Terms and conditions

Allgemeine Geschäftsbedingungen der Gaßner & Scheibel Gaßner GbR

 

§ 1 Scope of application

  1. Diese Allgemeinen Geschäftsbedingungen gelten für alle Lieferungen, Leistungen und Angebote von der Gaßner & Scheibel GbR an einen Privatkunden oder Unternehmer zum Zeitpunkt der Bestellung gültigen Fassung.
    In relation to entrepreneurs, these terms and conditions shall also apply to future business relations without us having to refer to them again.
  2. A private customer is a consumer, i.e. any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).
  3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB).

§ 2 Offer and conclusion of contract

In the event of the conclusion of the contract, the contract is concluded with

Gaßner & Scheibel GbR

Grünwalder Weg 32 E

D-82041 Oberhaching

Gesellschafter: Veronika Gaßner, Philipp Gaßner, Ursula Gaßner und Sebastian Scheibel

Phone: +49 (0) 89 67806400

E-Mail: info@halmig.de

zustande.

The product representations in the online store and all offers of Gaßner & Scheibel GbR serve the customer to submit a purchase offer.

By clicking the button "Order with costs" you make a binding offer to buy.

We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods. The confirmation of receipt of the order is sent by automated e-mail immediately after sending the order and does not constitute an acceptance of the contract.

If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.

When ordering by phone, e-mail or letter, the customer declares verbally or in writing his binding intention to buy which articles of our offer. Acceptance of the offer by Gaßner & Scheibel GbR is effected by sending the delivery confirmation or by delivery of the goods. This concludes the purchase contract.

Gaßner & Scheibel GbR saves the text of the contract and sends you the order data and general terms and conditions by e-mail. You can view the AGB at any time also under http://www.halmig.de/agb. For security reasons, your order data is only accessible to registered customers via the Internet.

The contract language is German.

§ 3 Provided documents

Gaßner & Scheibel GbR reserves its property rights, copyrights and industrial property rights to all offer documents (including illustrations, plans, drawings, calculations, cost estimates), samples, models and other documents made available to the customer by Gaßner & Scheibel GbR - also in electronic form. They may only be made accessible to third parties by the customer with the prior written consent of Gaßner & Scheibel GbR. If such documents or samples / models are handed over / sent to the customer by Gaßner & Scheibel GbR during the contract initiation phase, the customer shall immediately return them to Gaßner & Scheibel GbR if no contract is concluded, or irreversibly delete them if they have been made accessible to the customer in electronic form.

§ 4 Prices and payment

  1. For private customers, the prices stated on the product pages, which include the statutory value added tax and other price components, are valid and do not include shipping costs. For companies, all prices stated in the offers and price lists of Gaßner & Scheibel GbR are valid in Euro net plus the legal value added tax valid at the time of invoicing, unless otherwise expressly agreed upon in writing with the customer.
  2. The shipping costs for the delivery can be found on our website. The shipping costs will be communicated again when the order process is initiated. Starting from a commodity value at a value of EUR 30.00 we supply within Germany forwarding expenses-free.
  3. Gaßner & Scheibel GbR accepts all payment methods stated on the website. Details about the offered payment methods can be found on our website under the heading "Payment and Shipping".
    Gaßner & Scheibel GbR will issue an invoice to the customer for the ordered goods, which will be sent to him in text form at the latest upon delivery of the goods.
    The prices stated at the time of the order shall apply.
  1. Payment of the purchase price must be made exclusively to the account named overleaf. The deduction of discounts as well as the granting of rebates or partial payments requires a special written agreement, which Gaßner & Scheibel GbR is not obligated to conclude. Any unjustified discount or rebate deduction will be invoiced to the customer subsequently and is due for immediate payment.

§ 5 Delivery and delivery time

  1. The delivery will be made within Germany with Deutsche Post/DHL to your specified address.
  2. The delivery time is, unless otherwise stated in the offer, approx. 2 - 4 working days in Germany.
  3. Should the delivery of the goods fail through your fault despite three delivery attempts, we can withdraw from the contract. If necessary listed payments will be refunded immediately.
  4. On request, you have the possibility to pick up at Gaßner & Scheibel GbR, Grünwalder Weg 32 E, 82041 Oberhaching, Germany
  5. In the event that Gaßner & Scheibel GbR is unable to perform the owed service due to force majeure (war, natural disasters, strike, lockout, official intervention, shortage of energy and raw materials, transport bottlenecks, operational hindrances, for example due to fire, water, machine damage and lightning strikes and all other hindrances which Gaßner & Scheibel GbR could not foresee and for which Gaßner & Scheibel GbR is not responsible), Gaßner & Scheibel GbR shall be released from its performance obligations for the duration of the hindrance.

§ 6 Retention of title

  1. Die Gaßner & Scheibel GbR behält sich das Eigentum an der Kaufsache (nachfolgend „Vorbehaltsware“ bezeichnet) bis zur Bezahlung aller Forderungen gegen den Kunden aus dem jeweiligen Liefervertrag über die Vorbehaltsware vor. Wir sind berechtigt, die Kaufsache zurückzunehmen, wenn der Besteller sich vertragswidrig verhält.
  2. For companies, the following applies additionally: During the period of retention of title, the customer is not authorized to pledge, transfer by way of security or otherwise encumber the reserved goods.
    The customer hereby assigns to Gaßner & Scheibel GbR his future claims arising from the resale of the reserved goods against his customers or third parties, including all ancillary rights, in the amount of the final invoice amount (including VAT) stated in the sales invoice by Gaßner & Scheibel GbR to secure Gaßner & Scheibel GbR's claims arising from the supply contract for the reserved goods, irrespective of whether the reserved goods have been resold without or after further processing/further processing. Gaßner & Scheibel GbR declares acceptance of this advance assignment.

§ 7 Damage in transit 

  1. For consumers: If goods with obvious transport damages are delivered, please contact us as soon as possible.
    Die Versäumung einer Reklamation oder Kontaktaufnahme hat für Ihre gesetzlichen Ansprüche keinerlei Konsequenzen. Sie helfen uns aber, unsere eigenen Ansprüche gegenüber dem Frachtführer bzw. der Transportversicherung geltend machen zu  können.
  1. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

§ 8 Warranty

  1. The legal liability for defects exists.
  2. For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

§ 9 Liability

  1. Claims exceeding warranty claims, in particular claims for damages by the customer, regardless of the legal grounds, shall be excluded unless the damage was caused intentionally, grossly or slightly negligently by Gaßner & Scheibel GbR or the customer asserts claims under the Product Liability Act or claims due to injury to life, body or health.
  2. Should the customer have given an incorrect delivery address, Gaßner & Scheibel GbR reserves the right to retain the purchase price already collected. Gaßner & Scheibel GbR is not obliged to deliver a new shipment. Gaßner & Scheibel GbR shall not be liable for defects, injuries, or damages caused by improper handling of the goods.

§ 10 Right of revocation

  1. The right of withdrawal applies only to customers who are consumers.
  2. Cancellation policy

You have the right to cancel this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us

halmig

Gaßner & Scheibel GbR

Grünwalder Weg 32E

D-82041 Oberhaching

Phone: +49 (0) 89 67806400

E-Mail: info@halmig.de

by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation 

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different method of delivery from the cheap standard delivery we offer), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately in any case within fourteen days at the latest from the day you inform us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

Sample revocation form

If you want to cancel the contract, please fill out this form and send it back.

  • To

Gaßner & Scheibel GbR

Grünwalder Weg 32 E

D-82041 Oberhaching

E-Mail: info@halmig.de

  • I/we hereby revoke (*)

the from me/us (*)

concluded contract for the purchase of the following goods (*) / provision of the following service (*)

  • Ordered on (*):
  • Received on (*):
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only in case of communication on paper):
  • Date:

(*) Delete as applicable.

§ 11 Copyright

All material used and presented by Gaßner & Scheibel GbR on this website is protected by copyright. Customers are only allowed to use this material for private purposes.

§ 12 Settlement of disputes

The European Commission provides the European Online Dispute Resolution Platform (OS Platform), which you can find here http://ec.europa.eu/consumers/odr/.

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

§ 13 Final provisions

  1. Should individual clauses of these General Terms and Conditions be or become invalid in whole or in part or prove to be incomplete, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses.
  2. This contract and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).