General terms and conditions with customer information

Table of Contents

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1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. reservation of proprietary rights
6. liability for defects (warranty)
7. applicable law
8. place of jurisdiction
9. alternative dispute resolution

1) Scope of application

1.1 All offers, sales contracts, deliveries and services based on orders placed by customers (hereinafter referred to as Customers) in the online store of Dr. Schumacher GmbH (hereinafter referred to as Seller) are subject to these GTC.

1.2 The product range in the online store is aimed exclusively at entrepreneurs (within the meaning of Section 14 (1) of the German Civil Code, i.e. natural or legal persons or partnerships with legal capacity who, when concluding the transaction, are acting in the exercise of their commercial or independent professional activity) as well as legal persons under public law and special funds under public law. The customer confirms this with his registration and in the context of the order in the online store. Contracts with consumers, i.e. with natural persons who conclude a legal transaction for the purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity are excluded.

1.3 The customer’s terms and conditions shall not apply, even if their validity is not separately objected to in individual cases.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
– by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e-mail) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this.
2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and terms of payment

3.1 Unless otherwise stated in the Seller’s product description, the prices quoted are net prices which do not include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.

4) Delivery and shipping conditions

4.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.
4.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.
4.3 Self-collection is possible.

5) Retention of title

If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

6) Liability for defects (warranty)

6.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

8) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer’s place of business.

9) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

The product range in the online store is aimed exclusively at entrepreneurs (within the meaning of §14 para. 1 BGB, i.e. natural or legal persons or partnerships with legal capacity who, when concluding the transaction, act in the exercise of their commercial or independent professional activity) as well as legal persons under public law and special funds under public law. The customer confirms this with his registration and in the context of the order in the online store. Contracts with consumers, i.e. with natural persons who conclude a legal transaction for the purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity are excluded.