Terms and conditions

A. Terms and Conditions
§ 1 Application
§ 2 Conclusion of the contract
§ 3 Prices, Payment
§ 4 Offset, Right to Retain
§ 5 Delivery, Passing of Risk
§ 6 Retention of Title
§ 7 Warranty
§ 8 Liability
§ 9 Applicable law, Jurisdiction
§ 10 Concluding Provision
B. Particular Conditions Online-Shop
§ 1 Application
§ 2 Conclusion of contract
§ 3 Miscellaneous Provisions
C. Consumer Information (non legal entities)
1. Company identity
2. Contract language, storage of the contract
3. Description of goods
4. Purchases (Conclusion of contract)
5. Corrections
6. Warranty, Service
7. Right to withdrawal
8. Delivery time

A. Terms and Conditions

§ 1 Application

(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, drawings, 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 Prices, Payment

(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. For customer orders, prices as quoted on the website of the online store (see Section B) include a value added tax of 19 %.

(2) The purchase price 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 Offset, Right to Retain

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 cooperate 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 and/or to claims from data protection, 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. Particular Conditions Online-Shop

§ 1 Application

The following provisions apply to purchases via the online-shop of EISENBLÄTTER GmbH.

§ 2 Conclusion of contract

(1) In derogation from Part A. § 2 the following stipulations apply to the conclusion of contracts.

(2) The offers on the internet site are non-binding, but an invitation to the customer to make a binding order himself.

(3) Automatically sent emails that confirm the receiving of an order do not constitute the acceptance of the order.

(4) Contracts are binding when expressly confirmed by the vendor.

§ 3 Miscellaneous Provisions

Apart from that the provisions in Part A §§ 3 – 10 apply as well to online purchases.

C. Consumer Information (non legal entities)

1. Company identity

Gerd Eisenblätter GmbH Jeschkenstraße 12d 82538 Geretsried
Germany
Telefon: +49 (8171) 90 82 – 010 Fax: +49 (8171) 90 82 – 210 E-Mail: info(at)eisenblaetter.de

2. Contract language, storage of the contract

For international customers the language of the contract is English.
Apart from these Terms and Conditions, after a purchase no documents with respect to the contract are being stored.

3. Description of goods

A thorough description of the sales goods can be found on the vendor’s internet site.

4. Purchases (Conclusion of contract)

Purchases are made in the Websites Shop. In order to make a purchase, the customer needs to click the ‘Add to cart’ button. He then is lead to the shopping cart. Here he can change and refresh items in his shopping cart.
Next he is required to click the ‘Proceed to Checkout’ button. After entering his contact information and choosing a payment method the purchase is finalized.

5. Corrections

After clicking on the button “Go to shopping cart” the customer can make changes to his order by altering the amount of items, deleting items or using the back arrow of his browser.

6. Warranty, Service

Legal rights on warranty are stipulated in §§ 434 et seq. BGB. Customer Support can be contacted Mondays to Fridays between 09:00 – 12:00 a.m. and 12:30 – 16:30 p.m. CET
Phone: +49 (8171) 90 82 – 010 Fax: +49 (8171) 90 82 – 210 E-Mail: info(at)eisenblaetter.de

7. Right to withdrawal

Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Gerd Eisenblätter GmbH Jeschkenstraße 12d 82538 Geretsried Germany
Phone: +49 (8171) 90 82 – 010 Fax: +49 (8171) 90 82 – 210 E-Mail: info(at)eisenblaetter.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, 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

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use 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. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To
Gerd Eisenblätter GmbH Jeschkenstraße 12d
82538 Geretsried
Germany
Fax: +49 (8171) 90 82 – 210 E-Mail: info(at)eisenblaetter.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale 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), - Date
___________
(*) Delete as appropriate.

8. Delivery time

Goods are delivered in 3 – 5 workdays after payment receipt.

As of: 05/2018