Terms and conditions
General Terms and Conditions (Effective: March 2016)
These General Terms and Conditions apply to the purchase of goods in our online shop at www.paul-schrader.com. Your contractual partner is Paul Schrader GmbH & Co. KG, Gutenbergstrasse 7, 28844 Weyhe.
1. Conclusion of Contract and Access to the Text of the Contract
1.1 The presentation of the products in the online shop does not constitute a legally binding offer on our part but rather a non-binding online catalogue. By sending your purchase order, i.e. by clicking the “buy” button, you are submitting a binding offer to buy the goods contained in your basket. We will acknowledge receipt of your purchase order without delay by electronic means (e.g. by email). The acceptance of your offer (and thereby the conclusion of the contract) shall be made in any case by an express declaration on our part in text form (e.g. email) in which we shall inform you of the processing of your purchase order or the despatch of the goods, or by sending you the goods. If you have not had any notice of acceptance of your offer within 5 days and have not received any goods then you are no longer bound by the purchase order. Any payments that might already have been made shall be refunded without delay in this case.
1.2 These General Terms and Conditions are stored by us. You can view the General Terms and Conditions at any time in our online shop at www.paul-schrader.com. If you have a user account in our online shop you can view your past orders after you have logged into the personal area "My Schrader" in our shop www.paul-schrader.com.
2. Reservation concerning Sub-Suppliers
We shall be released from our obligation to deliver if we purchase the product that you have ordered from a supplier and the supplier does not deliver. This shall only apply in the event that the non-delivery is not our fault and we have concluded a congruent covering transaction. We shall inform the customer without delay regarding the non-availability of the goods and refund the payment for them.
Right of Cancellation
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us (address: Paul Schrader GmbH & Co. KG, Gutenbergstrasse 7, 28844 Weyhe; email: email@example.com, telephone: 0049 4203 43 43 4; fax: 0049 4203 43297 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website:
cancellation form template
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Cancellation
If you cancel this contract we have to refund all payments which we have received from you including delivery charges (with the exception of additional costs incurred if you have selected a type of shipment other than the cheapest standard delivery that we offer), without delay and at the latest within fourteen days of the date on which the notification of your cancellation of this contract was received by us. We shall use the same method of payment for this refund as you used for the original transaction, unless otherwise agreed expressly with you; in no case will fees be charged to you because of the refund. We may refuse to action the refund until we have received the goods back or you have provided proof that you have sent the goods back, depending on which is the earliest. You must return or hand back the goods without delay and in any case at the latest within fourteen days of the date on which you informed us of the cancellation of this contract. The deadline has been met if you send the goods before the expiry of the fourteen day deadline. 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.
No Right of Cancellation
There shall be no right of cancellation in the case of
1. the supply of goods which are liable to deteriorate or expire rapidly.
2. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
We suggest you to use the voluntary return service:
In cooperation with DHL we offer you a comforting, personal and free of charge way of online return-services:
Our customer service receives your returns message per e-mail (firstname.lastname@example.org) and creates the return-label.
We will send you the return-label as a PDF-document to your provided e-mail address and you can print it, stick it on the package and hand over the package to the post office or any pack-station.
You can also send us a fax:
Telefax: 0049 4203 43 297
The European Commission provides an official platform for out-of-court mediation. So consumers are given the possibility to resolve any disagreements concerning their online shop orders out-of-court. You can reach this platform under http://ec.europa.eu/consumers/odr More comfortable and quicker is to contact our customer support, who will be pleased to handle your complaint or claim immediately.
Only German law is valid. The application of the UN Convention on Contracts for the International Sale of Goods dated 11.04.1998 is excluded. Furthermore the mandatory regulation of the law of the state of your habitual abode is only then valid, if you have placed your order as a private person (consumer contract).
4. Terms of Delivery and Delivery Time
The delivery shall be made within 10 calendar days.
For shipping to addresses in the following countries we charge following fees:
Shipping per package and address within EU (except Austria and Switzerland) 13,95€
rest of Europe 13,95€
to USA and Canada 27,95€
You can pay us by Paypal, credit card or by payment in advance. You will receive our invoice with the delivery of the ordered product. On receipt of the invoice you have 10 days to pay it. If you do not pay within this time you will be in default. In the event of default we can claim default interest in the sum of 5 percent above the base rate as well as further default damages.
We shall be liable for material or legal defects in relation to delivered products in accordance with the applicable statutory provisions (Sections 434 et seq. of the German Civil Code - BGB). The statute of limitation for statutory claims for defects is two years and shall begin upon delivery of the product. In the case of some technical articles you will receive an additional manufacturer’s warranty, which is sent with the goods.
7.1 Irrespective of the other provisions in this Section 7, we shall be liable for damages arising from injury to life, body or health or to the extent that we have undertaken a warranty in accordance with statutory provisions.
7.2 Apart from the aforementioned cases, we shall not be liable for damages which were caused by ordinary negligence. This liability exclusion shall apply to our liability to pay damages irrespective of the legal basis, in particular also for late or incomplete deliveries, neglect of obligations in contract negotiations, or unlawful actions. In the event of only negligent (i.e. minor negligence and not gross negligence) breach of essential rights or obligations (i.e. obligations where their fulfilment is essential to enable the ordinary execution of the contract and which you should normally be able to rely on) our liability shall however continue to apply, but it shall be limited to foreseeable damages that are typical of the contract.
8. Retention of Title
The delivered goods shall remain our property until full payment.
You can find more information on data protection here.
Paul Schrader GmbH & Co. KG