General Terms and Conditions of Business and Consumer Information
1 Underlying provision
(1) The following terms and conditions of business shall apply to all contracts concluded between STUCO Fullservice GmbH , Industriestr. 17, 54662 Speicher, Germany - hereinafter referred to as Provider - and the customer via Provider’s Internet site www.cargolux-shop.com To the extent not agreed to the contrary, inclusion of Customer’s own T&C is hereby challenged.
(2) Consumer in the sense of the following regulations shall be each natural entity concluding a legal transaction for a purpose which cannot be ascribed to its commercial or freelance professional activity. An entrepreneur shall be each natural or legal entity or corporation of legal capacity which is acting in the exercising of its freelance professional or commercial activity at the conclusion of the legal transaction.
(3) The contractual language shall be German. The complete text of the contract is not stored by Provider. Before dispatch of the order via the online shopping trolley, the contract data can be printed via the print function of the browser or electronically stored. After receipt of the order by Provider, the order data shall be transmitted to Customer once more by e-mail.
§ 2 Subject matter of the contract
The subject matter of the contract shall be the sale of goods. The details, in particular the essential features of the goods, can be seen in the article description and the supplementary information on Provider’s internet site. Provider partly or exclusively sells the goods on commission in its own name for a third party’s account, i.e. for a third party as owner of the goods. Notwithstanding this, Provider is the contracting party with all rights and duties.
§ 3 Origination of the contract
(1) Provider’s product portrayal in the internet is non-binding and not a binding offer for the conclusion of a contract.
(2) Customer can make a binding purchase offer (order) via the online shopping trolley system. The goods intended for purchase are placed in the “shopping trolley”. Via the matching button in the navigation bar, Customer can access the “shopping trolley” and make changes there at any time. After access to the “buy and pay” site and input of personal data as well as payment and dispatch terms, all the order data are finally displayed once more on the order overview page. Before dispatching the order, Customer has the possibility of checking all the information here once more, of changing it (also via the “back” function of the internet browser) or stopping the purchase. By dispatching the order via the “Buy now” button, Customer makes a binding offer to Provider. To start with, Customer receives an automatic e-mail concerning receipt of his order, which does not yet lead to conclusion of a contract.
(3) Acceptance of the offer (and thus conclusion of the contract) is done either by a confirmation in a textual form (e.g. e-mail) in which processing of the order of delivery of the goods is confirmed to the customer or by dispatch of the goods. If Customer has not received an order confirmation or notification of delivery or goods within 5 days, it shall no longer be bound by its order. All and any payments already made shall be reimbursed without delay in such a case.
(4) Handling of the order and transmission of all the information necessary in connection with conclusion of the contract shall be by e-mail, automated in some cases. Therefore, Customer must ensure that the e-mail address deposited with Provider by it is correct, receipt of the e-mails has been technically secured and is in particular not obstructed by spam filters.
§ 4 Prices, dispatch costs
(1) The prices stated in the offers in question and the dispatch costs shall be final prices. They shall contain all components of prices including all the due taxes. To the extent that delivery is to foreign countries outside the EU, further customs charges, taxes or fees may be due for payment by Customer, albeit not to Provider, but to the local customs or tax authorities. We recommend that Customer inquires about the details from the customs or tax authorities before ordering.
(2) The due dispatch costs have not been included in the purchase price. The can be seen via the “Payment and Dispatch” site, are stated separately in the course of the order procedure and shall be borne additionally by Customer unless delivery fee of dispatch costs has been assured.
(3) Customer shall receive an invoice with value added tax stated separately.
§ 5 Payment and dispatch terms
(1) The terms for payment and dispatch can be seen under the button of the same name in navigation.
(2) As a rule, terms of payment are governed separately. If no such provision exists, 45 days net is applicable.
(3) If a product ordered by Customer is unexpectedly not available for reasons for which Provider is not answerable, despite conclusion of a hedging transaction done in good time, Customer shall be informed about the non-availability without delay and all and any payments already made shall be reimbursed without delay in the event of withdrawal from the contract.
(4) For consumers, there is the statutory regulation that the risk of chance destruction and of chance deterioration of the sold object during dispatch only passes to Customer upon hand-over of the goods, regardless of whether delivery is done insured or uninsured. If Customer is an entrepreneur, delivery and dispatch shall be at its risk.
§ 6 Costs of return in exercising of right of revocation
In the event of exercising of the statutory right of revocation valid for consumers for remote sales contracts, it is agreed that Customer shall bear the regular costs of return if the price of the object to be returned does not exceed an amount of 40 Euro or if Customer has not paid the consideration or a part payment agreed contractually at the time of the revocation in the event of a higher price of the object, unless the goods supplied do not match those ordered. In all other cases, Provider shall bear the costs of the return.
§ 7 Right of retention, retention of title
(1) Customer can only exercise a right of retention to the extent that it is a question of claims from the same contractual relationship.
(2) Goods shall remain Provider’s property until complete payment of the purchase price.
(3) If Customer is an entrepreneur, the following shall apply as a supplement:
a) Provider reserves title to the goods until complete settlement of all claims from the ongoing business relationship. Before passage of ownership to the conditional commodities, pledging or transfer by way of security shall not be admissible.
b) Customer can resell the goods in the ordinary course of business. In such a case, it here and now assigns all claims to the amount of the invoice total accruing to it from the resale to Provider, which accepts the assignment. Further, Customer shall be authorised to collect the claim. To the extent that it fails to comply with its payment duties properly, however, Provider reserves the right to collect the claim itself.
c) In the event of combination or blending of the conditional commodities, Provider shall acquire co-ownership of the new object in the ratio of the invoice value of the conditional commodities to the other processed objects at the time of the processing.
d) Provider undertakes to release the securities accruing to it at Customer's request to the extent that the realisable value of Provider’s securities exceed the claim to be secured by more than 10%. The choice of the securities to be released shall be a matter for Provider.
§ 8 Information on battery disposal
In connection with the sale of batteries or delivery of appliances containing batteries, we are obliged to inform you of the following:
You as the final user are obliged to return used batteries. You can return old batteries which we stock or have stocked in our range as new batteries free of charge at our dispatch warehouse (dispatch address). The symbols portrayed on the batteries have the following meanings:
The symbol of the rubbish bin crossed through means that the battery may not be disposed of in domestic refuse.
Pb = battery contains more than 0.004 per cent of lead by mass
Cd = battery contains more than 0.002 per cent of cadmium by mass
Hg = battery contains more than 0.0005 per cent of mercury by mass.
Please observe the above information.
§ 9 Warranty
(1) The statutory provisions shall apply.
(2) Goods should be checked for completeness, obvious defects and transport damages immediately upon delivery. Any objections that thereby arise must be notified to the vendor or the freight forwarder as soon as possible. If the customer does not comply with this, this shall have no effect on the statutory warranty claims.
Right of revocation for consumers
If you are a consumer in accordance with Section 1.1. in the sense of § 13 German Civil Code, a right of revocation as follows applies to you:
You can revoke your contractual declaration within 14 days in a textual form (letter, fax. e-mail) without stating the reasons or – if the object is provided to you before the end of the period – also by returning the object. The period shall commence after receipt of these instructions in a textual form, albeit not before receipt of the goods by the consignee (in recurrent delivery of similar goods, not before receipt of the first part delivery) and also not before fulfilment of our information duties pursuant to Article 246 § 2 in combination with § 1 subsection (1) and (2) Introductory Act to the German Civil Code. Dispatch of the revocation or the object in good time shall suffice compliance with the period.
The revocation is to be addressed to:
STUCO Fullservice GmbH
Fax: +49 (0) 6562 61-813
Exclusion of the right of revocation
The right of revocation shall not exist, amongst others:
• for contracts for the supply of goods produced according to customers’ specification or
• which have unambiguously been matched to personal requirements or
• are not suited for return as a result of their properties.
Consequences of revocation
In the event of an effective revocation, payments and services received by both parties shall be returned and all and any benefits drawn (e.g. interest) returned. If you can only return the service received and benefits (e.g. benefits in use) partly, in a deteriorated condition or not at all, you must provide replacement of the value to us to this extent.
You must only provide replacement of the value to us for the deterioration of the object and for benefits drawn to the extent that the benefits or the deterioration are to be put down to use of the object exceeding a test of the properties and the mode of function. “Test of the properties and the mode of function” means testing and trying out the goods in question as possible and customary for example in a shop.
Objects capable of dispatch as a parcel shall be returned at our risk. You shall bear the regular costs of return if the goods supplied match those ordered and if the price of the objects to be returned does not exceed an amount of 40 Euro or if you have not paid the consideration or a part payment agreed contractually at the time of the revocation. Otherwise, returning shall be free of charge for you.
Objects not capable of dispatch as a parcel shall be collected from you. Obligations to reimbursements of payments must be fulfilled within 30 days. The period commences for you upon dispatch of the declaration of revocation or the object, for us upon receipt.
If Customer makes use of its statutory right of revocation, it shall bear the regular costs of return if the goods supplied match those ordered and if the price of the objects to be returned does not exceed an amount of 40 Euro or if it has not paid the consideration or a part payment agreed contractually at the time of the revocation. Otherwise, returning shall be free of charge for Customer.
Before returning, please call us under the telephone number +49 6562 61-494 to announce the return. In this way, you make it possible for us to assign the products as quickly as possible. This does not portray a legal prerequisite for the effective exercising of your right of revocation.
(3) To the extent that Customer is an entrepreneur, the following applies as a deviation from subsection 1:
a) Only Provider’s own statements and the manufacturer’s product description shall be deemed properties of the goods, not however other advertising, public announcements and statements by the manufacturer.
b) Customer shall be obliged to examine the goods for quality and quantity deviations without delay and with due care and to notify Provider of obvious defects in writing within 7 days of receipt of the goods, punctual dispatch sufficing to comply with the period. This shall also apply to hidden defects which are discovered later. If the duty to examination and notification of defects is breached, the warranty claims shall be ruled out.
c) In the event of defects, Provider shall warrant by after-working or replacement delivery at its choice. If remedying of defects fails twice, Customer can demand a reduction in price or withdraw from the contract at its choice. In the event of after-working, Provider does not have to bear the costs increased by transportation of the goods to a place other than the place of performance to the extent that transportation is not equivalent to the intended use of the goods.
d) The warranty period shall be one year from delivery of the goods. The curtailed warranty period shall not apply to damage caused culpably and to be ascribed to Provider from an injury to life, limb or health or damage caused by gross negligence or malice aforethought or wilful deceit on the part of Provider and also for claims to restitution pursuant to §§ 478, 479 German Civil Code.
§ 10 Liability
(1) Provider shall be liable without limitation in each case for damage from an injury to life, limb or health or damage, in all cases of malice aforethought and gross negligence, in wilful failure to disclose a defect, assumption of a guarantee for the property of the object of purchase, for damage according to the German Product Liability Act and for all other cases regulated by law.
(2) To the extent that cardinal contractual duties are affected, Provider’s liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Cardinal contractual duties shall be essential duties resulting from the nature of the contract and breaching of which would jeopardise achievement of the purpose of the contract as well as duties which the contract imposes on Provider according to its contents in order to achieve the purpose of the agreement, fulfilment of which only makes proper performance of the contract possible and in compliance with which Customer may regularly trust.
(3) According to the current state of the art, data communication via the internet cannot be guaranteed free of errors and/or with permanent availability. To this extent, Provider shall not be liable for permanent or uninterrupted availability of the website or the service provided there.
§ 11 Choice of law, place of performance, place of jurisdiction
(1) German law shall prevail. For consumers, this choice of law shall only apply to the extent that the protection provided by cogent provisions of the law of the state of the consumer’s customary abode is not withdrawn (favourability principle).
(2) Place of performance for all services from the business relationships existing with Provider and place of jurisdiction shall be Provider’s registered office to the extent that Customer is not a consumer, but merchant, public-law entity or public-law fund. The same shall apply if Customer has no general place of jurisdiction in Germany or the place of residence or customary abode is not known at the time of initiation of proceedings. The authorisation to sue at the court in a different statutory place of jurisdiction shall remain unaffected.
(3) The provisions of UN purchase law shall expressly not be applicable.