Terms & Conditions
General Terms and Conditions of SCHIESSER GmbH – Online Shop
§ 1 Scope of Application
1. These General Terms and Conditions Online Shop ("Terms and Conditions") of SCHIESSER GmbH, Schützenstraße 18, 78315 Radolfzell, Germany, ("SCHIESSER" or "we/us") apply exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB), that is to say any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity ("Customer" or "you/your"). The Terms and Conditions apply to all contracts concluded between SCHIESSER and the Customer via the SCHIESSER online shop for the delivery of goods in their valid version at the time of ordering. Deviating terms and conditions and/or other conditions of the Customer are expressly rejected, regardless of their designation, unless SCHIESSER separately agrees to their applicability in writing.
2. The range of goods in the online shop is directed exclusively at consumers who have their usual place of residence in the territory of Switzerland or Liechtenstein and who can provide a delivery address in one of the aforementioned countries.
§ 2 Conclusion of Contract
1. The Internet pages in the SCHIESSER online shop merely constitute a sales prospectus ("Online Catalogue Page"). The presentation of products in the online shop is only an invitation to you to make an offer (order). All information is therefore without obligation and non-binding.
2. The order confirmation sent to you by email following your order serves solely for your information that we have received your order (for details of the ordering process, see § 3 of these Terms and Conditions). No purchase contract is concluded hereby.
3. The purchase contract is concluded only upon dispatch of our goods and your receipt of a corresponding confirmation by email. In this confirmation or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of order, Terms and Conditions, revocation information and confirmation) will be sent to you on a permanent data carrier (email or paper printout). Should we discover during processing of your order that the products you have ordered are not available, we will inform you of this separately by email.
§ 3 Ordering Process
The ordering process in our online shop comprises a total of 5 steps.
1. In the first step, you select the desired items and place them in the shopping cart by clicking the "Add to Cart" button.
2. In the second step, you can decide whether you want to create a customer account in our online shop or whether you want to complete your order without a customer account.
3. In the third step, you enter your personal data including billing address and, if necessary, a different delivery address. In this step, you must, in the case of a new registration or guest order, accept our Terms and Conditions and data protection provisions by ticking a box, which you can access there via a corresponding link.
4. In the fourth step, you select one of the offered payment methods.
5. In the last step, you have the opportunity to review and, if necessary, correct all information (e.g. name, address, payment method, ordered items) once more. Before sending your order, you will be explicitly informed of the applicability of these Terms and Conditions, our data protection provisions and the revocation information, which you can access there via a corresponding link. You will also be explicitly informed that you consent to the applicability of the aforementioned conditions and provisions by placing your order. The order and thus a binding purchase offer is made by clicking the "Buy Now" button. The conclusion of the purchase contract is governed by § 2 of these Terms and Conditions.
6. Goods shall only be supplied in household-customary quantities.
§ 4 Minors
SCHIESSER does not accept orders from customers who have not yet reached the age of 18. Even our products for minors can only be purchased by persons over 18 years of age. If you have not yet reached the age of 18, you may only order in our online shop together with your parents or a legal guardian.
§ 5 Revocation Information
1. Right of Revocation
You have the right to revoke this contract within fourteen days without stating reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
In the case of a contract for multiple goods that you have ordered as part of a single order and which are delivered separately, the revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
To exercise your right of revocation, you must inform us, SCHIESSER GmbH, Schützenstraße 18, 78315 Radolfzell, Germany, Email widerruf@schiesser.com; Telephone: +49 1805 212699 (depending on your telecommunications service provider, charges for an international call to Germany may apply); by means of a clear declaration (e.g. a letter sent by post or email) of your intention to revoke this contract.
You can also use the enclosed revocation form (https://shop.schiesser.com/en-ch/pages/withdrawal-form) for this purpose, however this is not required. You can also fill out and submit the revocation form electronically on our website. If you make use of this option, we will send you an immediate confirmation of receipt of the revocation by email.
To meet the revocation deadline, it is sufficient that you send the notification of the exercise of the revocation right before the expiry of the revocation period.
2. Consequences of Revocation
If you revoke this contract, we must refund all payments that we have received from you, including any shipping costs (with the exception of additional costs that result from you choosing a different type of delivery than the inexpensive standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract.
For this refund, we will use the same payment method that you used in the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged a fee for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the revocation of this contract, after agreeing a suitable date via Pick@Home. The deadline is met if you send the goods before the end of the fourteen-day period.
We bear the cost of collection of the goods (Pick@Home).
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Testing the properties and functioning means testing and trying out the respective goods, as is possible and customary in a retail shop. Furthermore, you can avoid the obligation to pay compensation by not using the item as your own property and refraining from anything that would impair its value.
Model Revocation Form
If you wish to revoke the contract, please fill out this form and send it back to: SCHIESSER GmbH, Schützenstraße 18, 78315 Radolfzell, Germany, Email widerruf@schiesser.com
- I/we (*) hereby revoke the contract for the purchase of the following goods (*)/the provision of the following services (*) that I/we (*) have concluded
- Ordered on (*) / received on (*):
- Name of the consumer(s):
- Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper)
Date
(*) Please delete as appropriate
End of Model Revocation Form
3. Exclusion of the Right of Revocation
The right of revocation does not apply to delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal requirements of the consumer, goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery, or in the case of other statutory exclusion grounds.
End of Revocation Information
§ 6 Delivery and Additional Right of Return
1. Unless otherwise agreed, delivery will be made to the delivery address you have specified. Delivery is only made within Switzerland. Delivery is carried out by our logistics service provider, Post CH AG.
2. The delivery time is approximately five to seven working days (Monday to Friday) within Switzerland.
3. Notwithstanding the statutory right of revocation (see § 5 of these Terms and Conditions), you have an additional right of return to be exercised within twenty-eight calendar days from receipt of goods. Within this period (period begins on the day after receipt of goods), you may return or hand over the goods provided they are complete and in original packaging and are in unused and undamaged condition. Return of the goods is free of charge for you, provided you arrange collection of the return via Pick@Home. Timely collection is sufficient to meet the deadline. Payments already made to us will be refunded to you if you comply with the requirements described above. For this refund, we will use the same payment method that you used in the original transaction, unless explicitly agreed otherwise with you. The right of return described above does not affect your statutory rights and claims, in particular your statutory right of revocation and your statutory warranty rights.
§ 7 Prices and Shipping Costs
1. The prices stated in the online shop at the time of ordering apply. These are inclusive of the applicable statutory sales tax.
2. Before concluding your order, we will inform you of any shipping costs you may have to bear, itemised separately from the goods price, in the order form. For more information on any shipping costs you may have to bear, see https://shop.schiesser.com/en-ch/pages/payment-methods-shipping.
§ 8 Payment Terms
1. SCHIESSER accepts the displayed payment methods as part of the ordering process. The following payment methods are offered in the online shop:
Advance payment
Invoice
Credit card (Mastercard and Visa)
2. We reserve the right to conduct a creditworthiness check in compliance with all applicable data protection regulations and, in the event of a negative credit report, in particular if you are in arrears with invoices from previous orders in our online shop, the right to process your order only under the payment methods proposed by us (e.g. advance payment). We will inform you of this decision immediately, in any case before a purchase contract is concluded (see § 2 para. 3 of these Terms and Conditions).
3. If you pay by invoice, the amount must be paid within 14 days of receipt of the invoice to the account specified in the invoice. The invoice is included in the parcel.
4. Should you fall into payment arrears with the payment of your invoice, you are liable for compensation of any damages caused to us in this way, in particular any costs incurred by us in the pursuit of our claims, out of court and in court (including – if the statutory requirements are met and taking into account statutory fee provisions – costs for collection agencies and/or legal assistance).
§ 9 Retention of Title
The delivered goods remain the property of SCHIESSER until full payment has been made.
§ 10 Warranty
1. The warranty for defects in the purchased goods is governed by the statutory provisions. In particular, the customer can demand subsequent fulfilment (replacement or rectification of defect/repair). However, SCHIESSER is entitled to refer the customer to replacement if rectification of the defect is only possible at disproportionate cost. In doing so, the value of the item in perfect condition, the significance of the defect and the question of whether recourse to replacement could be had without significant disadvantage to the customer must be taken into account.
2. Warranty rights are excluded if you modify the goods and thereby cause the defect.
3. You can assert your warranty claims by providing your order number, your name and address and a brief statement of the reasons, by email to kundenservice@schiesser.com. The defective goods must be returned to us for inspection via collection, to be arranged via pick@home. By complying with the above requirements, you will facilitate our inspection and accelerate processing. A restriction of warranty rights does not go hand in hand with any non-performance. In this regard, the statutory provisions apply.
§ 11 Offsetting, Retention
You only have the right to offset if your counterclaims have been legally determined or are undisputed by us. You are only entitled to exercise a right of retention insofar as your counterclaim arises from the same contractual relationship.
§ 12 Data Protection
The protection of your personal data, which you provide to us as part of your business relationship in the online shop, is very important to us. We will only process your data in accordance with our data protection provisions. You can view and print the data protection provisions here .
§ 13 Copyright and Trade Mark Law
1. The entire content of the website, in particular texts, graphics, photos, illustrations and software, is the property of SCHIESSER. This content is protected by copyright and other industrial property rights. Reproduction, modification, storage or other processing is not permitted.
2. All trade marks used on the website are – unless otherwise stated – the property of SCHIESSER. Use or exploitation of the trade marks in any form without our consent is prohibited.
§ 14 Liability
1. We are not liable, subject to the exceptions stated below, in particular not for the customer's claims for damages or reimbursement of expenses – regardless of the legal basis – in the event of breach of contractual or statutory obligations.
2. The above limitation of liability pursuant to § 14 para. 1 does not apply:
- to our own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty of statutory representatives or agents;
- to the breach of essential contractual obligations. "Essential contractual obligations" are those whose performance is characteristic of the contract and on which the customer may rely;
- in the event of injury to body, life or health, even by statutory representatives or agents;
- insofar as we have assumed liability for the quality of our goods or the existence of a service result or a procurement risk within the meaning of § 276 BGB;
- in the event of liability under the Product Liability Act or other legally mandatory liability provisions
3. In the event that only slight negligence can be attributed to us or our agents and no case of § 14 para. 2 above, third, fourth and fifth bullet points applies, we are liable even in the event of breach of essential contractual obligations only for the contract-typical and foreseeable damage.
4. The limitations of liability pursuant to the above § 14 para. 1 – 3 apply to the same extent in favour of our bodies, our executive and non-executive employees and other agents as well as our subcontractors.
5. No reversal of the burden of proof is associated with the above regulations.
§ 15 Final Provisions
German law applies to all contracts between you and SCHIESSER, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions for the restriction of choice of law and the applicability of mandatory (consumer protection) provisions, in particular of the state in which the customer as a consumer has his usual place of residence, remain unaffected.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order out of court in the first instance. The dispute resolution platform can be found at: https://ec.europa.eu/consumers/odr/. Otherwise, SCHIESSER does not participate in dispute resolution proceedings before a consumer conciliation body (§ 36 VSBG).
§ 16 Provider of the Website
The website offered under the domain shop.schiesser.com is operated by:
SCHIESSER GmbH
Schützenstraße 18
78315 Radolfzell
Germany
Represented by the Managing Director:
Sonja Balodis
Telephone: +49 (0) 7732 90-0
Fax: + 49 (0) 7732 90 - 65 55
Email: kundenservice@schiesser.com
Registration court, District Court Freiburg,
HRB 725198
VAT: CHE-489.464.739
