General terms and conditions
(as of 15/07/2014)
(as of 15/07/2014)
By placing an order, you make a binding offer to us to enter into a contract with you. We can accept this offer by e-mailing you an order confirmation or by delivering the purchased goods. First we will send an e-mail to your specified e-mail address confirming that we have received your order (order confirmation). However, a purchase contract is only formed when we send you an e-mail to confirm that we have accepted your order, or when we send you the purchased goods.
When ordering from our online shop, the order process comprises different steps. The first step is to select the desired goods. Second, you enter your customer information, including billing address and delivery address (if different). Third, you choose how you want to pay. Finally, you have the opportunity to verify all information (e.g. name, address, payment method, goods ordered) and make corrections if necessary before confirming your order and sending it to us.
Orders and as a result deliveries are possible to territory of the European Union. Deliveries to an address outside the European Union are not possible.
Except as noted otherwise, contract language is German.
We store the text of your order. You can print this text before sending your order to us by clicking "Print" in the final step of the order process. We also send an order confirmation with details of our cancellation policy to your specified e-mail address.
3.1) Payment on account
When purchasing on account, the invoice total is due on the calendar day specified on the invoice (20 or 30 calendar days after the invoice date) for payment to our external partner, Billpay GmbH – www.billpay.de/endkunden/. The payment on account option may not be available with all orders and will involve a credit check by Billpay GmbH, among other things. If a customer is given the option to pay for certain orders on account (following a successful credit check), the payment is processed in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can only discharge the debt by paying Billpay GmbH. We remain responsible for general customer enquiries in the event of payment on account through Billpay (e.g. enquiries regarding the goods, delivery times and shipping), as well as returns, complaints, notices of cancellation and return of cancelled goods, or credit notes. The General Terms and Conditions of Billpay GmbH apply – www.billpay.de/allgemein/datenschutz/ .
3.2) Payment by direct debit; processing fee for returned direct debits
a) When purchasing goods for payment by direct debit, the amount payable is due immediately and will be collected by our external partner, Billpay GmbH – www.billpay.de/endkunden/ – from the current account specified in the order process at the specified bank (the current account).
You hereby authorise Billpay GmbH to collect – by direct debit from the current account – such payments as are due as a result of your purchase by this payment means. You may cancel this authorisation at any time.
If your current account contains insufficient funds, your bank is not obliged to honour the payment. Partial payments cannot be made by direct debit.
b) The option to pay by direct debit is not available with all orders and is always based on a successful credit check by Billpay GmbH. If a customer is permitted to pay for certain orders by direct debit following a credit check, the payment is processed in cooperation with Billpay GmbH, to whom we assign our payment claim. We remain responsible for general customer enquiries in the event of payment on account through Billpay (e.g. enquiries regarding the goods, delivery times and shipping), as well as returns, complaints, notices of cancellation and return of cancelled goods, or credit notes. The General Terms and Conditions of Billpay GmbH apply.
c) By entering your current account details, you confirm that you are authorised to set up direct debits on the current account and that you will ensure that the account contains sufficient funds. Returned direct debits involve considerable cost and effort for us and Billpay GmbH.
In the event of a direct debit being returned (due to lack of funds in the current accounts, the expiry of the current account or unauthorised objection of the account holder), you authorise Billpay to submit the debit note one more time. In this case you must pay a processing fee of EUR 12.00 per returned direct debit. Further claims reserved.
You will be given the opportunity to furnish proof that lower costs or no costs were incurred as a result of the direct debit being returned. In view of the effort and the costs involved with returned direct debits, and in order to avoid incurring a processing fee, we would urge you not to object to the direct debit if you cancel or withdraw from a purchase contract, return goods or lodge a complaint. Get in touch with us in any of these cases, so that we can instead reimburse the payment by bank transfer or credit note.
3.3) Payment by PayPal
When paying for goods through a PayPal account, the payment/debit will be taken from the PayPal account you have signed in to. The PayPal User Agreement applies to the processing of such payments.
The PayPal User Agreement also applies in the event of any returned debits.
a) If you are a consumer, we retain ownership of the purchased goods until the invoice amount has been paid in full. If you are a businessperson in the exercise of your commercial or self-employed business activity, a corporate body under public law or a special fund under public law, we retain ownership of the purchased goods until all outstanding debts from the business relationship with the purchaser have been settled. The corresponding security interests may be transferred to third parties.
b) The purchaser shall have the right to offset counterclaims only if such counterclaims have been legally established or if they are undisputed or acknowledged by us. Furthermore, you shall have a right of retention only if your counterclaim is based on the same contractual claim.
c) If the purchaser defaults on any payment obligations, all outstanding debts shall immediately fall due. In this case, the customer can only discharge the debt by paying Billpay GmbH. We remain responsible for general customer enquiries in the event of payment on account through Billpay (e.g. enquiries regarding the goods, delivery times and shipping), as well as returns, complaints, notices of cancellation and return of cancelled goods, or credit notes. The General Terms and Conditions of Billpay GmbH apply.
All prices are total prices, they include VAT.
The Purchaser bears the costs of return shipment.
For possible loss in value the Purchaser is accountable only, if the loss in value is caused by improper use, which is not required for a check of the condition, qualities and functionality of the goods.
Unless otherwise stated in the offer, the goods will be shipped to orders with address in Federal Republic of Germany within 3 working days of payment being received. For orders with address outside Federal Republic of Germany but within the European Union the goods will be shipped within 5 working days.
Payment can be made either on account, by direct debit or by PayPal. In the former two cases, the customer can only discharge the debt by paying Billpay GmbH. We remain responsible for general customer enquiries in the event of payment on account through Billpay (e.g. enquiries regarding the goods, delivery times and shipping), as well as returns, complaints, notices of cancellation and return of cancelled goods, or credit notes. The General Terms and Conditions of Billpay GmbH and the PayPal User Agreement apply.
The warranty is based on the statutory provisions.
We collect, store and process data in accordance with the statutory regulations during the initiation, conclusion, performance and termination of a purchase contract. When you visit our website, a log is made of your computer's current IP address, the date and time, your computer's browser type and operating system and the pages you visited. However, this does not enable us to access any personally identifiable information, nor are we interested in accessing such information.
The personal data you provide when placing an order or in an e-mail (e.g. your name and contact details), will only be used for correspondence with you and will only be processed for the purposes for which it was disclosed. We only forward your details to the shipping company contracted to make the delivery insofar as this is necessary for the goods to be delivered. In order to process payments we forward your payment details to the bank instructed with the payment.
We assure you that we will not pass on any of your personal data to third parties unless we are obliged to do so by law or you have given us your express consent. Insofar as we cooperate with service providers for the realisation and handling of data processing, we ensure compliance with the provisions of the Federal Data Protection Law.
Personal data provided to us through our website will only be stored until the purpose for which you disclosed it is served. Insofar as commercial and fiscal safekeeping periods have to be complied with, the storage duration for some data may be up to 10 years.
If you no longer wish to have your personal data stored, or if the information is no longer accurate, we will ensure that your data is deleted or corrected, upon receiving your instructions to this effect (assuming that this is permitted by law). We will send you details of any personal data we hold in connection with you upon request. If you have any questions on the collection, processing or use of your personal data, and for information, correction, blockage or deletion of data, please contact:
Schock GmbH, Hofbauerstraße 1, D-94209 Regen, Germany, +49-(0)9921-600-0, email@example.com
Links to other websites
With its ruling of 12 May 1998 - 312 O 85/98 - "Liability for Links", the Regional Court of Hamburg held that anyone placing a link on a website may share liability for the content of the linked site. According to the Regional Court, this can only be avoided by expressly distancing oneself from such content. We hereby expressly distance ourselves from the content of any linked sites.
German law is exclusively applicable. This choice of law only applies to consumers insofar as it does not limit any legal provisions of the country in which the consumer is domiciled or habitually resides.