§ 1 Scope of application
The following terms and conditions apply to all orders and contracts between SHR Germany Onlineshop GmbH, Hans-Sachs-Str. 17, 40721 Hilden - hereinafter referred to as the provider - and the customer, which are closed via the provider's website shr-germany-onlineshop.de. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted. Verbal agreements, orders and orders must be made in writing.
A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of contract
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
The condition for the effective conclusion of a contract is always that the order process is completed when the order is sent.
§ 3 Prices and shipping costs
The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all taxes.
If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs on the "Shipping costs" page.
The customer receives an invoice showing VAT.
§ 4 Right of withdrawal
A. Differentiation between entrepreneurs (commercial buyers) and consumers
SHR Germany Onlineshop GmbH differentiates between entrepreneurs and consumers. There is no right of withdrawal for entrepreneurs (commercial buyers).
B. The following applies to consumers:
1. Consumers are generally entitled to a right of withdrawal when concluding a distance transaction.
2. The right of withdrawal within the meaning of § 355 ff BGB only applies if a law grants a consumer a right of withdrawal in accordance with § 355 BGB. This is e.g. B. for doorstep selling (§ 312 BGB b) and distance sales contracts (§ 312 c BGB) the case.
3. The right of withdrawal does not apply to contracts that are concluded with a consumer at our in-house exhibition and in our business premises. In contrast to the distance selling business, the consumer has the opportunity to look at the envisaged goods in the shop (in-house exhibition) of the SHR Germany Onlineshop GmbH or to examine them in more detail for their functionality and other properties before concluding the contract.
4. The right of withdrawal does not apply to goods that are manufactured according to customer specifications or that are clearly tailored to personal needs (Section 312g (2) No. 1 BGB).
The right of withdrawal does not apply to goods that are unsuitable for return for reasons of health or hygiene if their seal has been removed after delivery (Section 312g Paragraph 2 No. 3 BGB) or which, due to their nature, are inseparable from delivery after delivery mixed with other goods (Section 312g Paragraph 2 No. 4).
§ 5 Instruction of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen 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. If you have ordered one or more goods as part of a single order and the goods or goods are or will be delivered uniformly;
if you have ordered several goods as part of a single order and the goods are delivered separately;
if there are several of the above alternatives, the withdrawal period only begins when you or a third party named by you who is not the carrier has taken possession of the last goods or the last partial shipment or the last item.
In order to exercise your right of withdrawal, you must contact us
SHR Germany Onlineshop GmbH
Hans-Sachs-Str. 17th
40721 Hilden
Germany
[email protected]
Fax: 49 (0) 2103 - 911 5792 (at the current local rate)
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. If you want to send us a letter, that is of course also possible. You can use the attached sample cancellation form for your declaration of cancellation in text or in writing, but this is not mandatory.
If you want to cancel the contract using the cancellation form, please fill out this form and send it back to:
SHR Germany Onlineshop GmbH
Hans-Sachs-Str. 17
40721 Hilden
[email protected]
Fax: 49 (0) 2103 - 911 5792
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the 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 when notified on paper)
date
_______________
(*) Delete where inapplicable.
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.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
The following applies to the costs of the return:
You 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 to check the nature, properties and functionality of the goods.
- End of the instruction of withdrawal -
§ 6 Terms of payment and shipping
Payment is made in advance, PayPal, instant transfer.
Payment in advance
If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Paypal
You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception, if applicable, guest access). You'll get more information during the ordering process.
Instant bank transfer
You pay the invoice amount via the online provider Sofortüberweisung. You must identify yourself there with your online banking data and confirm the payment order to us. You'll get more information during the ordering process.
Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
In the case of delivery to commercial customers / entrepreneurs, delivery and dispatch are carried out at the customer's own risk. Any transport damage must be reported to the shipping company or forwarding agent.
The delivery takes place "free curb". The delivered goods are unpacked and assembled by the customer independently.
§ 7 Right of retention, retention of title
The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
The goods remain the property of the provider until the purchase price has been paid in full. In addition, the following applies:
1. The provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
2. The commercial customer can only resell the goods in the ordinary course of business after all claims from the current business relationship have been settled in full.
3. If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
§ 8 Warranty
The respective legal regulations for sales contracts apply.
1. Only the supplier's own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
2. The commercial customer is obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify the provider in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
3. In the event of defects, the provider provides a guarantee of repair or replacement, as he chooses. If the elimination of the defect fails twice, the customer can either request a reduction in price or withdraw from the contract. In the case of repairs, the provider does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
4. in case of services (trainings) the provider is entitled to postpone dates. A postponement does not entitle the customer to reduce the training fee or to withdraw from the contract.
If the customer cannot attend a training due to the postponement or due to illness (upon presentation of a medical certificate), the customer has the right to rebook free of charge to a training with the same course name on a new available date.
5. For commercial customers, the warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or malice on the part of the provider, as well as recourse claims according to §§ 478, 479 BGB.
§ 9 Liability
The provider is fully liable for damage to life, limb or health, in all cases of willful intent and gross negligence, in the event of fraudulent concealment of a defect, when assuming the guarantee for the quality of the object of purchase, in the case of damage in accordance with the Product Liability Act and in all other legally regulated cases.
If essential contractual obligations are affected, the liability of the provider in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer can regularly rely.
The seller points out that the customer must independently inform himself about the legal situation in his catchment area, as well as the necessary requirements for using the product. The seller is not liable in the event of illegal use by the customer, for example in the event of a ban imposed by an authority.
In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 10 Contract text storage
We save the contract text and send you the order data. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.
§ 11 Contract language
The languages available for the conclusion of the contract are German and English.
§ 12 Choice of law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 13 Place of performance and jurisdiction
For all mutual claims of the contractual partners, Düsseldorf is agreed as the place of performance and jurisdiction.
§ 14 Note according to battery law
Since our shipments may contain batteries and rechargeable batteries, we are obliged by the Battery Act (BattG) to inform you of the following: Batteries and rechargeable batteries may not be disposed of in household waste, but you are legally obliged to return used batteries and rechargeable batteries. Used batteries can contain harmful substances that can harm the environment or your health if not stored or disposed of properly. But batteries also contain important raw materials such as iron, zinc, manganese, or nickel and can be recycled. After use, you can either return the batteries to us or return them free of charge in the immediate vicinity (e.g. in the retail trade or at municipal collection points or in our dispatch warehouse).
The delivery to sales points is limited to the usual quantities for end users and to used batteries that the distributor has or has had in his assortment as new batteries.
The sign with the crossed-out wheeled garbage can means that you may not dispose of batteries and accumulators in household waste. Below this sign you will find additional symbols with the following meaning:
Pb: Battery contains lead-acid
Cd: Battery contains cadmium
Hg: battery contains mercury
Status of the GTC: 16.02.2022