Terms of service

Section 1 General Provisions and Business Relationships

1. The following General Terms and Conditions apply to contractual relationships concluded between the seller and its customers (hereinafter referred to as the "buyer") within the online shop of Schrumpfmich GmbH, represented by its managing director Peter Schulz, Ludgerusstraße 13, 48324 Sendenhorst (hereinafter referred to as the "seller").
2. Contracts are concluded with both consumers and business customers.
3. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
4. Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is capable of acquiring rights and incurring liabilities.

Section 2 Conclusion 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, but rather an invitation to buyers to make an offer.
2. After the buyer submits the order, they will immediately receive an email confirming receipt of the order; however, this does not yet constitute acceptance of the offer in the legal sense by which the contract is concluded. The contract is concluded through a separate order confirmation from the seller within five days. Alternatively, the contract is concluded within five days if the ordered goods are delivered to the customer or the customer is requested to make payment.

Section 3 Prices, VAT, Payment

1. All stated prices are total prices including statutory VAT, plus any shipping costs depending on the delivery method (see Section 4).
2. 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.

Section 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 shall take place immediately after receipt of payment. Please refer to the respective item description for shipping and packaging costs as well as the delivery date. There, the shipping and packaging costs for the respective countries to which the relevant items are shipped are displayed precisely as a total amount.
2. If the buyer is a consumer within the meaning of Section 13 BGB, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the customer or a person authorised to receive them only upon handover of the goods. If the customer commissions the freight carrier or another person or institution designated to carry out the shipment and the seller has not previously named that person or institution to the customer, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has handed over the goods to the freight carrier or the other person or institution designated to carry out the shipment.
3. If, however, the buyer is an entrepreneur, the risk shall pass to the buyer as soon as the seller has handed over the goods to the freight carrier or the other person or institution designated to carry out the shipment.
4. The seller's delivery and payment terms are specified in more detail in the order form. Please refer to the respective item description for the delivery date.
5. On the last order page before submitting your offer, you will again receive an overall summary of the essential characteristics of the goods, the total price of the goods, and all associated components such as shipping and packaging costs.

Section 5. Cancellation Policy 

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 its 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 declaration (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.

You may also declare the withdrawal using the online withdrawal function provided in our online shop via the button labeled "Cancel contract" or a comparable function (so-called "withdrawal button"). After submitting your declaration of withdrawal, receipt of it will be confirmed to you immediately on a durable medium. The confirmation of receipt contains the essential details of your declaration of withdrawal as well as the date and time of receipt.

To comply with the withdrawal period, it is sufficient for you to send notification of the exercise of the

right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for 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 receive 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; under no circumstances 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 proof that you have returned the goods, whichever is 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 inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling of them which was not necessary to examine 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 whose production an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

- for the supply of goods that are liable to spoil quickly or whose expiry date would quickly be exceeded.

- for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after 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 within the withdrawal period.

The right of withdrawal may expire in the case of contracts

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

- for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.

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

- for the supply of digital content not supplied on a tangible medium, if we have begun performance of the contract after you have expressly consented to us beginning performance of the contract before the expiry of the withdrawal period, you have confirmed your knowledge that by giving your consent you lose your right of withdrawal upon the start of performance of the contract, and we have provided you with confirmation of the contract on a durable medium, including the contract content and the aforementioned conditions for the premature expiry of the right of withdrawal.

-End of the cancellation policy-

Model Withdrawal Form

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

send it back.

To [Schrumpfmich GmbH, represented by its 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 notification is made on paper)

- Date

_______________

(*) Delete as appropriate.

Section 6 Retention of Title

The seller retains ownership of the goods until full payment of the purchase price has been made.

Section 7 Liability for Defects

1. The statutory liability for defects applies to our goods. Consumers are also generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

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

3. 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 begin again
• The seller may choose the type of subsequent performance

4. The reductions in limitation periods and limitations of liability stated in Section 7 Nos. 2 and 3 do not apply:

• to claims by the customer for damages and reimbursement of expenses
• in the event that the defect was fraudulently concealed by the seller
• where there is an obligation to provide updates for digital products within the framework of a contract for the supply of goods with digital elements
• For goods that cause a defect in a building and are customarily used for such a building

Section 8 Further Information Obligations for Distance Selling Contracts and Electronic Commerce

1. Technical steps for concluding the contract/order process

Select the products you wish to order by clicking the shopping cart symbol button ("Add"). This will place 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 cancelling the order process. By clicking the "Proceed to checkout" button, you will reach the next order 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 any other purpose or disclosed to third parties. Select the delivery method. Please read the General Terms and Conditions and the Cancellation Policy carefully. You can only continue with the order if you agree to the GTC and cancellation policy (tick the box). In the next order step, please select the desired payment method. By clicking the "Buy" button, you submit your order to us. In doing so, you make a legally binding offer.

2. 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 completing your order, you will receive a clear order confirmation containing all details of your order. You can also print the contract text using your browser's print function. Your order data will also be included separately in the email sent to you. In addition, the seller will send the buyer the contractual provisions by email at any time upon request.

3. Possibility of correcting input errors

Before submitting the order, you have the opportunity to correct your entries at any time.  This can be done either באמצעות the "Back" button or the "Back arrow" in your internet browser. You can make corrections either directly on the individual offer pages in the existing input fields. It is also possible to update the products or delete individual products in the virtual shopping cart. All of these correction options are available up to and including the submission of the binding offer via the "Buy" button.

4. Contract language

The contract language is exclusively German.

5. Codes of Conduct

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

6. Order confirmation

After the customer submits the offer, they will receive a confirmation email.

7. Complaints and Warranty Claims

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

8. Essential characteristics of the goods

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

Section 9 Information Obligation Pursuant to the German Battery Act (BattG)

In connection with the sale of batteries or accumulators or the delivery of devices containing batteries or accumulators, we are obliged under the Battery Ordinance to inform you of the following: Batteries must not be disposed of with household waste. As an end user, you are legally obliged to return used batteries. You may 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 stores). You may also return batteries from our product range to us by post in customary quantities. Batteries or accumulators containing harmful substances are marked with the symbol of a crossed-out wheeled bin. Near the bin symbol is the chemical designation of the harmful substance. "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 symbols beneath the bins stand for:
Pb: Battery contains more than 0.004 percent lead by mass
Cd: Battery contains more than 0.002 percent cadmium by mass
Hg: Battery contains more than 0.0005 percent mercury by mass

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

Further detailed information on the Battery Act is also available from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

Section 10 Act on the Placing on the Market, Take-Back and Environmentally Sound Disposal of Electrical and Electronic Equipment

Manufacturers have been required since 13 August 2005 to take back old electrical devices placed on the market free of charge. Manufacturers must mark their electrical and electronic devices placed on the market after 23 November 2005 with a symbol (crossed-out wheeled bin). As retailers, we are legally obliged to inform you that such old devices 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 German Electrical and Electronic Equipment Act (ElektroG) of 23 March 2005, from 25 November 2005 onward we sell only electrical and electronic equipment from manufacturers that have registered accordingly with the competent authority and can provide proof of insolvency-proof guarantees for financing the take-back and disposal of their electrical equipment.

Section 11 Final Provision

The law of the Federal Republic of Germany shall apply to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. Consumers habitually resident abroad may also rely on the law of the state in which they have their residence, regardless of the specific choice of law.