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General Terms And Conditions

§ 1 Scope of application
For sale of movable goods by STAHLWERK Schweißgeräte Deutschland e.K. using this homepage as well as via trading platforms, the following general terms and conditions apply, as long as no individual agreements exist.


§ 2. Applicable law and contractual language
The contract language is German only. Another contract language must be expressly agreed. Such an express agreement cannot be made solely by the fact that an employee of STAHLWERK speaks with the customer at his request in another language.


§ 3 Definitions
The terms consumer and entrepreneur as defined in § 13 and 14 of the German Civil Code (BGB) in the version valid as of 13.06.2014. Consumers are, therefore, any natural person who enters into a legal transaction for purposes which cannot be attributed primarily to their commercial or self-employed occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded. A legal person is a company with the capacity to acquire rights and to pay debts.


§ 4 Conclusion of contract and correction of entries


4.1 Sale of goods via the website www.stahlwerk-schweissgeraete.de.
Illustrations of goods, descriptions of the same, including the associated prices of the website www.stahlwerk-schweissgeraete.de , do not constitute binding contractual offers, but require the customer to submit offers. By clicking on the button “pay for payment” on this homepage at the end of the The customer gives a binding purchases offer to the previously indicated total price. Before you can check the correctness of your order, change it or delete it completely by clicking on the Change or delete button. STAHLWERK is entitled to accept or reject an offer from the customer within 7 calendar days after receipt.


4.2 Sale of goods via the trading platform Ebay.
The offers on the trading platform Ebay stay unaffected by the provisions of § 4.1 stated above. To this extent, Ebay´s general terms and conditions of business apply exclusively to the contract conclusion. Specifically, the achievement is according to § 6 of the Ebay-AGB. The following shall apply in particular:
On the Ebay trading platform, you can correct the order at auctions after placing a bid by clicking “Do not confirm” in the next page, but clicking “back” in your browser. Otherwise, a binding contract will be issued if you have placed the highest bid until the auction ends.


In the case of instant purchase offers you can correct your order by clicking on “continue” instead of “confirm” in the next page, click. Click on “next” or “confirm”, a binding contract comes to stand. The buyer can also accept offers for several articles by placing the articles in the shopping cart and completing the immediately following payment process. For the possibilities of the correction applies the previously mentioned.


4.3. Sales of goods via the trading platform AMAZON
The offers on the trading platform AMAZON stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of Amazon.
Please note in particular that an order confirmation does not constitute acceptance of the offer. The acceptance takes place by the dispatch of the commodity.


4.4. Sale of goods via the trading platform HOOD
The offers on the trading platform HOOD stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of HOOD.


4.5. Sale of goods via the trading platform Manomano
The offers on the trading platform Manomano stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of Manomano.


4.6. Sale of goods via the trading platform Check24
The offers on the trading platform Check24 stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of Check24.


4.7. Sale of goods via the trading platform Real
The offers on the trading platform Real stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of Real.


4.8. Sale of goods via the trading platform Rakuten
The offers on the trading platform Rakuten stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of Rakuten.


4.8. Sale of goods via the trading platform Cdiscount.
The offers on the trading platform Cdiscount stay unaffected by the provisions of § 4.1 stated above. In that regard, the terms of the contract are subject to the general terms and conditions of Cdiscount.


§ 5 Reservation of title
Delivered goods remain the property of STAHLWERK until full payment of the purchase price.


§ 6 Manufacturing guarantee
A warranty granted by the manufacturer of the goods, for example, shall remain unaffected by these general terms and conditions. A possible manufacturing guarantee does not limit legal claims.


§ 7 Right of rescission
The statutory right of rescission, which is attributable to the customer, in particular the right of rescission pursuant to § 312 g BGB in conjunction with § 355 BGB, shall remain unaffected by these terms and conditions.


§ 8 Deficiency claims and damages


8.1 Joint arrangements for contracts with all customers, in particular consumers and entrepreneurs.
In the case of a violation of life, body and health, in the case of gross negligence, willful intent, fraudulent or delictual liability as well as in cases which have been used for a building according to their normal use and which have causes deficiency, the legal provisions apply without restriction.
If one of the above – The statutory provisions are restricted as follows:


Compensation claims are excluded, unless a rescission is not considered for practical reasons. In this case claims for damages shall be retained in the statutory scope, but only for entrepreneurs, if not in B. is determined otherwise. Compensation claims are excluded, unless a rescission is not considered for practical reasons. In this case claims for damages shall be retained in the statutory scope, but only for entrepreneurs, if not in B. is determined otherwise.


8.2 Restrictions on contracts with entrepreneurs.
If you did not act exclusively or predominantly in the course of a commercial or self-employed professional activity during the conclusion of the contract, the limitation period for the deficiencies in § 437 No. 1 and No. 3 of the German Civil Code (BGB) is, if not in case of section 437 (1) No. 1 or no. 2 of the German Civil Code (BGB), one year after receipt of the goods.


In case of sales contracts relating to the aforementioned items, the limitation period for the claims named in § 437 No. 2 BGB is two years from receipt of the goods, unless a case of § 438 para. 1 no 1 or no.


Claims for damages on the grounds of simple negligence on the part of STAHLWERK shall be excluded, unless STAHLWERK is responsible for any additional negligence on the part of the person performing the fulfillment and fulfillment of the fulfillment of the contract is permissible cardinal obligations.


Compensations claims are limited to the damage typically incurred in transactions of the present type.


§ 9 Jurisdiction
Exclusive court of jurisdiction for all disputes between STAHLWERK and merchants, legal persons of public law or public special fund within the meaning of § 38 paragraph 1 ZPO is Bonn.


§ 10 Online Dispute Resolution
Platform of the EU Commission regarding online dispute resolution: ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to resolve their disputes.


§ 11 Contract text storage


11.1 Homepage
We save the contract text and send you the order data by e-mail. You can view your past orders in the "Login" section if you have registered as a customer and logged in via the website with your access data.


11.2 Amazon
Amazon stores the contract text and send you the order data by e-mail. Your past orders can be viewed on Amazon in your customer account. We reserve a copy of the contract text.


11.3 eBay
eBay stores the contract text and send you the order data by e-mail. Your past orders can be viewed on eBay in your customer account. We reserve a copy of the contract text.


11.4 Hood
Hood stores the contract text and send you the order data by e-mail. Your past orders can be viewed on Hood in your customer account. We reserve a copy of the contract text.


11.5 Real
Real stores the contract text and send you the order data by e-mail. Your past orders can be viewed on Real in your customer account. We reserve a copy of the contract text.


11.6 Manomano
Manomano stores the contract text and send you the order data by e-mail. Your past orders can be viewed on Manomano in your customer account. We reserve a copy of the contract text.


11.7 Check24
Check24 stores the contract text and send you the order data by e-mail. Your past orders can be viewed on Check24 in your customer account. We reserve a copy of the contract text.


11.8 Rakuten
Rakuten stores the contract text and send you the order data by e-mail. Your past orders can be viewed on Rakuten in your customer account. We reserve a copy of the contract text.


§ 12 Warranty conditions
STAHLWERK Schweißgeräte Deutschland e.K. grants all customers directly from STAHLWERK Schweißgeräte Deutschland e.K. In addition to the statutory warranty claims of the German Civil Code (BGB), electronic welding equipment of the brand Stahlwerk obtains a seven-year durability guarantee within the meaning of § 443 BGB in accordance with the following guarantee conditions


12.1 Warrantor
Guarantor is the company:


STAHLWERK Schweissgeräte Deutschland e.K.
Mary-Anderson-Str. 6
53332 Bornheim
Telefon: +49 (0)228 24331713
Telefax: +49 (0)228 24331723
E-Mail: info@stahlwerk-schweissgeraete.de
www.stahlwerk-schweissgeraete.de


The guarantee must be claimed to the guarantor.


12.2 Personal scope
The warranty applies to entrepreneurs and consumers alike.


12.3 Spatial scope
The guarantee is valid worldwide.


12.4 Material scope
The seven-year guarantee is only valid for electronic welding equipment, plasma cutters, car battery chargers, filter cassettes of the welding helmets and air compressors of the STAHLWERK brand, which were delivered by STAHLWERK Schweißgeräte Deutschland e.K. from 01.01.2020. For equipment delivered by STAHLWERK Schweißgeräte Deutschland e. K. until 31.12.2019 the previous five-year guarantee shall continue to apply, which, except for the shorter guarantee period, has the same content as the current seven-year guarantee.


12.5 Technical scope
The warranty covers all components in the housing of the device. In particular, it refers to the board and the inverter. It does not extend to the housing and its external components and connectors, such as the hose package or grounding pliers. It also does not extend to included accessories that are not used inside the device.


12.6 Content of the warranty claim
The warranty gives you the right to free repair of any damaged parts covered by the warranty.


12.7 Additional power of delivery
STAHLWERK Schweissgeräte Deutschland e.K. is entitled to deliver a new device instead of the repair.


12.8 Replacement authority for discontinued models
If an identical device at the time of assertion of the warranty claim of STAHLWERK welding equipment Germany e.K. or the manufacturer of the device, STAHLWERK Schweissgeräte Deutschland e.K. is entitled to deliver to the customer, in fulfillment of his warranty claim, a device which corresponds fully to the technical requirements of the device and which is equivalent or of higher quality and not identical in construction. Equivalence does not depend on the replacement value at the time of the warranty claim but on the value at the time of purchase.


12.9 Exclusion of further claims, in particular for damages
Further claims under the guarantee do not exist. In particular, there are no claims for damages and, in particular, no compensation for consequential damages.


12.10 Duration and beginning of the warranty
The warranty period is seven years and begins with receipt of the goods. Example: Receipt of the goods on 30.06.2020. Start of the guarantee period: 30.06.2020. End of the guarantee period: 29.06.2027.


12.11 Relationship to legal claims
The guarantee applies in addition to the statutory warranty claims. These are not limited by the warranty in any way.


12.12 Assertion
The warranty is to be asserted by sending the repair request in writing to STAHLWERK Schweißgeräte Deutschland e.K. and the device is sent to STAHLWERK Schweißgeräte Deutschland e.K. is sent. To maintain the warranty period (= end of the warranty period, see above section 10), the receipt of the request for repair in writing within the warranty period, if the goods in the STAHLWERK Schweissgeräte Deutschland e.K. within one week of the end of the warranty period.


12.13 shipping costs
The costs of shipping to STAHLWERK Schweißgeräte Deutschland e.K. bears the customer. The costs of the return shipment from the manufacturer STAHLWERK Schweißgeräte Deutschland e.K. STAHLWERK contributes to the customer.


If the Buyer's registered address at the time of the guarantee case differs from its registered address at the time of purchase, and if the registered address at the time of the guarantee case is not in a member state of the European Union, Norway or Switzerland, Stahlwerk shall only bear the costs of return shipment that would be incurred if a return shipment were made to the Buyer's registered address at the time of conclusion of the purchase agreement. Due to the additional costs Stahlwerk may make the return shipment subject to prior reimbursement by the buyer.


12.14 Exclusion of warranty
The guarantee is excluded if the defect was caused by improper handling of the device. The guarantee is excluded in particular if the defect is due to the fact that the customer has not observed the instructions for use or has carried out repair work inside the device himself. The warranty is also excluded if the defect was caused by an accidental external event.


§ 13 right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.


The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In the case of a contract for several goods, which you have ordered in a single order and which are delivered separately, the period of revocation begins on the day on which you or a third party named by you, who is not the carrier, the last goods in Have taken possession or has.


In the case of a contract for the delivery of a good in several partial shipments or pieces, the revocation period begins on the day on which you or one of you named
Third party who is not the carrier, who has or has taken possession of the last partial consignment or the last item.
To exercise your right of withdrawal, you must contact us:


STAHLWERK Schweissgeräte Deutschland e.K.
Telefon: +49 (0)228 24331713
E-Mail: info@stahlwerk-schweissgeraete.de
Telefax: +49 (0)228 24331723
www.stahlwerk-schweissgeraete.de
Mary-Anderson-Str. 6
53332 Bornheim
Deutschland

by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use a sample withdrawal form for this, but it is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.


13.1 Consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and no later than 14 days from the day on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transactions, unless otherwise expressly agreed with you; in no case will we charge him for these repayment charges.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to return or hand over the goods immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract to:
STAHLWERK Schweissgeräte Deutschland e.K.
Mary-Anderson-Str. 6
53332 Bornheim
Deutschland

The deadline is met if you send the goods before the deadline of 14 days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

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