General Terms And Conditions

§ 1 Scope of application
The following General Terms and Conditions shall apply to the sale of movable goods by STAHLWERK Schweissgeräte GmbH using this homepage and via the trading platforms eBay, Amazon and Hodd, unless individual agreements exist.

§ 2 Contract language
The contract language is exclusively German. Any other contractual language must be expressly agreed. Such an express agreement cannot be made merely by an employee of STAHLWERK speaking to the Customer in another language at the Customer's request.

§ 3 Definitions
The terms consumer and entrepreneur used below correspond to the legal definitions within the meaning of Sections 13 and 14 BGB in the version applicable since 13 June 2014. Accordingly, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the exercise of their trade, business or profession. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into obligations.

§ 4 Conclusion of contract and correction of entries

4.1 Sale of goods via the homepage .stahlwerk-schweißgeräte.de
Illustrations of goods, descriptions of the same, including the associated price information on the website .stahlwerk-schweissgeraete.de do not constitute binding contractual offers, but rather requests for the submission of offers by the customer. By clicking on the button "order with obligation to pay" on this homepage at the end of the ordering process, the customer submits a binding offer to purchase at the total price shown beforehand. Before doing so, you have the opportunity to check the correctness of your order and to change 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 of receipt

4.2 Sale of goods via the ebay trading platform
Offers on the ebay trading platform remain unaffected by the above provisions of § 4 a.. In this respect, the General Terms and Conditions of ebay apply exclusively to the conclusion of the contract in their material scope of application. Specifically, the conclusion of the contract is governed by § 6 of the eBay General Terms and Conditions. The following applies in particular:
On the eBay trading platform, you can correct the order for auctions after you have placed a bid by not clicking on "confirm bid" on the page that then opens, but by clicking on "back" in your browser. Otherwise, a binding contract will be concluded if you have placed the highest bid by the end of the auction.
In the case of buy-it-now offers, you can correct the order after you have clicked on "Buy now" by not clicking on "Continue" or "Confirm" on the page that then opens, but by clicking on "Back" in your browser. If you click on "continue" or "confirm", a binding contract is concluded. The buyer can also accept offers for several items by placing the items in the shopping basket and completing the immediately following payment process. The above applies to the possibilities of correction.

4.3 Sale of goods via AMAZON.
Offers on the AMAZON trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Amazon apply exclusively to the conclusion of the contract within their material scope of application.
Please note in particular that an order confirmation does not constitute acceptance of the offer. Acceptance takes place when the goods are dispatched.

4.4 Sale of goods via Adeo.
Offers on the Adeo trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Adeo apply exclusively to the conclusion of the contract within their material scope of application.

4.5 Sale of goods via Cdiscount.
Offers on the Cdiscount trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Cdiscount apply exclusively to the conclusion of the contract in their material scope of application.

4.6 Sale of goods via Conrad.
Offers on the trading platform Conrad remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Conrad apply exclusively to the conclusion of the contract within their material scope of application.

4.7 Sale of goods via Galaxus.
Offers on the Galaxus trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Galaxus shall apply exclusively to the conclusion of contracts within their material scope of application.

4.8 Sale of goods via Hood.
Offers on the Hood trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Hood apply exclusively to the conclusion of the contract within their material scope of application.

4.9 Sale of goods via Hornbach.
Offers on the Hornbach trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Hornbach apply exclusively to the conclusion of contracts within their material scope of application.

4.10. Sale of goods via Manomano Germany, Spain, France and Italy.
Offers on the Manomano Germany, Spain, France and Italy trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Manomano apply exclusively to the conclusion of the contract within their material scope of application.

4.11. Sale of goods via Nordwest Handel AG.
Offers on the Nordwest Handel AG trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Nordwest Handel AG apply exclusively to the conclusion of contracts within their material scope of application.

4.12. Sale of goods via Kaufland Germany, Austria, Poland, Slovakia and the Czech Republic.
Offers on the Kaufland trading platform in Germany, Austria, Poland, Slovakia and the Czech Republic remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Kaufland apply exclusively to the conclusion of the contract within their material scope of application.

4.13. Sale of goods via OBI.
Offers on the OBI trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of OBI apply exclusively to the conclusion of the contract in their material scope of application.

4.14. Sale of goods via OTTO Market.
Offers on the OTTO Market trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of OTTO Market apply exclusively to the conclusion of the contract within their material scope of application.

4.15. Sale of goods via Voelkner.
Offers on the Voelkner trading platform remain unaffected by the above provisions of § 4.1. In this respect, the General Terms and Conditions of Voelkner apply exclusively to the conclusion of the contract within their material scope of application.

§ 5 Retention of title
Delivered goods shall remain the property of STAHLWERK until the purchase price has been paid in full.

§ 6 Manufacturer's warranty
Any warranty granted by the manufacturer of the goods shall remain unaffected by these General Terms and Conditions. Any manufacturer's warranty shall not limit any statutory claims.

§ 7 Statutory right of cancellation
Any statutory right of cancellation to which the customer may be entitled, in particular the right of cancellation pursuant to § 312 g BGB in conjunction with § 355 BGB, shall remain unaffected by these General Terms and Conditions.

§ 8 Claims for defects and compensation

8.1 Common regulations for contracts with all customers, in particular consumers and entrepreneurs.
In the event of injury to life, limb and health, gross negligence, intent, fraudulent intent or tortious liability, as well as in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness, the statutory provisions shall apply without restriction.
If one of the above-mentioned cases does not apply, the statutory provisions are limited as follows:
Claims due to a defect are limited to subsequent fulfilment, reduction and withdrawal. Claims for damages are excluded unless cancellation is out of the question for practical reasons. In this case, claims for damages shall remain within the statutory scope, but for entrepreneurs only insofar as nothing to the contrary is stipulated in § 8.2 below.

8.2 Restrictions for contracts with entrepreneurs
If you have acted exclusively or predominantly in the exercise of a commercial or self-employed professional activity when concluding the contract, the limitation period for the claims for defects regulated in § 437 No. 1 and No. 3 BGB for the purchase of movable goods is one year after receipt of the goods, unless a case of § 438 para. 1 No. 1 or No. 2 BGB exists.
In the case of purchase contracts for the aforementioned items, the limitation period for the claims specified in § 437 No. 2 BGB is two years from receipt of the goods, unless a case of § 438 Para. 1 No. 1 or No. 2 BGB exists.
Claims for damages due to simple negligence of a vicarious agent of STAHLWERK shall be excluded unless STAHLWERK is additionally at fault and the vicarious agent has not violated any obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely (so-called cardinal obligations).
Claims for damages are limited to the damage typically incurred in transactions of this type.

§ 9 Applicable law and place of jurisdiction
The exclusive place of jurisdiction for all disputes between STAHLWERK and merchants, legal entities under public law or special funds under public law within the meaning of Section 38 (1) of the German Code of Civil Procedure (ZPO) shall be Bonn.

The law of the Federal Republic of Germany shall apply.

§ 10 Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution at .ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.

§ 11 Storage of the contract text

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

11.2 eBay.
eBay saves the contract text and sends you the order data by e-mail. You can also view your past orders separately in your eBay account.
We retain a copy of the contract text.

11.3 Amazon.
Amazon saves the contract text and sends you the order data by e-mail. You can view your past orders in your Amazon customer account.
We retain a copy of the contract text.

11.4 Adeo.
Adeo saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your Adeo customer account.
We retain a copy of the contract text.

11.5 Cdiscount.
Cdiscount saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at Cdiscount.
We keep a copy of the contract text.

11.6 Conrad.
Conrad saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at Conrad.
We retain a copy of the contract text.

11.7 Galaxus.
Galaxus saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your Galaxus customer account.
We retain a copy of the contract text.

11.8 Hood.
Hood saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at Hood.
We retain a copy of the contract text.

11.9 Hornbach.
Hornbach saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your Hornbach customer account.
We retain a copy of the contract text.

11.10 Manomano Germany, Spain, France and Italy.
Manomano Germany, Spain, France and Italy saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at Manomano Germany, Spain, France and Italy.
We retain a copy of the contract text.

11.11 Nordwest Handel AG.
Nordwest Handel AG saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at Nordwest Handel AG.
We retain a copy of the contract text.

11.12 Kaufland Germany, Austria, Poland, Slovakia and the Czech Republic.
Germany, Austria, Poland, Slovakia and the Czech Republic saves the text of the contract and sends you the order data by e-mail. You can view your past orders with Germany, Austria, Poland, Slovakia and the Czech Republic in your customer account.
We retain a copy of the contract text.

11.13 OBI.
OBI saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at OBI.
We retain a copy of the contract text.

11.14 OTTO Market.
OTTO Market saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your customer account at OTTO Market.
We retain a copy of the contract text.

11.15 Voelkner.
Voelkner saves the text of the contract and sends you the order data by e-mail. You can view your past orders in your Voelkner customer account.
We keep a copy of the contract text.

§ 12 Guarantee conditions
STAHLWERK Schweissgeräte GmbH grants all customers who purchase electronic welding equipment of the Stahlwerk brand directly from STAHLWERK Schweissgeräte GmbH, in addition to the statutory claims for defects under the German Civil Code (BGB), a seven-year durability guarantee within the meaning of § 443 BGB in accordance with the following guarantee conditions.

12.1 Warrantor
The guarantor is the company:
STAHLWERK Schweissgeräte GmbH
Mainstraße 4
DE-53332 Bornheim
Telephone: +49 (0)228 24331713
Fax: +49 (0)228 24331723
E-mail: info@stahlwerk-schweissgeraete.de
www.stahlwerk-schweissgeraete.de

The guarantee must be asserted against the guarantor.

12.2 Personal scope of application.
The guarantee applies equally to entrepreneurs and consumers.

12.3 Territorial scope of application.
The guarantee applies worldwide.

12.4 Material scope of application.
The seven-year warranty only applies to electronic welding equipment, plasma cutters, vehicle battery chargers, filter cartridges for welding helmets and air compressors of the STAHLWERK brand that were delivered by STAHLWERK Schweißgeräte GmbH from 1 January 2020. For devices delivered by STAHLWERK Schweißgeräte GmbH up to 31 December 2019, the previous five-year warranty shall continue to apply, which has the same content as the current seven-year warranty except for the shorter warranty period.

12.5 Technical scope of application.
The guarantee covers all components in the housing of the appliance. In particular, it applies to the circuit board and the inverter. It does not cover the housing and its external components and connecting parts, such as the hosepack or the ground clamp. It also does not extend to accessories supplied that are not used inside the appliance.

12.6 Content of the warranty claim.
The warranty entitles the customer to free repair of any damaged parts covered by the warranty.

12.7 Authorisation to make subsequent deliveries.
STAHLWERK Schweissgeräte GmbH is authorised to deliver a new device instead of repair.

12.8 Replacement authorisation for discontinued models.
If an identical device is no longer sold by STAHLWERK Schweissgeräte GmbH or the manufacturer of the device at the time the warranty claim is asserted, STAHLWERK Schweissgeräte GmbH shall be entitled to supply the customer with an equivalent or higher quality device that does not meet the technical requirements of the device in fulfilment of the customer's warranty claim. Equivalence is not determined by the replacement value at the time of the warranty claim, but by the value at the time of purchase.

12.9 Exclusion of further claims, in particular for damages.
There are no further claims under the guarantee. In particular, there are no claims for damages, especially not for compensation for consequential damages.

12.10 Duration and commencement of the guarantee.
The warranty period is seven years and begins upon 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 statutory claims.
The guarantee applies in addition to the statutory claims for defects. These are in no way restricted by the guarantee.

12.12 Assertion.
The warranty must be asserted by sending the repair request in text form to STAHLWERK Schweissgeräte GmbH and by sending the device to STAHLWERK Schweissgeräte GmbH. In order to comply with the warranty period (= end of the warranty period, see section 10 above), receipt of the repair request in text form within the warranty period is sufficient if the goods are subsequently received by STAHLWERK Schweissgeräte GmbH within one week of the end of the warranty period.

12.13 Shipping costs.
The costs of shipping to STAHLWERK Schweißgeräte GmbH shall be borne by the customer. The costs of the return shipment from the manufacturer STAHLWERK Schweißgeräte GmbH to the customer shall be borne by STAHLWERK.
If the Purchaser's registered office at the time of the warranty claim differs from its registered office at the time of purchase and if the registered office at the time of the warranty claim is not located in a member state of the European Union, Norway or Switzerland, Stahlwerk shall only bear the costs of the return shipment which would be incurred if the goods were returned to the Purchaser's registered office at the time of the conclusion of the purchase contract. Due to the additional costs, Stahlwerk may make the return shipment dependent on prior reimbursement by the Buyer.

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

§ 13 Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
To exercise your right of cancellation, you must inform us:

STAHLWERK Schweissgeräte GmbH
Mainstraße 4
DE-53332 Bornheim
Telephone: +49 (0)228 24331713
Fax: +49 (0)228 24331723
E-mail: info@stahlwerk-schweissgeraete.de
www.stahlwerk-schweissgeraete.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use a sample cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

13.1 Consequences of cancellation.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any repayment fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return the goods immediately and in any case no later than 14 days from the date on which you inform us of the cancellation of this contract to.
STAHLWERK Schweissgeräte GmbH
Mainstraße 4
DE-53332 Bornheim

or to hand it over. The deadline is met if you dispatch the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.