General Terms and Conditions (GTC)

Schuelbe Promotion Service GmbH

(As of: 09/23)

• Scope

These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to all business relationships between us (Schuelbe Promotion Service GmbH, Mühllach 6, 90552 Röthenbach, represented by its managing directors: Andreas Schülbe, Moritz Schülbe and Kathrin Harris) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.

• Contractual agreement

The languages of the contract are German and English.

1.3 Registration

In order to use the full scope of our online shop, it is first necessary to create a customer account. The data required for us to provide our services will be requested. The entries are confirmed by clicking on the ‘save’ button. You will then receive a confirmation email with the information required for login. The registration is only complete once you have logged into our online shop for the first time using this information. The password that gives you access to your personal area must be treated as strictly confidential and must not be passed on to third parties under any circumstances. You must take appropriate and reasonable measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.

1.4 Conclusion of contract

1.4.1 Conclusion of contract via the online shop

The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your details, including your billing address and, if applicable, a different delivery address, unless you have already stored this information 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 the details (e.g. name, address, payment method, items ordered) once again and correct any input errors before confirming your order by clicking on the ‘Place order’ button.

By placing your order, you are making a binding offer to enter into a contract. We will confirm receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by email, fax, telephone, post or by notifying you that the goods have been dispatched. The contract is only concluded upon acceptance. We will store the text of the contract and send it to you in text form (e.g. by email, fax or post) after you have submitted your order, together with these General Terms and Conditions and customer information.

1.4.2 Individual conclusion of contract

Alternatively, the contract is concluded individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an enquiry (e.g. by email or telephone) and we then send you a binding offer, which you can accept within the period specified in the offer. The contract is concluded upon acceptance. We do not store the text of the contract separately; instead, the content of the contract is determined individually by the agreement reached.

2.1 Partial deliveries

We are entitled to make partial deliveries if this is reasonable for you. However, you will not incur any additional shipping costs in the event of partial deliveries.

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 even with the utmost care on our part and for which we are not responsible (this includes, in particular, strikes, official or court orders and cases of incorrect or improper self-delivery despite a corresponding covering transaction) entitle us to postpone delivery for the duration of the hindering event.

2.3 Exclusion of delivery

We do not deliver to PO box addresses.

2.4 Default of acceptance

If you are in default of accepting the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for default or non-performance. During the default of acceptance, you shall bear the risk of accidental loss or accidental deterioration.

2.5 Performance period

Unless expressly agreed otherwise, delivery by us shall take place within 3 days of dispatch.

3.1 Prices and shipping costs

All prices are exclusive of value added tax. In addition, there are the separately stated costs for packaging and shipping, unless collection by you at our place of business has been agreed.

3.2 Default of payment

You will be in default of payment if we do not receive payment within 30 days of receipt of the invoice. In the event of default of payment, interest will be charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you are in default of payment, we reserve the right to charge reminder fees of £5.00. We reserve the right to claim further damages. You retain the right to prove that we have incurred no or less damage.

3.3 Right of retention

You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claims 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 item. In this case, taking back the item does not constitute a withdrawal from the contract, unless we expressly declare this in writing.

5.1 Warranty claim

Statutory warranty rights apply. 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 covered by the warranty claim. In particular, technical and design deviations (e.g. colour, weight, dimensions, design, scale, positioning, etc.) may occur with regard to the descriptions, illustrations and information in our offers, brochures, catalogues, on the website and in other documents, provided that these changes are reasonable for you. Such reasonable reasons for change may arise from customary fluctuations and technical production processes. If guarantees are given in addition to warranty claims, you will find the exact conditions for each product. Possible guarantees do not affect warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.

5.2 Warranty towards consumers

The risk of accidental loss or deterioration of the goods sold is only transferred to you upon delivery of the goods. If you notice that the outer packaging is damaged when it arrives or if you discover damage after receiving the goods, please notify us. However, there is no obligation to notify us, nor does such notification entitle you to any additional rights. If the goods are defective, you may choose to request subsequent performance in the form of repair or replacement within a reasonable period of time. We shall bear the costs of returning the goods to be replaced.

5.3 Warranty towards entrepreneurs

Notwithstanding the statutory warranty provisions, in the event of a defect, we shall, at our discretion, either remedy the defect or deliver a new product. In this case, the risk of accidental loss or deterioration of the item shall pass to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately upon discovery in writing; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.

5.4 Rights in the event of minor defects

In the event of a minor defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.

5.5 Compensation for defects

No warranty is provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.

5.6 Limitation period

For consumers, the statutory limitation periods apply, unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. This does not apply to the right of recourse under Section 478 of the German Civil Code (BGB). The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, limb or health or in cases of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.

6.1 Disclaimer

We, our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfilment is of particular importance for achieving the purpose of the contract) are affected, liability also applies in cases of slight negligence. In this case, liability is limited to foreseeable damage typical for this type of contract. In the case of grossly negligent breaches of non-essential contractual obligations, we shall only be liable to entrepreneurs for the foreseeable damage typical for this type of contract.

6.2 Liability reservation

The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

7.1 Place of jurisdiction

The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our registered office, provided that you are a merchant, a legal entity under public law or a special fund under public law.

7.2 Choice of law

Unless mandatory statutory provisions under your domestic law dictate otherwise, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

7.3 Consumer dispute resolution procedure

The EU Commission has created an internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/.

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

7.4 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.