General Terms and Conditions of Schrims GmbH – Online Shop

Contract terms within the framework of purchase contracts which are concluded via the web shop between Schrims GmbH – hereafter referred to as “Web Shop Vendor” and / or “Vendor” – and the client referred to in section 2 of the contract – hereafter referred to as “Client”.

§ 1 Scope of Validity, Definitions

  1. For the business relationship between the Web Shop Vendor and the Client, the following general terms and conditions in their respectively applicable version at the point of placing the order shall exclusively apply. Deviating conditions of the Client shall not be acknowledged, unless the Vendor gives their explicit consent in writing.

§ 2 Conclusion of the Contract

  1. The product presentations contained in the Vendor‘s online shop shall not represent binding offers on the part of the Vendor, but shall serve for the purpose of placing a binding order on the part of the Client.
  2. The Client may submit their offer via the online order form integrated in the online shop of the Vendor. In the case of an order via the online order form, the Client submits a legally binding order concerning the goods contained in the shopping basket after entering their personal data and by clicking the button “Order with obligation to pay” in the final step of the ordering process. Prior to sending the order, the Client may at any time change and inspect the data. However, the order application may only be submitted and transmitted if the Client accepts these contract terms by checking the box “I read and agree with the general terms and conditions” and thus incorporates them in their application.
  3. With the order, the Client makes a binding contractual offer. The Vendor shall promptly confirm the receipt of the Client’s order. The confirmation of receipt shall not be a binding acceptance of the order. However, the order confirmation may be linked with the acceptance confirmation.
  4. In principle, the purchase contract shall come into existence with the delivery of the goods. The payment method “advance payment” shall be an exception to this. In the case of the payment method “advance payment”, the purchase contract shall come into existence with the confirmation of receipt which, in this case, shall contain an acceptance confirmation. All offers shall be subject to confirmation. The right to reasonable technical and other changes shall be reserved.
  5. The Vendor shall be entitled to accept the contractual offer contained in the order within three working days upon receipt. The Vendor shall be entitled to refuse the acceptance of the order – for example, upon the examination of the Client’s credit standing.
  6. Should the product selected by the Client not be available when they place the order, the Vendor shall inform the Client about this in an order confirmation together with the expected delivery date. In the case of a delay in delivery of more than two weeks, the Client shall have the right to withdraw from the contract. Besides, the Vendor shall also be entitled to withdraw from the contract in this case. In doing so, they shall promptly reimburse payments possibly already made by the Client. If the product cannot be supplied in the long term, the Vendor shall refrain from confirming the order. In this case, no contract shall be concluded.
  7. The contractual wording shall be saved by the Vendor and shall be sent to the Client per email alongside the legally effective general terms and conditions upon the conclusion of the contract.
  8. The order processing and the contacting usually take place via email and automated order processing. The Client shall ensure that the email address indicated by them for the order processing is correct so that the emails sent by the Vendor can be received via this email address. In particular when spam filters are used, the Client shall ensure that all emails sent by the Vendor or by third parties, which have been commissioned with the order processing by the Vendor, can be delivered.

§ 3 Delivery

  1. The current delivery terms shall always be indicated on the website and with the order processing.
  2. The delivery of goods shall take place on a regular basis via dispatch and to the delivery address indicated by the Client. During the processing of the transaction, the delivery address indicated in the Vendor’s purchase transaction shall be relevant.
  3. Should the transportation company return the goods dispatched to the Vendor, since it was not possible to deliver them to the Client, the Client shall bear the costs for the unsuccessful delivery. This shall not apply if the Client exercises their right to revocation by refusing the acceptance, if they are not responsible for the circumstance which resulted in the impossibility to deliver the goods or if they were temporarily prevented from accepting the service offered, unless the Vendor had informed them about the service with a reasonable advance notice.

§ 4 Reservation of Ownership

Until the purchase price has been fully paid, the goods delivered shall remain in the ownership of the Vendor.

§ 5 Prices and Delivery Costs

  1. All prices which are indicated on the website of the Vendor shall be considered to be final prices and shall include the respectively applicable statutory VAT.
  2. Any delivery and shipping costs incurred shall be indicated separately in the offer concerning the respective product presentation, shall be shown in the order form and shall be borne by the Client.

§ 6 Payment Methods

  1. The Client may make the payment by means of an advance payment, by immediate transfer or via PayPal.
  2. The purchase price shall become payable eight days after the date of the order confirmation. Should a calendar date have been stipulated for the maturity of the payment, the Client shall already be in default by missing the date. In this case, they must pay to the Vendor a default interest of 5 percentage points above the base interest rate or, should they not act as a consumer, of 8 percentage points above the base interest rate.
  3. The obligation of the Client to pay the default interest shall not exclude the assertion of further default damage on behalf of the Vendor.

§ 7 Warranty for Material Defects, Guarantee

  1. The Vendor shall be liable for material defects according to the statutory regulations applying in this respect, in particular sections 434 et seq. of the German Civil Code [Bürgerliches Gesetzbuch – BGB]. The warranty obligation towards entrepreneurs for objects supplied by the Vendor shall be 12 months.
  2.  A guarantee for the goods supplied by the Vendor shall only exist if it was explicitly given in the order confirmation of the respective article.

§ 8 Liability

  1. Claims for compensation on behalf of the Client shall be excluded. Exceptions to this shall be claims for compensation on behalf of the Client arising from a violation of life, body or health as well as from a violation of the material contractual duties (material duties) as well as from the liability for other damage which is based on a intentional or grossly negligent violation of duty of the Vendor, its legal representatives or vicarious agents. Material Contractual Duties shall be such duties of which the performance is required in order to achieve the objective of the contract. With regard to the Vendor, in particular this shall be the duty to procure for the Client the ownership and possession of faultless goods.
  2. In case of a violation of Material Contractual Duties based on simple negligence, the Vendor shall only be liable for the foreseeable damage typical to the contract, unless it concerns a claim for compensation on behalf of the Client arising from a violation of life, body or health.
  3. The restrictions of para. 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Vendor, if claims are directly asserted against these parties.
  4. The regulations of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
  5. Insofar as we enable the access to other websites by means of links, we shall not be responsible for the third-party contents contained in these websites. We shall not adopt the third-party contents. Insofar as we are aware of illegal contents on external websites, we shall promptly block the access to these websites.

§ 9 Right to Withdrawal / Notice of Cancellation for Consumers

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Schrims GmbH, Lindenstrasse 49, D-61169 Friedberg, Germany, Phone no: +49(0)6031/7919 831; Fax no: +49(0)6031/7919 845, E-Mail-Address: info@schrims.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation:
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Cancellation Form (Download, PDF)

§ 10 Notes on Data Processing

  1. The Vendor shall collect data of the Client within the framework of the processing of contracts. In doing so, they shall observe the regulations of the German Federal Data Protection Act [Bundesdatenschutzgesetz] and of the Telemedia Act [Telemediengesetz]. Without the Client’s consent, the Vendor shall only collect, process and use inventory and usage data insofar as this is required for the processing of the contractual relationship and for the use and the invoicing of teleservices.
  2. Without the Client’s consent, the Vendor shall not use the Client’s data for advertising, market or opinion research purposes.
  3. It shall be possible for the Client at any time to obtain information about their data stored as well as to have this data corrected, blocked or deleted. The Client may send any requests concerning this matter to the Vendor via the following email address: info@schrims.com.
  4. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. However, should you activate the IP anonymisation on this website, Google will shorten your IP address within the member states of the European Union or in other contractual states of the agreement on the European Economic Area prior to the transmission. Only in exceptional cases, the entire IP address is transmitted to the Google servers in the United States and is shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you may prevent the acquisition of the data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of your data by Google by downloading and installing the browser plug-in available via the following link: (http://tools.google.com/dlpage/gaoptout?hl=de). For more information concerning this matter please see: http://tools.google.com/dlpage/gaoptout?hl=de and / or http://www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and on data protection). We point out that Google Analytics has been extended by the code “gat._anonymizeIp();” on this website in order to guarantee an anonymised collection of IP addresses (IP masking). (The explanations concerning Google Analytics observe the recommendation of www.datenschutzbeauftragter-info.de.)

§ 11 Final Provisions

  1. All legal relationships of the parties shall be subject to the law of the Federal Republic of Germany excluding the UN Sales Convention on Contracts for International Sale of Goods (CISG).
  2. If the Client acts as a businessman, a legal person subject to public law or to special funds subject to public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the headquarters of the Vendor. The same shall apply if the Client has no general place of jurisdiction in German or the EU or if the place of residence or the ordinary place of residence is unknown when the lawsuit is brought forward. The power to also bring a case before a court in another legal place of jurisdiction shall hereby remain unaffected.
  3. The contractual language shall be German.
  4. Should individual provisions of this contract be or become ineffective or should this contract contain a loophole, the remaining provisions shall hereby remain unaffected. The regulation entirely or in part ineffective shall be replaced with a regulation of which the economic success comes closest to the economic success of the ineffective provision.

SCHRIMS GmbH   /   Lindenstrasse 49  /   61169 Friedberg   /   Germany
TEL +49 (0)6031 7919831   /   FAX +49 (0)6031 7919845
info@schrims.com | www.handtaschenlicht.com | www.soi-baglights.com
Managing Director Maike Roos
Friedberg Local Court HRB 6974