§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services from Schiel GmbH & Co. KG, Steinfurther Str. 5, 06766 Wolfen (hereinafter: “Seller”), relating to the online shop https://surprise-grill.de and all subdomains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Wolfen if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is filed.
(5) We deliver to the following countries: European Union countries.
(6) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also called the OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
§ 2 Contents of the contract and conclusion of the contract
(1) The seller offers customers new goods, especially Rüegg Surprise Grill, for purchase in the online shop https://surprise-grill.de.
(2) When purchasing in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not constitute an offer in the legal sense. Receipt and acceptance of the order will be confirmed to the customer by email.
The customer also has the option of inquiring about a specific item by telephone, email, fax or letter. After receiving such a request, the seller will make a corresponding offer to the customer by email, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The contract text is saved. However, it is not accessible to the customer.
(2) The prices include shipping costs. For orders outside the online shop (see Section 2 Paragraph 3), the prices stated in the seller's offer apply, also including shipping costs.
(3) Delivery to customers by the seller is carried out at the customer's request using the following payment methods: advance payment (by bank transfer, Paypal, credit card payment, Klarna, or other payment service providers), on account.
If the customer chooses advance payment by bank transfer, payment is due no later than 7 calendar days after conclusion of the contract.
If delivery is made on account, payment is due no later than 7 calendar days after the invoice is issued.
(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
(5) The seller always issues the customer an invoice, which is given to him upon delivery of the goods or otherwise sent in text form.
§ 3 Delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. Delivery is made by us or directly from the manufacturer.
(2) The availability of the individual goods is stated in the item descriptions. Unless expressly agreed otherwise, the seller will dispatch goods in stock within 7 working days of payment instructions (in the case of advance payment by bank transfer: within 7 working days of receipt of payment). If the goods are marked as out of stock when sold via the online shop, the seller will endeavor to deliver as quickly as possible. Information provided by the seller regarding the delivery period is non-binding unless, in exceptional cases, the delivery date has been bindingly promised by the seller.
(3) The seller reserves the right to make a partial delivery if this appears to be advantageous for rapid processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and delivery does not occur in whole or in part. This reservation of self-delivery only applies if the seller is not responsible for the failure to deliver. The seller is not responsible for the lack of performance provided that a so-called congruent hedging transaction was concluded with the supplier in a timely manner to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and refund any purchase price and shipping costs already paid.
The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery. If the customer is an entrepreneur, when purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the freight forwarder, the freight carrier or the person otherwise designated to carry out the shipment upon delivery of the goods.
§ 4 Retention of title
The goods delivered remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also from the ongoing business relationship up to the settlement of all claims that the seller has in connection with entitled to the contract.
§ 5 Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Liability for material and legal defects
(1) If there are defects, the customer is entitled to statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, Sections 377 ff. of the German Commercial Code (HGB) also apply.
(2) Damage caused by improper actions by the customer when setting up, connecting, operating or storing the goods does not constitute a warranty claim against the seller.
The customer can find information on proper treatment in the manufacturer's descriptions.
(3) Defects must be reported to the seller by the customer within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. For used items, the warranty against entrepreneurs is excluded.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and does not apply to the customer's claims for damages that are aimed at compensation for bodily harm or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
(4) If there are defects and these were reported in a timely manner, the seller is entitled to subsequent performance. If subsequent fulfillment fails, the customer is entitled to reduce the purchase price or withdraw from the contract. Otherwise, the statutory provisions apply.
§ 7 Information obligations in the event of transport damage
If goods are delivered with obvious damage to the packaging or contents, the customer should immediately complain to the freight forwarder/freight service without prejudice to his warranty rights (§ 7) and contact the seller immediately by email or in another way (fax/post). Contact us so that they can protect any rights they may have against the freight forwarder/freight service.
§ 8 Disclaimer of liability
(1) Apart from liability for material and legal defects, the seller is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent violation of essential obligations (obligations whose violation jeopardizes the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies) , but only for foreseeable, contract-typical damage. The seller is not liable for slightly negligent violations of obligations other than those listed above.
(2) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that have been fraudulently concealed. Liability under the Product Liability Act remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
Additional general terms and conditions for easyCredit installment purchase
The following additional general terms and conditions (hereinafter General Terms and Conditions) apply between you and the dealer for all contracts concluded with the dealer in which the easyCredit installment purchase (hereinafter installment purchase) is used.
In the event of a conflict, the additional general terms and conditions take precedence over any other general terms and conditions of the dealer.
Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and have reached the age of 18.
2. Installment purchase
For your purchase, the dealer, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG), provides you with installment purchase as an additional payment option.
The dealer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the ordering process. If it is not possible to use installment purchase due to insufficient creditworthiness or the retailer's sales limit being reached, the retailer reserves the right to offer you an alternative payment option.
The contract for an installment purchase is concluded between you and the dealer. There is no payment, but with the installment purchase you decide to pay off the purchase price in monthly installments. Monthly installments must be paid over a fixed term, although the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made.
The claims arising from the use of installment purchase are assigned by the dealer to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with a debt-discharging effect.
Apart from the general trade supervision, the dealer is not subject to any supervision by a supervisory authority. You can send complaints to the dealer by letter or email.
3. Installment payment via SEPA direct debit
By issuing the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the credit institution specified there using a SEPA direct debit.
Collection takes place at the earliest on the specified date of the pre-notification/advance announcement. A later, more timely move-in can take place.
If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification.
You must ensure that your checking account has sufficient funds at the due date. Your credit institution is not obliged to honor the direct debit if there are not sufficient funds in the checking account.
If a return debit occurs due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the return direct debit results from a circumstance for which you are not responsible have.
TeamBank AG can claim costs charged by your credit institution to TeamBank AG for a return debit for which you are responsible as damages and must be reimbursed by you. You reserve the right to prove that TeamBank AG suffered less damage or no damage at all.
If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder.
Due to the high costs associated with a return direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the retailer by transferring the relevant amount back or by crediting it.