Terms of Service
1. General information
1.1 Scope of application
These General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract for all business relations between us (Schneider Digital Josef J. Schneider e.K., Maxlrainer Straße 10, 83714 Miesbach, Germany, owner: Mr. Josef J. Schneider) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
Contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB.
1.3 Conclusion of contract
The presentation of the assortment in our online store is initially subject to change and non-binding. The ordering process consists of four steps in total. In the first step you select the desired goods. In the second step, you enter your data including invoice address and, if necessary, a different delivery address, unless you have already entered this in your customer account. In the third step you select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct any input errors before you confirm your order by clicking the button "pay order". With your order you declare your contractual offer binding. We will immediately confirm receipt of your order. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, post or by notification of the dispatch of the goods. The contract is only concluded upon acceptance.
1.4 Storage of the contract text
The text of the contract will be saved by us and sent to you after sending your order together with the present terms and conditions and customer information in text form (e.g. e-mail, fax or by post). However, the text of the contract can no longer be called up by you on the website after you have sent your order. You can use the print function of your browser to print out the relevant website with the text of the contract.
To use the full scope of this website, it is first necessary to create a customer account. In this process, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the information required for a login. Only when you log on to our website with these details for the first time, the registration is complete.
The password, which enables you to access the personal area, must be kept strictly confidential and may not be passed on to third parties under any circumstances. You will take the appropriate and reasonable measures to prevent your password from being disclosed to third parties. A customer account cannot be transferred to other users/customers or other third parties.
1.6 Subsequent change of the terms and conditions
We are entitled to subsequently adapt and supplement the General Terms and Conditions of Business with respect to existing business relationships, insofar as changes in legislation or case law require this or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment of the General Terms and Conditions of Business shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both we and you can terminate the contractual relationship extraordinarily, unless we continue the contractual relationship under the old General Terms and Conditions.
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite the covering transaction), entitle us to postpone the delivery by the duration of the obstructive event.
2.3 Exclusion of delivery
P.O. box addresses will not be delivered.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or non-performance. During the default of acceptance you bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, we will deliver within 5 days. In the case of advance payment, the start of the delivery period is the day after the payment order is issued to the remitting bank or, in the case of payment by cash on delivery or purchase on account, the day after the contract is concluded. The period shall end on the fifth day following this date. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the period shall end on the next working day.
3.1 Prices and shipping costs
All prices are exclusive of value added tax. In addition, the costs for packaging and shipping, which are shown separately in each case, shall be added, unless collection by you at our place of business is agreed.
3.2 Default of payment
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In case of default of payment, interest will be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You have the possibility to prove that we have not incurred any damage or that the damage incurred is less.
3.3 Right of Retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
4. Retention of title
The goods, works and materials delivered by us shall remain our property until all present and future claims arising from the business relationship have been settled in full. You assign to us any claim or compensation you may receive for damage, destruction or loss of these items. Unless otherwise agreed in the following, you are not entitled to sell, give away, pledge or assign by way of security the items delivered to you under reservation of title.
4.2 Attachment and other impairments
If the item subject to the reservation of title is seized or otherwise impaired by third parties, you must notify us immediately so that an action can be filed in accordance with §771 ZPO. If the third party is not able to reimburse the judicial and extrajudicial costs of a lawsuit according to §771 ZPO, you are liable for the loss incurred by us.
You are entitled to resell the reserved goods in the normal course of business. You hereby assign to us the claims of the customer from the resale of the reserved goods in the amount of the agreed final invoice amount (including value added tax). This assignment applies regardless of whether the purchased item has been resold without or after processing. You remain authorized to collect the claim even after the assignment. The authority of us to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in default of payment and in particular no application for the opening of insolvency proceedings has been filed or payments have been suspended.
4.4 Transformation, processing and treatment
The treatment and processing or transformation of the purchased goods by you is always carried out in our name and on our behalf. In this case, your expectant right to the object of purchase continues in the transformed object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of the purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing is done in such a way that your item is to be regarded as the main item, it is agreed that you transfer proportional co-ownership to us and keep the sole ownership or co-ownership thus created for us. In order to secure the claims against you, you also assign to us such claims which accrue to you against a third party through the connection of the reserved goods with a property; we accept this assignment already now.
4.5 Taking back
If you act in breach of the contract, especially in the event of default of payment, but also in the event of an application for insolvency proceedings against your assets, we are entitled to take back the item. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
4.6 Release of securities
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we are obliged to release securities at your request.
5. Warranty with the purchase contract
There are legal warranty rights. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and details in our offers, brochures, catalogs, on the website and other documents, technical and design deviations may occur (e.g. color, weight, dimensions, design, scale, positioning or similar), insofar as these changes are reasonable for you. Such reasonable reasons for changes may result from customary fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
5.2 Warranty claims
In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the item is transferred to you upon delivery to the person designated for transport. You must notify us in writing of obvious defects immediately and of non-obvious defects immediately after discovery; otherwise the assertion of warranty claims is excluded. Timely dispatch suffices to meet the deadline. You shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defects.
5.3 Rights in case of insignificant defects
In case of an insignificant defect, you are only entitled to an appropriate reduction of the purchase price under exclusion of the right of withdrawal.
5.4 Compensation for defects
No warranty is given for damage resulting from improper handling or use. The following disclaimer is expressly referred to.
5.5 Statute of limitations
For used goods the warranty is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, body or health or in case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
6. Maintenance and service
6.1 General information
In accordance with the respective contractual agreement, we also provide maintenance and repair services for delivered goods for a fee beyond the statutory warranty period. Your warranty rights are not affected by this.
Our services include all measures that become necessary due to normal use and the resulting wear of the delivered goods. Our services refer to the place of delivery specified in the written order confirmation.
6.3 Damage to or by third party goods
Defects or damage caused by or to products not supplied by us are excluded from our maintenance and service.
6.4 Right to choose
Within the scope of our maintenance and services, we have the right to choose between repair and replacement of an equivalent new or used product or component.
6.5 Presentation of the services subject to a charge
Details of our services can be found in the respective offer or order confirmation.
7. General information about renting
7.1 Security deposit
We reserve the right to demand an appropriate deposit for the rental.
7.2 Rental period
The agreed rental period begins with the receipt of the rental object by the lessee. The rental period ends with the delivery/receipt of the return of the rental object to us. The return has to take place at the latest by 9:00 a.m. on the agreed return day. The return day will not be charged for the rental payment if the return is made by 9:00 a.m. If you return the rental object to us after 9.00 a.m., additional costs will be charged to you.
7.3 Your obligations as a tenant
You may not sublet the rental object. You may only use the rental equipment in combinations approved by the manufacturer.
The legal warranty rights exist.
8. Provision and return for rental
8.1 Handover protocol
When issuing and taking back the rental object, a handover or return protocol (rental delivery bill) must be completed in full and signed if necessary. These two protocols are part of the rental contract.
8.2 Provision of replacement equipment
If the rental object cannot be provided at the time of handover, we reserve the right to provide a comparable rental object, insofar as this is reasonable for you.
8.3 Fault of the renter
If the rental object is destroyed through your fault or if it is foreseeable that the use of the rental object will be restricted or impossible due to a circumstance for which you are responsible, we can refuse to provide replacement rental objects. In this case, a termination by you according to § 543 II No. 1 BGB is excluded.
8.4 Late return
The regulation of § 545 BGB is expressly not applicable. If you do not return the rented item to us after the agreed period of use has expired or not at the agreed time, we are entitled to demand a usage fee in the amount of the agreed rent for the period of withholding exceeding the contractual period. Any further claims for damages on our part shall remain unaffected. An extension of the rental period is only possible with our express consent in text form. The right to use the rental object only extends to the agreed period of use. Continued use after expiry of the rental period does not lead to an extension of the rental contract, even without our express objection.
8.5 Premature return
The return of the rental object before the end of the agreed rental period shall not result in a reduction of the agreed rent, unless the rental object can be rented out to another party or there is a case of extraordinary termination without notice by you for good cause.
8.6 Condition of return
You undertake to return the rental object to us at the contractually agreed time, cleaned and in a recorded condition (according to the handover protocol). If the rental object is not or insufficiently cleaned upon return, the actual cleaning costs incurred will also be charged.
8.7 Freight collect return shipment
If the rental object is returned by post, you are obliged to pay the shipping costs incurred.
9. Responsibility of the renter
9.1 Proper handling
The rental object shall be handled gently and properly, operated properly and in accordance with the specifications. Furthermore, the lessee shall ensure that the leased item is transported (including return shipment) in suitable transport and packaging material (e.g. the material used for shipment to the lessee). The lessee may
9.2 Scope of liability during the agreed period of use and after expiry of the agreed period of use
You are liable for such damages that go beyond the usual use or wear and tear, if you are responsible for this.
9.3 Obligation to insure
You are obliged to insure the rental object against loss, theft, damage or accidental destruction. The renter is also obliged to take out a transport insurance for the delivery and the return.
10. Purchase of the rental object
10.1 General information
You can purchase the rental object at any time by crediting the rental payments made up to that point.
10.2 Conclusion of contract
The conclusion of the contract takes place individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry. Subsequently, you will receive a confirmation of receipt of your order from us, which, however, does not constitute or confirm an acceptance of the contract. If we agree, you will receive a purchase offer from us, taking into account the purchase price at the time of your order of the rental object. Already paid rents are included. Bach complete painting of the purchase price in advance, you will receive a confirmation of the purchase of the rental property at the end of the rental period.
10.3 Retention of title
The delivered goods remain our property until full payment of the purchase price. You must treat the goods under simple reservation of title with care at all times. You cede to us any claim or compensation you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
11.1 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are affected, will liability also be accepted for gross or slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract.
11.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
12. Final provisions
12.1 Legal venue
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
12.2 Choice of law
As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the UN-purchase right is considered as agreed.
12.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.