§ 1 validity / conclusion of contract
The following general terms and conditions apply to all orders via the STILL pallet truck online shop. All our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.
Terms and conditions of the buyer or third parties do not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter containing or referring to terms and conditions of the buyer or a third party, this does not constitute acceptance of the validity of these terms and conditions.
By placing an order, the buyer accepts these conditions, so that they become part of the contract upon conclusion of the contract.
We conclude purchase contracts only with customers who have reached the age of 18 years. We also offer our services exclusively to entrepreneurs (§ 14 BGB) and public clients. The buyer assures with agreement of these terms and conditions, that he acts at the conclusion of the purchase in pursuit of commercial or self-employed professional activity or as a legal entity under public law or public special assets.
The description of our assortment in the STILL online shop is for information only. The customer makes a contract offer with his order. The purchase contract is concluded by our acceptance of the customer order. Contracts are exclusively in German.
Within the scope of our obligation according to Art. 246 § 3 Nr. 3 EGBGB we point out that you can correct your data at any time before placing an order via our internet shop. After entering the data, you will receive an overview of the data entered by you and you can check it. If you would like to correct your input, you can use the back button of your browser to return to the input mask and change data there.
We confirm the receipt of your order immediately in accordance with § 312 e BGB. The acceptance of an order we declare by a message about the delivery or the delivery of the goods. We will inform you in electronic form if we can not accept your contract offer.
We ship exclusively in Germany.
§ 2 shipping costs
Shipping costs are only applicable if this is stated with the product. Otherwise these are included in the price.
We are entitled to execute the order in partial deliveries. In these cases, we calculate any shipping costs, of course, only once.
Clause 3 Terms of payment
"Payment is made by bank transfer after receipt of an invoice. All prices shown are net prices plus the currently valid rate of VAT. This is shown on the invoice.
For payment via PayPal, we refer you to their terms and conditions. Further information about data protection law on the part of the PayPal provider can be found at: https://www.paypal.com/en/webapps/mpp/ua/privacy-full "
§ 4 delivery
The delivery takes place by forwarding agency. We ship the goods regularly immediately after ordering. Nevertheless, we reserve the right to a delivery period of 14 days, unless otherwise agreed. The transfer of risk to you will take place upon delivery of the delivery to the freight forwarder.
§ 5 Retention of title
The delivered goods remain our property until full payment of the purchase price plus the shipping and handling fee (s).
§ 6 warranty; defects
(1) The warranty period is one year from delivery.
(2) The delivered items shall be examined carefully immediately after delivery to the buyer or to the third party appointed by him. You shall be deemed to have been approved if we have not received a written notice of defects for obvious defects or other defects that were identifiable upon prompt, thorough investigation within seven business days of delivery of the Goods or otherwise within seven business days of discovery of the defect or any earlier time, in which the defect for the buyer with normal use of the object of delivery was recognizable without further examination, received in writing. At our request, the object of delivery objected to must be returned carriage paid to us. In the case of a justified complaint, we will reimburse the costs of the cheapest shipping route; this does not apply if the costs increase because the delivery item is located in a place other than the place of intended use
(3) In the case of material defects of the delivered items, we are obliged and entitled to remedy or replacement after our reasonable choice has been made. In case of failure, ie. the impossibility, unreasonableness, refusal or inappropriate delay of the repair or replacement, the buyer can withdraw from the contract or reduce the purchase price appropriately
(4) If a defect is based on our fault, the buyer may demand compensation for damages under the conditions specified in § 8.
(5) For defects of components of other manufacturers, which we can not remove for licensing or factual reasons, we will assert our warranty claims against the manufacturers and suppliers for the account of the buyer or cede to the buyer. Warranty claims against us exist in the case of such defects under the other conditions and in accordance with these General Terms and Conditions only if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example due to insolvency, futile. During the duration of the legal dispute, the statute of limitations of the respective warranty claims of the buyer against us is suspended.
(6) The warranty does not apply if the purchaser changes the delivery item or has it altered by third parties without our consent and the elimination of the defect becomes impossible or unreasonably difficult. In any case, the buyer has to bear the additional costs incurred by the change to remedy the defect.
(7) A delivery of used items agreed with us in individual cases shall be made under exclusion of any warranty for material defects.
§ 7 Property Rights
(1) In accordance with this § 7 we warrant that the delivery item is free from industrial property rights or copyrights of third parties. Each contracting party will notify the other contracting party in writing without delay if claims against the contracting party are asserted against him.
(2) In the event that the delivery object infringes a commercial property right or copyright of a third party, we will change or replace the delivery item at our discretion and expense so that no third party rights are violated any longer, but the delivery item continues to be the contractually agreed Functions, or grant the buyer the right to use by concluding a license agreement. If we fail to do so within a reasonable period of time, the buyer is entitled to withdraw from the contract or to reasonably reduce the purchase price. Any claims for damages of the buyer are subject to the restrictions of § 8 of these General Terms and Conditions.
(3) In the case of infringements of products supplied by us from other manufacturers, we shall assert our claims against the manufacturers and upstream suppliers on behalf of the purchaser or assign them to the purchaser. Claims against us in these cases in accordance with this § 7 only if the judicial enforcement of the aforementioned claims against the manufacturers and suppliers was unsuccessful or, for example, due to insolvency, is hopeless.
§ 8 Liability for damages due to fault
(1) The liability on our part for damages, for whatever legal reason, in particular from impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, as far as it is in each case a fault, in accordance with this § 8 restricted.
(2) We shall not be liable in case of simple negligence on the part of our bodies, legal representatives, employees or other vicarious agents as far as it is not a violation of essential contractual obligations. Essential to the contract are the obligation to timely delivery and installation of the essential defects free delivery item as well as instruction, protection and custody obligations that allow the buyer to use the contractual object or the protection of life or limb of the buyer's staff or the protection of the same Property is intended to cause significant damage.
(3) Insofar as we are liable for damages in accordance with § 8 (2), this liability is limited to damages which we foreseen at the conclusion of the contract as a possible consequence of a breach of contract or which we should have foreseen by applying due diligence. We are not liable for damages that the buyer could have prevented by suitable bridging measures.
(4) The above exclusions and limitations of liability apply to the same extent in favor of our bodies, legal representatives, employees and other vicarious agents.
(5) Insofar as we provide technical information or advise and this information or advice does not belong to the contractually agreed scope of services owed by us, this is done free of charge and to the exclusion of any liability.
(6) The restrictions of this § 8 do not apply to our liability for intentional behavior, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
Clause 9 PRIVACY/CODES OF CONDUCT
The contract text is not saved by us and can no longer be retrieved after completion of the ordering process. You can print out and/or save these terms and conditions of trade.
In the context of our obligation pursuant to Section 246 Subsection 3 Point 5 of the Introductory Act to the German Civil Code (EGBGB) we draw attention to the fact that we have not subjected ourselves to any special code of conduct."
Clause 10 FINAL PROVISIONS
The law of the Federal Republic of Germany applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Provided that you are a legal business person within the meaning of the German Commercial Code (HGB), a legal person under public law or a special fund under public law, the place of jurisdiction is Hamburg. The ineffectiveness of any individual provisions of these General Terms and Conditions of Trade shall not affect the effectiveness of the remaining provisions. Reference is also made to the EU Online Dispute Resolution Regulation.