Terms and Conditions
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 the trading platform Ebay, 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
a. 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.
b. b. Sale of goods via the trading platform Ebay.
Of the o.g. Provisions of § 4 a. unaffected offers on the trading platform Ebay. 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.
§ 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
a. 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.
b. b. 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 or purchase contracts concluded using this homepage is Bonn.