General Terms & Conditions of Business

 

of Ludwig Schröder GmbH & Co. KG, Managing Director: Mr. Ludwig Schröder
Tornescher Weg 105
25436 Uetersen
www.schroedershund.de
– hereinafter referred to as LS –

 

The following General Terms & Conditions of Business (GTCB) in their version in force at the time the order is placed shall apply to the sale and shipment of goods ordered by the customer (in the sense of consumer, i.e. any natural person who concludes the contract for a purpose not attributable to either their commercial or their independent professional activity) via the Internet through www.schroedershund.de, by E-mail, telephone or another distance selling medium.

1. Conclusion of Contract

1.1. When the customer has found the required product, he/she can put it into the shopping cart without commitment by clicking the “Add to Cart” button. The customer can inspect the content of the shopping cart at any time without commitment by clicking the “Shopping Cart” button/ symbol. Products can be removed from the shopping cart at any time by clicking the symbol “x” (delete item). If the customer wants to buy the products in the shopping cart, he/she should click the “Go to Checkout” button. Thereafter the customer enters his/her data, which can be altered at any time by going back to the previous input screen. The required fields are marked with an „*“. No registration is required. The data will be encrypted before being transfered. After entering the data and selecting the shipping method and payment type the customer reaches the order review in which she/he can check his entries again. By clicking the button “Buy“ the order process will be completed. The order process can also be aborted at any time by closing the browser window.
1.2. The offers by LS are subject to change and are non-binding. Only the customer’s order represents a binding offer to conclude a purchase contract. The acknowledgement of receipt and any status reports sent by LS subsequently do not yet constitute an acceptance of the offer. The offer shall be accepted by LS within 3 working days, either by an express confirmation of acceptance or by dispatching the goods ordered and confirmation of dispatch to the customer. If LS rejects the purchase contract, it will also declare this to the customer in writing within a period of 3 working days. The purchase contract comes into existence when the goods have been delivered to the customer. The contract relates only to the goods dispatched. If individual products you have ordered have not been shipped, then to this extent no contract is concluded.

2. Saving the contract text

We save the contract text of your order – your statements relating to the ordering process. After your order has been sent to us, you can print them by clicking the “Print” button. We will also send to the E-mail address you have stated a confirmation of order with all the order data and a reference to our General Terms & Conditions of Business and your right to cancel.

3. Reservation of title

The goods delivered remain the property of LS until full payment of all accounts receivable arising out of the supply contract.

4. Prices and shipping costs

4.1. The prices at the time of the order shall apply. All prices are final prices and include the statutory VAT. All prices shall be understood as plus shipping costs, which will be shown separately in the context of the order. Additional charges for customs, taxes or other costs arising for shipping outside the EU shall be borne by the customer.

4.2. The shipping costs are a flat rate of EUR 4.90 per order for delivery inside Germany. Delivery inside Germany is free for an order value of EUR 100 and above. The shipping costs are EUR 11.90 per order for delivery to other countries of Europe. For delivery to foreign countries outside of Europe the costs are EUR 27.90 per order.

5. Delivery

5.1. Our delivery partners are DHL, UPS and DPD. Any other delivery partner can be freely selected by us. The delivery time inside Germany and inside the European Union is 3 to 5 working days from the date of the order unless a different delivery time is stated in the corresponding product description. The delivery period outside of the European Union can amount to between 6 and 12 working days. In the case of payment in advance, LS will deliver goods to customers only after LS has received payment of the full final price stated on the invoice. In this case the delivery times will be calculated from the date when payment is received by LS.

5.2. If a change in the expected date of availability or dispatch arises after the customer has placed the order, the customer will be immediately informed of this by E-mail. The customer, insofar as he/she is the consumer, shall then have the right to withdraw from his/her order or make changes free of charge at any time before the goods are made available or dispatched, unless expressly agreed otherwise between LS and the customer.

6. Payment conditions

Payment shall take place optionally as a prepayment via advance bank transfer, PayPal or credit card.

If prepayment via advance bank transfer is the chosen payment type, we will inform you of our bank account information after the ordering process has been completed. You will also find all the information about our bank account in the written confirmation of receipt of your order which we will send to the E-mail address you gave after the ordering process has been completed. The invoice amount must be paid into our account within 7 days. If the order is not paid within this time, LS reserves the right to cancel the order.

Choosing PayPal or credit card as your payment type, you will be redirected to the secure web pages of our partners (PayPal, Worldpay).

No fees will be charged for payments in advance or by PayPal or credit card. Payments will only be accepted in Euro. LS reserves the right to exclude individual payment types. There is no option to deduct an early payment discount.

7. Revocation instructions

(1) Cancellation right
The right of cancellation is valid for consumers as defined in Section 13 of the BGB (Civil Code).

You have the right to cancel this contract within fourteen days without stating any grounds. The revocation period is fourteen days from the day on which you or a third party nominated by you and who is not the carrier has/have taken possession of the goods.

To exercise your cancellation right, you must inform us (Ludwig Schröder GmbH & Co. KG, Tornescher Weg 105, D-25436 Uetersen, Germany, Tel. +49 (0) 4122 7079, Fax: +49 (0) 4122 44866, E-Mail: info@schroedershund.de) of your decision to revoke this contract by a clear declaration (e.g. a letter sent by post, Fax or E-mail). You can do this by using the attached standard withdrawal form, although this is not a compulsory requirement. To observe the cancellation deadline period it is sufficient if you send the notification of exercise of the revocation right before the revocation deadline period expires.

(2) Consequences of cancellation
If you cancel this contract, we must refund to you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a delivery type different to the economical standard delivery that we offered) without delay and at the latest within fourteen days from the day on which we received notification about your cancellation of this contract. The means of payment we will use for this refund will be the same as you used for the original transaction, unless expressly agreed with you otherwise; in no case will you be charged any fees for this refund.

We can refuse this repayment until we have received the returned goods or until you have proved that you have returned the goods, whichever is the earlier time.

You must return the goods to us or hand them over to us without delay and in any case at the latest within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline period is observed if you dispatch the goods before the expiry of the fourteen day deadline period. You will bear the direct costs of returning the goods.

You must meet the cost of any loss of value of the goods only if this loss of value results from handling the goods other than what is necessary to ascertain the nature, properties and functioning of the goods.

(3) Exclusion of the cancellation right

There is no cancellation right in the case of distance selling contracts to supply goods that are not ready-made and whose manufacture is defined by an individual choice or specification by the consumer or which are clearly customized to the consumer’s personal requirements.

End of the revocation instructions.

8. Warranty, notification of defects and liability

8.1. The illustrations on the website www.schroedershund.de are not binding, the images may vary slightly from the actual shapes and colours of all goods depending on screen settings.

8.2. Notwithstanding the foregoing provisions and the following limitations of liability LS is fully liable for damage to life, limb or health caused by a negligent or willful breach of duty of our legal representatives or agents, as well as for damages that are covered by liability under the Product Liability Act, and for all damages caused by intentional or grossly negligent breach of contract and bad faith of our legal representatives or agents. As far as we have given a guarantee on the goods or parts thereof on quality and / or durability, we shall also be liable under this warranty. For damages based on the lack of guaranteed quality or durability, that do not directly occur on the goods, we are only liable if the risk of such damage is explicitly covered by our quality and durability warranty.

8.3. LS is also liable for damages caused by negligence where such negligence affects the breach of contractual obligations, whose compliance are of particular importance for the purpose of the contract (cardinal obligations). LS, however, is only liable, if the damage is typically associated with the contract and foreseeable. In case of simple negligent breaches of non-essential accessory obligations, we shall not be liable. The limitations on liability contained in sentences 1 – 3 do also apply, where liability for the legal representatives, officers and other employees is concerned.

8.4. Any further liability is excluded, regardless of the legal nature of the claim. Insofar as our liability is excluded or limited, this applies also to the personal liability of our officers, employees, representatives and agents.

8.5. The warranty period is 2 years starting with the transfer of risk. This deadline also applies to claims for compensation for consequential damages, so far no tort claims are asserted.

9. Online registration & access data

9.1. After registration a user account is automatically created for the customer. The customer will be informed about the necessary access and user data (hereinafter – including the password – called “access data”). LS is entitled to later change the access data of the customer. In this case, the customer will be informed immediately about his new access data.

9.2. The customer is responsible for the protection of the access data. The access data must be kept confidential and, subject to a written agreement from LS, must not made accessible to third parties. The customer is aware that third parties have the possibility to place orders on behalf of the customer with LS, if they have knowledge of the access data. If the customer finds out or has the suspicion that third parties use his access data, he is obliged to change it immediately or, should that not be possible, to inform LS without delay.

9.3. If there is reasonable suspicion of abuse of the access data of the customer, especially if this was reported by the customer, LS is entitled to block the access immediately. LS will notify the customer immediately about this blocking.

9.4. . LS is not liable for damages suffered by the customer arising from misuse or loss of access data. This does not apply if the damage was caused intentionally or through gross negligence. The disclaimer also does not apply to damages resulting from injury to life, limb or health, if LS is responsible for the breach of duty.

10. Data protection

The data protection practice of LS is in accordance with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The Privacy Policy Statements contain all the information about the collection, processing and use of the user’s personal data.

11. Applicable law

The law of the Federal Republic of Germany shall apply exclusively excluding the UN Convention on contracts (CISG). This choice of law shall apply to a consumer only insofar as no mandatory statutory rules of the state in which he/she has his/her residence or usual place of abode are restricted thereby.

12. Final provisions

The German version of these General Terms & Conditions of Business is authoritative.

Contact

Ludwig Schröder – Leather since 1825

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