Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of title
  7. Liability for defects (Warranty)
  8. Liability
  9. Special conditions for assembly/installation services
  10. Redemption of promotional vouchers
  11. Applicable Law
  12. Jurisdiction
  13. Code of Conduct
  14. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of bruchsteinplatten.de - SL Schwedt Logistik GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legally capable partnership that acts in the course of concluding a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer through the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer can also submit the offer to the seller via email, by post, or by phone.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by prompting the customer to make a payment after placing their order.

If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in accordance with the PayPal Terms of Use, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares the acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and is transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There is no further accessibility of the contract text provided by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by providing the corresponding login details.

2.6 Before submitting the order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless stated otherwise in the seller's product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed upon, the payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 When selecting a payment method offered through the payment service "PayPal," the payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods through PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.5 When selecting the payment method "SOFORT", the payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" online at https://www.klarna.com/sofort/ retrieve.

4.6 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about these. More information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.7 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without any deductions, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 For goods delivered by freight, the delivery is made "free curbside," meaning to the nearest public curb at the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation specified in the seller's withdrawal instruction applies in the case of an effective exercise of the right of withdrawal by the customer.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.6 If the seller offers the goods for pickup, the customer can collect the ordered goods at the address specified by the seller during the business hours indicated by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made.

7) Liability for defects (Warranty)

Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • the limitation period for warranty rights for new goods is one year from the delivery of the goods;
  • the rights of defects are excluded for used goods;
  • the limitation period does not restart when a replacement delivery is made under the warranty for defects.

7.2 The liability limitations and deadline reductions regulated above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual purpose for a building and have caused its defects,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations specified there, the goods are considered approved.

7.5 If the customer acts as a consumer, they are requested to report any obvious transport damages of delivered goods to the carrier and to inform the seller about this. If the customer does not comply, this will have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason.

  • in case of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • due to a warranty promise, unless otherwise stipulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Significant contractual obligations are those duties imposed on the seller by the contract's content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions also apply to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for assembly/installation services

If the seller is obligated under the terms of the contract to provide not only the delivery of goods but also the assembly or installation of the goods at the customer's location, as well as any necessary preparatory measures (e.g., measurements), the following applies:

9.1 The seller provides his services at his discretion either personally or through qualified personnel selected by him. The seller may also engage the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to choose a specific person to perform the desired service.

9.2 The customer must provide the seller with all the necessary information required for the provision of the owed service completely and truthfully, unless the procurement of such information falls within the seller's obligations according to the content of the contract.

9.3 The seller will contact the customer after the contract is concluded to arrange an appointment for the owed service. The customer is responsible for ensuring that the seller or the personnel appointed by them have access to the customer's relevant facilities at the agreed time.

9.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the customer only upon completion of the assembly work and the handover to the customer.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued by the seller as part of promotional campaigns for a specific validity period free of charge and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online store and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is indicated in the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the order process. A subsequent adjustment is not possible.

10.4 Multiple promotional vouchers can be redeemed with a single order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

11) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to bring the matter before the court at the customer's place of business.

13) Code of Conduct

14) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.