Business Terms

General Contract Conditions / Information for Buyers

I. Basic Provisions (per 16.07.2012)

This sales contract is being concluded with
Dieter Schmid Werkzeuge GmbH, Wilhelm-von-Siemens-Str. 23, 12277 Berlin,
who is referred to hereinafter as the Vendor. Further information about the Vendor is given in the Impressum. The following contract conditions apply to all contracts concluded between the Vendor and any buyer and are expressly acknowledged each time an order is placed. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent vocational activity.

II. Conclusion of Sales Contracts

The Vendor's offers of goods in the Internet are not binding offers to conclude a sales contract; they are just invitations to place binding orders (Buyer's offer to buy).

The goods to be bought are put in the "shopping cart". You, the buyer, can call up the "shopping cart" and make changes to its contents at any time by just clicking the "shopping cart" button in the navigation bar. When the "order" button is clicked and the personal data required has been entered in the following page, then all the order data is displayed again.

Before you actually place the order, you will be able to recheck all the data entered, such as your name, address, shipment, mode of payment and goods ordered, and to change this data by clicking the "change order" button, or to abort the purchase.

When you click the "Buy" button, you send a binding offer to the Vendor. You then receive an automatic email that confirms that your order has been received but does not yet conclude the sales contract by accepting this offer to buy.

Your offer to buy is accepted, and thus the sales contract is concluded, by a separate email that confirms to you that your order is being processed or that the goods are being delivered.

If you do not receive such an order confirmation or notification of delivery within 7 work days, you will no longer be bound to your order. In this case, any money that has been received will be reimbursed without delay. The sole language of contract is German. The contract text (order data and general terms and conditions of contract) are stored with the Vendor. However, it is only stored for a limited period of time, so you are asked please to take care of obtaining a printout or storing the data in your own system. Independently of this, all relevant order data will be sent to you in an email that can be printed.

III. Prices and Costs of Shipment and Delivery

The prices stated in the offers are final prices. They contain all price components including statutory value added tax, as applicable.

Deliveries to outside the European Union are not subject to German value added tax. However, there might be import taxes or duties that you are obliged to pay to the customs or tax authorities with jurisdiction there (rather than to the Vendor).

The costs of shipment and delivery are not included in the purchase price. They can be viewed on the "Shipment Costs" page, are stated separately during the order creation procedure and are additional costs to be paid by you.

IV. Payment Conditions

You have a choice of the following modes of payment:

Advance payment by bank credit transfer
Instant bank credit transfer
Cash on delivery (plus fee of 6.00 euros for Germany and 12.00 euros international)
Payment by direct debit
Payment by credit card
Payment against an invoice (only for company customers)

The Vendor reserves the right to exclude certain payment modes in individual cases. Invoices issued by the Vendor are due for payment within 20 days.

V. Conditions of Shipment and Delivery

Deliveries are made within Germany and to the countries listed on the "Shipment Costs" page. With the exception of the payment modes cash on delivery and payment against an invoice, the goods are not shipped to the given delivery address until the Vendor has received both the purchase price in full and the costs of shipment and delivery.

The goods will be shipped within 1 or 2 work days after receipt of payment (or after order confirmation with payment modes cash on delivery and payment against an invoice) insofar as no other delivery period is stated in the description of the goods.

In the event that a product that you have ordered is unexpectedly unavailable for reasons for which the Vendor is not responsible, even though the Vendor has concluded an adequate cover transaction in time, you will be informed of this unavailability without delay and if you then withdraw from the contract, any payments already rendered will be reimbursed without delay.

Consumers are asked please to check their goods at once for completeness, obvious defects and damages due to transport and to inform the Vendor and the shipping company of any complaints as soon as at all possible. Failure to do so will not affect your claims based on warranty.

If you are a consumer, the risks of accidental loss of, destruction of, damage to or deterioration of any of the goods being shipped does not pass to you until these goods have been handed over to you, whereby this applies regardless of whether the shipment is insured or not insured.

If you are not a consumer, you assume the risks of shipment and delivery.

It is agreed that if the consumer revocation right is exercised in respect to distance contracts, then the consumer shall pay the costs of returning the goods if the goods delivered are in accord with the order and if the price of the goods to be returned does not exceed 40 euros or, in the case of a higher price, if the consumer had not already paid for the goods or rendered a contractually agreed partial payment at the time of the revocation.

VI. Warranty

The statutory provisions apply.
In the case of used goods, the warranty period is, in deviation from the statutory regulation, one year from delivery of the goods. This one year warranty period does not apply to damages arising from injury to life, limb, or health that are culpably caused and can be attributed to the Vendor, nor does it apply to damages caused by the Vendor due to gross negligence or intention, nor does it apply to fraudulent intent on the part of the Vendor, nor to rights of recourse pursuant to§§ 478 and 479 of the German Civil Code (BGB).
If the Buyer is an entrepreneur, then, in deviation from No. 1 above:
1. The agreed qualities of goods shall only be determined by the Vendor's own statements and the manufacturer's product description, and not by any other promotional materials, public extolments or other statements of the manufacturer.
2. The Buyer is obliged to inspect all goods with appropriate care for deviations from the agreed qualities and quantities without culpable delay and to notify the Vendor of any obvious defects in writing within 7 days of receipt of the goods, whereby this deadline is deemed to be met if the notification is sent in time. The same notification period applies to concealed defects that are discovered later, with this period beginning at the time of discovery. If these obligations to inspect goods and report deficiencies are not met, then claims under warranty cannot be asserted.
3. When remedying a defect, the Vendor can choose between improvement and substitute delivery. If the Vendor's attempt to remedy a defect fails twice, the Buyer can choose between demanding that the price be reduced and withdrawing from the contract. If the Vendor opts for improvement, the Vendor need not pay the increased costs that result if the goods have been brought to a place different from the place of fulfilment of the contract and this movement of the goods did not correspond to their intended use.
4. The warranty period is one year from delivery of the goods. Sentence 2 of point no. 2 above applies accordingly.

VII. Consumer Revocation Right

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent vocational activity.

Explanation of Revocation Rights

Revocation Right
You can revoke your declaration of contract within 14 days without stating a reason, either in text form (e.g. letter, fax, email) or - if the goods were placed at your disposal - by returning the goods. The revocation period begins when you receive this explanation in text form, but not before the goods have been delivered to the recipient named by you (in case of recurrent deliveries of goods of the same kind, not before the first delivery has been received) and also not before fulfilment of our obligations to provide information pursuant to Article 246 §2 in connection with §1 par. 1 and 2 EGBGB and our obligations pursuant to §312e par. 1 sent. 1 BGB in connection with Article 246 §3 EGBGB.
The deadline is deemed to be met if the revocation is sent or the goods are returned in time. The revocation is to be directed to:
Dieter Schmid Werkzeuge GmbH, Wilhelm-von-Siemens-Str. 23, 12277 Berlin

Consequences of Revocation
In the event of an effective revocation, all performance under the contract in either direction, including the advantages, if any, of performance received (e.g. interest), is to be returned. If you are unable to return the performance received, in whole or in part, or if you are only able to return it, in whole or in part, in deteriorated condition, then you have an obligation to us to render compensation for the value lost; however, in the case of goods this does not apply if the deterioration is to be attributed exclusively to inspection of them, such as in a manner which would have been possible in a store. You can also avoid the obligation to render compensation for value lost due to use of the goods as intended if you do not use the goods as if they were your own property but rather omit to do anything which could decrease their value.
Goods that can be shipped in a package are to be returned at our risk. You are obliged to pay the costs of returning the goods if the goods delivered are in accord with the order and if the price of the goods to be returned does not exceed 40 euros or, in the case of a higher price, if you had not already paid for the goods or rendered a contractually agreed partial payment at the time of the revocation. Otherwise, returning the goods entails no further cost to you. Goods that cannot be sent in a package will be picked up from you. Obligations to reimburse payments must be met within 30 days. This reimbursement periods starts for you on the day on which you send your declaration of revocation or return the goods, and it starts for us on the day on which your declaration of revocation or the goods returned are received.

Exclusion of the Right of Revocation
There is no right of revocation in the following cases, among others: contracts for delivery of goods that are prepared in accordance with customer specifications or are clearly adapted to personal needs or that are of such nature that they are not suitable for being returned or could spoil quickly or their expiration date has passed; contracts for delivery of audio or video recordings or of software insofar as the seal on the data medium delivered has been broken by you; and contracts for delivery of newspapers, magazines, or other periodicals (unless you issued your declaration of contract for delivery of newspapers, magazines or other periodicals by telephone).
End of the explanation of revocation right.

VIII. Retention of Title

The goods continue to be property of the Vendor until the purchase price has been paid in full.
The following apply in addition if the Buyer is an entrepreneur:
1. The Vendor retains title to the goods until all claims arising from the current business relationship have been paid in full. The goods may not be pledged or assigned as a security until ownership of the goods has passed to the Buyer.
2. They Buyer may resell the goods during the normal course of business. For this case, the Buyer hereby assigns to the Vendor in advance all claims in the amount of the invoice total that accrue to the Buyer through resale and the Vendor accepts this assignment. The Buyer is further entitled to collect all such claims. However, insofar as the Buyer does not comply with its payment obligations to the Vendor, the Vendor reserves the right to collect these claims itself.
3. When goods to which the Vendor retains ownership are combined with or mixed with other things, the Vendor acquires co-ownership of the new thing in accordance with the ratio of the invoice value of the said Vendor's goods to the value of the said other things at the time of processing.
4. The Vendor agrees that upon demand by you, the Buyer, the Vendor shall release the securities to which the Vendor is entitled to the extent that the realisable value of the Vendor's securities exceeds the claim to be secured by more than 10%, whereby the Vendor may decide which of these securities shall be released.

IX. Limitation of Liability

Liability of the Vendor for slightly negligent violations of duty is excluded insofar as this does not affect essential contractual obligations (obligations which must be met for the contract to be carried out properly, for which a violation would constitute a threat to achievement of the contract's purpose, and on compliance with which you as customer normally rely); damages arising from injury to life, limb, or health; guarantees for agreed qualities of goods being purchased or even claims under the German Product Liability Act. This also applies to violations of duty on the part of any of the Vendor's assistants. Liability is limited to the damages which must be reckoned with for the type of contract in question. This limitation of liability does not apply to cases of intention or gross negligence.

X. Place of Fulfilment, Jurisdiction

Only German law shall apply, whereby application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Place of fulfilment for all performance arising from the existent business relationships with the Vendor as well as the place of jurisdiction shall be the seat of the Vendor insofar as the Buyer is not a consumer, but rather a merchant, a legal entity of public law or a special fund under public law.

XI. Notice about the Regulation on Batteries and Accumulators

In connection with the sale of batteries or accumulators or with delivery of devices that contain batteries or accumulators, the Vendor is obliged under the German regulation on the acceptance and disposal of waste batteries and accumulators (BattV) to advise you of the following: batteries may not be disposed of in household trash. You, as ultimate consumer, are obliged by law to return waste batteries. Waste batteries can be returned without charge at the place of sale or in your vicinity (e.g. in community collection points or in retail stores). Moreover, you can also send batteries back to the Vendor by regular mail. In every case the Vendor will reimburse you for the postage for returning your waste battery. Batteries and accumulators that contain harmful substances are labelled with the symbol of a trash can that has been crossed out, as follows:

Pb = Battery contains lead
Cd = Battery contains cadmium
Hg = Battery contains mercury.