Terms of service

General Terms and Conditions for the Online Shop

• 1 General Provisions and Business Relationships

1. The following General Terms and Conditions apply to the contractual relationships concluded within the framework of the online shop of Schrumpfmich GmbH; represented by Managing Director Peter Schulz, Ludgerusstraße 13, 48324 Sendenhorst (hereinafter referred to as the "seller") that come into existence between the seller and its customers (hereinafter referred to as the "buyer").

1. Contracts are concluded with both consumers and business customers.

1. A consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession

1. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or self-employed professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

• 2 Formation of the Contract

1. All products, items, and services available for purchase in the seller’s online shop do not constitute binding offers by the seller in the legal sense; rather, they are an invitation to buyers to submit an offer.

1. After the buyer submits the order, they will immediately receive an email confirming receipt of the order; however, this does not yet constitute legal acceptance of the offer by which the contract is formed. The contract is concluded by a separate order confirmation from the seller within five days. Alternatively, the contract is concluded within five days if the customer is delivered the ordered goods or the customer is asked to make payment.

• 3 Prices, VAT, Payment

1. All prices stated are total prices including statutory VAT plus any shipping costs depending on the delivery method (see § 4).

1. The seller offers the payment methods communicated within the online shop. The seller issues the customer an invoice for the ordered goods, which is enclosed with the delivery of the goods or sent by post.

• 4 Deliveries, Shipping Costs, and Transfer of Risk

1. If delivery (handover to the shipping company) has been agreed between the seller and the buyer, it will take place without delay after receipt of payment. Please refer to the respective product description for shipping and packaging costs and the delivery date. There, the shipping and packaging costs are shown as a total amount for each country to which the respective items are shipped.
2. If the buyer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer or an authorized recipient until the goods have been handed over. If the customer commissions the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even if a consumer—as soon as the seller has handed the item over to the carrier or the person or institution designated to carry out the shipment

1. If, on the other hand, the buyer is an entrepreneur, the risk passes to the buyer as soon as the seller has handed the item over to the carrier or to the person or institution designated to carry out the shipment.

1. The seller’s delivery and payment terms are specified in more detail in the order form. Please refer to the respective product description for the delivery date.

1. On the final order page before you submit your offer, you will once again receive a comprehensive overview of the essential characteristics of the goods, the total price of the goods, and all associated components such as shipping and packaging costs.

• 5. Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must inform us (Schrumpfmich GmbH; represented by Managing Director Peter Schulz, Ludgerusstraße 13, 48324 Sendenhorst, Telephone: 0176 82137617, Email: info@schrumpfmich.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, which is, however, not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notice regarding your exercise of the

right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier. You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if this loss in value is due to handling of the goods that was not necessary to ascertain the nature, characteristics, and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts

- for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.

- for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.

- for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, which, however, can be delivered no earlier than 30 days after the conclusion of the contract, and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

- for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.

- for the supply of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur during the withdrawal period.

The right of withdrawal may expire for contracts

- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal was removed after delivery,

- for the supply of goods which, after delivery, were inseparably mixed with other items due to their nature.

- for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

- for the provision of digital content not supplied on a tangible medium, if we have begun to perform the contract after you have expressly agreed that we begin performance of the contract before the withdrawal period has expired, you have confirmed your knowledge that by giving your consent you lose your right of withdrawal upon commencement of performance, and we have provided you with a confirmation of the contract, reproducing the contract content including the aforementioned conditions for the early expiration of the right of withdrawal, on a durable medium.

-End of the Withdrawal Policy-

Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and

return it to us.

To [Schrumpfmich GmbH; represented by Managing Director Peter Schulz, Ludgerusstraße 13, 48324 Sendenhorst, Email: info@schrumpfmich.de]:

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase

of the following goods (*)/ the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is notified on paper)

- Date

_______________

(*) Delete as applicable.

• 6 Retention of Title

The seller retains title to the goods until the purchase price has been paid in full.

• 7 Statutory Liability for Defects

1. Our goods are subject to statutory liability for defects. Consumers also generally have a right of withdrawal. Please refer to the seller’s withdrawal policy for further information on the right of withdrawal.

1. If a consumer purchases used goods, the limitation period for claims for defects is one year from delivery of the goods, provided this agreement was expressly concluded separately between the buyer and the seller before the customer submitted the contractual declaration.

1. The following applies to entrepreneurs:

• The limitation period for new goods is one year from delivery of the goods
• Claims for defects are excluded for used goods
• If a replacement delivery is made, the limitation period does not start anew
• The seller may choose the type of subsequent performance

1. The § 7 nos. 2 and 3 reductions in periods and limitations of liability do not apply:

• to the customer’s claims for damages and reimbursement of expenses
• in cases where the defect was fraudulently concealed by the seller
• if there is an update obligation for digital products under a contract for the supply of goods with digital elements
• For goods that cause a defect in a building and are typically used in such a building

• 8 Further Information Obligations for Distance Contracts and Electronic Commerce

• Technical steps to conclude the contract/order process

Select the products you wish to order by clicking the shopping cart button ("Add"). This places your selection in the shopping cart. You can change this selection at any time until you submit your order by changing the quantity of products, deleting the selection by clicking the "Delete" button, or canceling the ordering process. By clicking the "Proceed to Checkout" button, you proceed to the next ordering step. Then enter your customer data. Your data will be collected, processed, and used in compliance with data protection regulations. It will not be used for other purposes or disclosed to third parties. Select the delivery method. Please read the General Terms and Conditions and the Withdrawal Policy carefully. You can only continue with the order if you accept the T&Cs under the withdrawal policy (check the box). In the next ordering step, please select the desired payment method. By clicking the "Buy" button, you submit your order to us. This constitutes a legally binding offer.

1. Storage of the contract text after conclusion of the contract and accessibility for the
   customer.

The contract text and your order details are stored by the seller. After you complete your order, you will receive a clear order confirmation containing all the details of your order. You can also print out the contract text using your browser’s print functions. Your order details are also included separately in the email sent to you. In addition, the seller will send the buyer the contractual terms by email at any time upon request.

1. Possibility to correct input errors

You can correct your entries at any time before submitting the order. This can be done either by using your internet browser’s "backspace" key or "back" arrow. You can make corrections directly on the individual offer pages in the available input fields. You also have the option within the virtual shopping cart to update products or delete individual products. All of these correction options remain available up to and including submission of the binding offer via the "Buy" button.

1. Contract Language

The contract language is exclusively German.

1. Codes of Conduct

The seller has not submitted to any relevant codes of conduct.

1. Order Confirmation

After the customer has submitted the offer, they receive a confirmation email.

1. Complaints and Warranties

Complaints, in particular warranty claims, must be addressed to the seller.

1. Essential Characteristics of the Goods

The essential characteristics of the goods can be found in the product description. This also applies to the validity period of any time-limited offers.

 

• 10 Duty to Provide Information under the Battery Act (BattG)

In connection with the sale of batteries or accumulators, or with the delivery of devices that contain batteries or accumulators, we are obliged under the Battery Ordinance to point out the following: Batteries must not be disposed of with household waste. As an end user, you are legally obliged to return used batteries. You can return batteries free of charge after use at the point of sale or in its immediate vicinity (e.g., at municipal collection points or in retail outlets). You can also return batteries from our range in usual quantities to us by post. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out wheeled bin. Near the bin symbol is the chemical designation of the pollutant. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride, and "Zi" for zinc. The labels under the bins stand for:
Pb: battery contains more than 0.004 percent by mass of lead
Cd: battery contains more than 0.002 percent by mass of cadmium
Hg: battery contains more than 0.0005 percent by mass of mercury

The symbol of the crossed-out bin means that the battery must not be disposed of with household waste.

You can also find further detailed information on the Battery Act at the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

• 11 Act on the Marketing, Take-Back, and Environmentally Sound Disposal of Electrical and Electronic Equipment

Manufacturers have been required since 13 August 2005 to take back old electrical equipment placed on the market free of charge. Manufacturers must label their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old appliances must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of through local collection and return systems. In accordance with the “ElektroG” Act of 23 March 2005, from 25 November 2005 we sell only electrical and electronic devices from manufacturers who have registered with the competent authority and can provide an insolvency-proof guarantee for the financing of the take-back and disposal of their electrical devices.

• 12 Final Provision

The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer, as well as to the respective terms and conditions. Consumers with habitual residence abroad may, irrespective of the specific choice of law, also invoke the law of the state in which they have their residence.