special federal fund, 77652 Offenburg is deemed the sole place of jurisdiction for all legal disputes resulting from and in conjunction with this contractual relationship.
10. Final clause
Should one or several provisions of these General Terms and Conditions be ineffective, this will not result in the ineffectiveness of the entire contract. The ineffective provision will be replaced by the appropriate legal provision.
Offenburg, February 2017