(1) These General Terms and Conditions from DR.SCHNELL Chemie GmbH (“DR.SCHNELL”) govern the initiation and the circumstances of the Contract with which the Purchaser orders cleaning products or other care products from DR.SCHNELL Chemie via the websites or domains in the ownership of DR.SCHNELL Chemie GmbH, which are dispatched to him following the online order.
(2) DR.SCHNELL shall implement the Purchaser’s orders on the basis of these General Terms and Conditions in the version valid at the time of the order. DR.SCHNELL shall not recognise regulations deviating from these General Terms and Conditions unless DR.SCHNELL expressly agrees to their validity in writing.
(1) A net minimum order value of € 25.00 incl. Tax per order is a requirement for a contract initiation.
(2) The Contract between DR.SCHNELL and the Purchaser shall initiate when the Purchaser fills in the order form and makes an offer for conclusion of a contract to DR.SCHNELL by clicking with the mouse on the “send” button, which DR.SCHNELL accepts in principle by sending an email confirming the Purchaser’s order. By clicking with the mouse on the “send” button, the Purchaser expressly recognises the validity of these General Terms and Conditions.
(3) DR.SCHNELL shall be entitled to withdraw from the Contract if the products ordered by the Purchaser are not available by way of exception or if the Purchaser’s order is due to typing, printing or arithmetical errors on the website in the ownership of DR.SCHNELL Chemie GmbH.
(4) The full and correct submission of the Purchaser's address data - in particular his email address – in the order form is the prerequisite for the correct processing and delivery of the Purchaser’s order.
(1) If the Purchaser is not a consumer, the products shall be dispatched at the purchaser’s risk; responsibility for the risk shall be transferred when the goods are handed over to the carrier. Article 9 (1) shall remain unaffected.
(2) Promises about precise delivery dates are only binding with express written confirmation from DR.SCHNELL.
(1) Until all claims from DR.SCHNELL vis-à-vis the purchaser have been paid, the goods shall remain the property of DR.SCHNELL (Article 449 German Civil Code).
(2) The purchaser is revocably entitled to sell the goods within the context of an orderly commercial transaction. Any other disposal, in particular hypothecation, transfers by way of security or exchange, shall not be permitted. Hypothecation performed by a third party or any other impairment of the rights to the consignment owned by DR.SCHNELL shall be reported to DR.SCHNELL without undue delay. The purchaser shall now assign to DR.SCHNELL all of the demands with ancillary rights due to him from the selling-on and commercial relationship with his clients associated with selling-on. If the consignment is sold by the purchaser together with other goods that do not belong to DR.SCHNELL, the assignment of the purchase price demand shall apply only in the amount of the value of the consignment.
(3) If the purchaser gets into arrears with this payment obligation vis-à-vis DR.SCHNELL or if he infringes one of the obligations resulting from the agreed reservation of title or if insolvency proceedings are opened on his assets, DR.SCHNELL shall be entitled to withdraw from the Contract. Moreover, all of the demands due to DR.SCHNELL from the purchaser shall be immediately due for payment, even if promissory notes with a later due date are running or if payment dates have been set under these General Terms and Conditions.
(4) If the entire residual debt is not paid immediately, DR.SCHNELL shall be entitled to demand the immediate return of the goods while excluding all rights of retention. All of the costs incurred while recovering possession of the goods, in particular transport and inspection, shall be borne by the purchaser. In this case DR.SCHNELL shall be entitled to sell for the best possible price the recovered objects including accessories by private sale, after prior announcement irrespective of the purchaser’s obligation to pay. After deduction of the costs, the revenue shall be credited to the purchaser’s total debt.
(1) The invoice amount shall be paid by cash on delivery.
(2) Travelling sales people shall be authorised to accept payments only if they present an authority to collect to the purchaser.
(1) The purchaser may offset against DR.SCHNELL only such claims that have been identified with legal effect or that have been recognised in writing by DR.SCHNELL.
(2) The purchaser is authorised to exercise a right of retention only to the extent that his counter claim is based on the same contractual relationship.
(1) If the purchaser is a consumer within the meaning of Article 13 German Civil Code, he may cancel his order in text form (e.g. letter, fax or email) or by returning the goods within 14 days without stating any reasons. A consumer within the meaning of sentence 1 above is any natural person who orders goods from DR.SCHNELL for a purpose that is neither for his commercial or self-employed professional activity.
(2) The 14 day cancellation period shall start on the day on which the purchaser receives the goods. The cancellation shall be sent to the following address:
DR.SCHNELL Chemie GmbHThe purchaser sending the cancellation on time shall be sufficient for adhering to the cancellation deadline.
(3) If the goods have already been delivered, the purchaser is required to return them. The costs of return shall be borne by the purchaser if the value of the goods is not over € 40.00.
(4) In the event of cancellation, DR.SCHNELL reserves the right to demand compensation for lost value for a deterioration of the goods due to use of the goods exceeding inspection.
(5) If the purchaser is not a consumer within the meaning of Article 13 German Civil Code, he has no right to cancel.
(1) If the goods supplied have a defect for which DR.SCHNELL is responsible, the purchaser may demand equivalent compensation (remedying the defect or delivery of an item free of charge). The right to choose the type of compensation shall lie with the purchaser if he is a consumer, otherwise with DR.SCHNELL.
(2) The guarantee period is two years and commences on the day of delivery of the goods to the purchaser. If the purchaser is not a consumer, the guarantee period is one year.
(3) Claims due to apparent defects are excluded if they are not reported to DR.SCHNELL within fourteen days of receipt of the goods.
A purchaser who is not a consumer shall report defects to DR.SCHNELL without undue delay, at the latest within three successive working days. In the case of noticeable defects, this shall commence with delivery of the goods, in the case of hidden deficits from the time when the purchaser discovered the defect when examining the goods.
(4) If compensation by DR.SCHNELL fails after an appropriate deadline has been set by the purchaser, the purchaser shall be entitled to withdraw from the Contract or to demand corresponding reduction in the purchase price. If the purchaser is not a consumer, DR.SCHNELL shall be entitled to further compensation. These rights shall be exercised vis-à-vis DR.SCHNELL in writing with an exclusion deadline of one month, starting with the time of the last failed attempt at subsequent performance.
(5) DR.SCHNELL shall be liable for negligent damages due to the infringement of key contractual obligations or if promised properties are not present. Furthermore DR.SCHNELL shall be liable only for damage arising from injuring life or physical safety – irrespective of the legal reason – under the Product Liability Act or if the damage was deliberately or negligently caused by DR.SCHNELL or its vicarious agents.
(6) DR.SCHNELL shall not be liable for damage that have not been caused to the delivered goods themselves, in particular not for damage as a consequence of defects, lost profits, compensation for expenditure in vain or other damage to the purchaser’s assets.
(7) DR.SCHNELL shall be liable in the event of the negligence of a key main contractual obligation to the maximum of the typically foreseeable damages, which usually do not exceed the purchase price of the goods ordered.
(1) All liability of DR.SCHNELL due to inappropriate packaging or loading shall be excluded with the acceptance without complaint of the consignment by the courier service or other freight forwarder.
(2) All packagings that are not expressly called loan packagings in the invoices shall not be returned.
(1) The purchaser is hereby informed pursuant to Article 33 (1) Federal Data Protection Act that DR.SCHNELL saves his full address, the other personal data transmitted by the purchaser and his orders in machine readable form and processes them by machine to deal with the contract with the purchaser.
(2) DR.SCHNELL guarantees confidential treatment of the data mentioned in (1) above during the term and upon completion of the contract.
(1) The place of performance for all obligations arising from the contractual relationship between DR.SCHNELL and the purchaser is Munich, Germany.
(2) If the purchaser is a merchant, a legal person under public law or separate fund under public law, the sole place of jurisdiction is Munich, Germany.
(3) The law of the Federal Republic of Germany shall apply, excluding UN sales law.
If one provision of these General Terms and Conditions proves to be invalid, the effect of the Contract and the other General Terms and Conditions shall remain unaffected. The statutory regulation shall replace the invalid provision.
Please insert the first letter(s) and choose from the list.
