Terms of service
Our online shop is hosted by Shopify Inc. Shopify Inc. provides us with the online e-commerce platform to offer you our products and services.
§ 1 Geltungsbereich
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts closed via our online shop,
Schuss & Kette UG (limited liability)
Heinrich-Heine Allee 33
0211 – 8282882
Represented by: Philipp Zomorrodi
and you as our customer as well as the use of our service. The terms and conditions apply regardless of whether you are a customer, business or dealer.
(2) All agreements made between you and us in conjunction with the contract of sale, ensue in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract is applicable.
(4) We do not accept deviating conditions of the customer. This also applies, even if we do not expressly object to their incorporation.
§ 2 The terms and conditions of our online store
§ 3 Allgemeine Bedingungen
We hold the right to withhold service at any time for any reason. You understand that your content (excluding credit card information) may be transmitted unencrypted and may include the following: (a) transmissions over various networks; and (b) changes to accommodate technical requirements for connecting networks or devices. Credit card information is always encrypted when transmitted over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission. The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
§ 4 Vertragsschluss
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a sales contract.
(2) By placing an order in our online store through clicking the button "pay order" you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to cancel your order according to § 3 remains unaffected.
(3) We will immediately confirm the receipt of the order you placed via our online store through e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded, when we accept your order by issuing a declaration of acceptance, or by delivering the ordered items.
(5) We can only fill orders from abroad upon payment of the shipping costs. To discuss the amount of the shipping costs, please send us an e-mail: email@example.com.
(6) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from an acceptance declaration. In this case, a contract does not conclude. We will inform you about this immediately and will refund any payments received without delay.
§ 5 Cancellation right
(1) If you are a customer (i.e. a private individual who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have the right of withdraw your order in accordance with the statutory provisions.
(2) If you, as a customer, make use of your cancellation right according to clause 1, we will cover the costs of the return shipment.
(3) In all other instances, the cancellation right is subject to the rules which are set out in detail in the following section on the cancellation right:
Customers are entitled to a cancellation right in accordance with the following conditions, whereby a customer is any individual person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity:
You have the right to cancel the sales contract concluded with us within fourteen days without providing any reasons.
The cancellation period is fourteen days from the date on which you or a third party appointed by you, other than the carrier, took possession of the last item.
To exercise your cancellation right, you must inform us(Schuss & Kette UG (limited liability), Heinrich-Heine-Allee 33, 40213 Düsseldorf, Germany, Tel. 0211- 8282882, E-Mail: firstname.lastname@example.org) about about your decision to cancel the contract by the means of a clear statement (for example via a letter sent through post, fax or e-mail).
In order to meet the cancellation deadline, sending your notification of the exercise of the cancellation right by the end of the allotted cancellation deadline is sufficient.
Consequences of cancellation
If you cancel the contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different delivery method than the cheapest standard delivery offered by us) immediately and span> no later than within fourteen days of the day on which we receive notification of your cancellation of the contract.
To carry out the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. However, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods.
You must return the items to us immediately or at the latest within fourteen days from the day you inform us of the cancellation of the contract. This period is deemed to have been observed if you send the items before the expiry of the fourteen-day deadline.
Please send the items to:
We will cover the costs or the return shipment.
You will only be liable for any loss of value of the items if this loss of value is due to handling of the items in a manner that is not necessary for testing the quality, properties and function of the items.
- Please do not damage and/or soil the items. Please return the items to us in the original packaging with all accessories and all packaging components. If necessary, please use an additional protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
- Please do not send the goods back to us as freight collect.
- Please note that the aforementioned information is not a prerequisite to the effective exercise of the cancellation right.
-End of the cancellation policy-
(4) The cancellation right does not apply to long-distance sales contracts
(a) for the delivery of goods that were manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their condition or that can rot quickly or whose return deadline has been exceeded,
(b) for the delivery of audio or video recordings or software if you have broken the seal of the delivered data media.
§ 6 Delivery conditions and reservation of advance payment
(1) We are allowed to make partial deliveries as far as this is acceptable to you.
(2) The delivery of the items is carried out via shipping to the delivery address provided by you, unless otherwise agreed.
(3) We deliver only after the receipt of the purchase price including shipping costs (advance payment). The delivery period begins with full payment of the purchase price and shipping costs.
§ 7 Prices and shipping costs
(1) All prices listed in our online store are gross prices including the statutory VAT and include the shipping costs.
(2) If you effectively cancel your order according to § 3, you can demand a refund of paid costs for the shipping of the item(s) according to statutory regulations (see § 3 para. 3 for other consequences of cancellation).
§ 8 Terms of payment, offsetting and the right of retention
(1) The purchase price and shipping costs must be paid before the goods are shipped to you.
(2) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you make complaints or counterclaims from the same purchase contract.
(3) As purchaser you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 9 Retention of ownership
The delivered items remain our property until the purchase price has been paid in full.
§ 10 Warranty
(1) We are liable for material or legal deficiencies of delivered items according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for legal claims on defects is two years and begins with the delivery of the items.
(2) Any vendor warranties given by us on certain items, or manufacturer warranties granted by the manufacturers of certain items apply in addition to claims for material or legal deficiencies within the scope of paragraph 1. Details of the scope of such warranties are specified in the warranty conditions, which may be enclosed to the items.
§ 11 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability, in case of willful and gross negligence, in accordance with the statutory provisions for damages or compensation for unsuccessful expenses.
(2) In other instances, we shall only be liable (unless otherwise stipulated in paragraph 3) in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded in accordance with the regulation in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 12 Copyright
We have copyrights on all pictures, films and texts published in our online store. The use of the pictures, films and texts, is not permitted without our explicit consent.
§ 13 Correctness, completeness and validity of the information
We are not responsible for the correctness, completeness and validity of the information provided on this website. The material on this website is for general information purposes only and should not be relied on as the sole basis for any decision without consulting the primary, more accurate, complete or up-to-date sources of information. Any reliance upon the materials on this website is at your own risk.
This website may contain historical information. Historical information is necessarily not current and is provided for reference purposes only. We reserve the right to change the content of this website at any time, but are not obliged to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
§ 14 Changes in service and prices
The prices of our products are subject to change without prior notice. We reserve the right to change or discontinue the service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or any third party for any changes, price changes, suspension or discontinuance of the service.
§ 15 Products and services
Certain products or services may only be available online. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with your cancellation rights (see below § !!!!). We have made every effort to reproduce the colors and images of our products that appear in the online store as accurately as possible. We cannot guarantee that the color rendering of your computer monitor is correct. We reserve the right, but have no obligation, to limit the sale of our products or services to any person, region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantity of products or services we offer. All product descriptions or product prices are subject to change at any time at our sole discretion without notice. We reserve the right to discontinue products at any time. We do not warrant that the quality of the products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in our service or services will be corrected.
§ 16 Links of third party providers
Certain content, products and services available through our website may contain materials and content from third parties. Third party links on this website may point to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or the accuracy of such content, and we make no warranty or representation regarding any third party materials or websites or any other third party materials, content, products or services. We are not liable for any damages incurred in connection with the purchase or use of any goods, services, resources, content or other transactions involving third party websites. Please read the third party's policies and practices carefully and make sure you understand them before you make a transaction. Any complaints, claims, concerns, or questions regarding third party products must be directed to the third party provider.
§ 17 User comments, feedback and other submissions or correspondence
If you send us certain requested or unrequested submissions (for example, competition entries), creative ideas, suggestions, plans or other materials, online, by email, post or other means (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use such Comments in any medium at any time without limitation.
§ 18 Errors, inaccuracies and omissions
From time to time, our website or service may contain information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice if information on the service or any related website is inaccurate. This also applies after you have submitted your order. We make no commitment to update, change or clarify any information on the service or related websites, including but not limited to pricing information, except as required by law.
§ 19 Prohibited use
§ 20 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany excluding the UN Sales Convention shall apply. If you have placed the order as a customer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law as stated in sentence 1.
(2) If you are a dealer and have your registered office in Germany at the time of ordering, the sole place of jurisdiction is the seller's registered office, Heinrich-Heine-Allee 33, 40213 Düsseldorf. In all other respects, local and international jurisdiction shall be governed by the applicable statutory provisions.
(3) Alternative settlement of disputes: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in dispute resolution proceedings before a customer conciliation board. The competent customer conciliation body is: http://www.verbraucherschlichtung-nrw.de.