Terms and Conditions / General Terms and Conditions

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders from the online shop

Brothers Schmidt KG,
represented by the general partner Dorothee Schmidt
Michelswiese 9, 55743 Idar-Oberstein
Tel. +49 (0) 6784 9936 888
Email: info@gs-kunststofftechnik.de

(2) The range of goods in the online shop is aimed exclusively at buyers who have reached the age of 18. have completed their year of life.

(3) Deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict the general terms and conditions is already contradicted.

(4) The contract language is exclusively German.

(5) The currently valid General Terms and Conditions can be accessed and printed out on the website.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to submit an offer by placing an order in the online shop.

The ordering process for the conclusion of the contract takes place in the online shop as follows:
- Selection of the offer in the desired specification (size, color, number)
- Place the offer in the shopping cart
- Confirm the button "Checkout"
- Enter the billing and delivery address
- Choice of payment method
- Review and processing of the order and all entries
- Click/confirm the button "Order now with obligation to pay"

The buyer hereby submits a binding purchase offer (§ 145 BGB).

(2) After receipt of the purchase offer, the receipt of the order will be confirmed by means of an automatically generated e-mail. This confirmation of receipt does not constitute acceptance of the purchase offer. A contract does not come about through the confirmation of receipt.

(3) A purchase contract for the goods is only concluded if acceptance of the purchase offer has been expressly declared or the goods have been dispatched without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages are final prices and include the statutory VAT and other price components and do not include VAT. the respective shipping costs.

§ 4 Minimum order value/shipping costs/return costs

(1) The minimum order value is € 5.00. The following shipping costs apply once per order:
- Shipping within Germany: € 3.50
- Shipping within the EU: € 25.00
- International shipping: € 50.00

(2) In the case of partial deliveries, the shipping fee is only charged once. For an order from an amount of € 75.00 no shipping costs will be charged.

(3) If there is a right of withdrawal and this is asserted in a timely manner, the buyer bears the costs of the return.

§ 5 Terms of Payment; default

(1) Payment can be made either:
- Invoice
- Credit card
- PayPal or

(2) The payment option by invoice is available to consumers from the 5th Order available, commercial customers/entrepreneurs from the 2nd An order. The invoice amount is to be transferred to the account within 14 days of receipt of the goods.

(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order ("authorization"). Your credit card account is actually debited at the time the goods are shipped.

(4) If the buyer is in arrears with a payment, he is obliged to pay the statutory default interest of 5 percentage points above the base interest rate. A reminder fee of EUR 5 will be charged for each reminder letter sent to the buyer after the default has occurred.

§ 6 Offsetting/right of retention

(1) The buyer is only entitled to set off if his counterclaim has been legally established or is not disputed by the provider.

(2) The provider can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 7 Delivery; retention of title

(1) Unless otherwise agreed, the goods are delivered by the provider from his warehouse to the address specified by the buyer.

(2) The goods remain the property of the provider until the purchase price has been paid in full.

(3) If the buyer is an entrepreneur within the meaning of § 14 BGB, the following applies:

The provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed. The entrepreneur may resell the goods in the ordinary course of business. In this case, he already assigns all claims in the amount of the invoice that accrue to him from the resale to the provider. The provider accepts the assignment. The entrepreneur remains to collect the
claims authorised. If the entrepreneur does not properly meet his payment obligations, the provider reserves the right to collect the claims himself. If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. The provider is obliged to release the securities to which he is entitled upon request insofar as the realizable value of these securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.

§ 8 Cancellation Policy

In the event that the buyer is a consumer within the meaning of Section 13 of the German Civil Code, i.e. makes the purchase for purposes which are predominantly neither commercial nor self-employed, the buyer has a right of withdrawal in accordance with the following provisions.

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period
is fourteen days from the day on which you or a third party designated by you who is not the carrier take possession of the goods or Has.
To exercise your right of withdrawal, you must inform us

Brothers Schmidt KG,
represented by the general partner Ms. Dorothee Schmidt
Michelswiese 9, 55743 Idar-Oberstein
Tel. +49 (0) 6784 9936 888
Email: info@gs-kunststofftechnik.de

by means of a clear statement (e.g. B. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract,
inform. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; unthe no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods
is due.

Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ortheed on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable.
End of revocation

(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or
determined by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. B. T-shirts with your photo and your name), in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or in the case of delivery of sound or video recordings or computer software in a sealed pack if unsealed after delivery.

(2) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in orthe to avoid claims for damages due to damage caused by defective packaging.

(3) Before returning the item, please call us on 067849936888 to announce the return. In this way, you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the
right of withdrawal are.

§ 9 Damage in transit

(1) If goods are delivered with obvious transport damage, the buyer must immediately complain about the error to the deliverer and contact the provithe promptly.

(2) The omission of a complaint or contact has no consequences for the statutory warranty rights. The buyer hereby only helps the provithe to assert its own claims against the carrier or the
to claim transport insurance.

§ 10 Warranty

(1) Unless expressly agreed otherwise, the
Warranty claims according to the statutory provisions of
Sales law (§§ 433 ff. BGB).

(2) If the buyer is a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items is different
from the legal provisions - one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) For the rest, the statutory provisions apply to the warranty.

(4) If the buyer is an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

- Only the manufacturer's own information and the product description are binding for the quality of the goods, but not public ones

Promotions and statements and other advertising by the manufacturer.

- The buyer is obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify the provithe of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

- In the event of defects, the provithe shall provide a warranty, at its discretion, through repair or replacement (subsequent performance). In the case of rectification, the provithe does not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.

- If the supplementary performance fails twice, the buyer can either demand a price reduction or withdraw from the contract.

- The warranty period is one year from date of delivery.

Section 11 Liability

(1) Unlimited liability: The provithe is liable for intent and gross negligence. The provithe is liable for slight negligence in accordance with the Product Liability Act and for damage resulting from injury to life, limb or health.

(2) Limitation of liability: In the event of slight negligence, the provithe is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). This limitation of liability also applies to the vicarious agents of the provithe.

§ 12 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.

(2) German law applies exclusively to contracts between the provithe and the buyer
applicable to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

(3) If the buyer is a merchant, a legal entity unthe public law or a special fund unthe public law, the place of jurisdiction for all disputes arising from or in connection with contracts between the seller and buyer is the seat of the seller.


In connection with the initiation, conclusion, processing and rescission of a purchase contract based on these General Terms and Conditions, the provithe collects, stores and processes data. This is done within the framework of the legal provisions. The provithe does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his prior express consent. If a third party is used for services in connection with processing, the provisions of the Fetheal Data Protection Act are observed. The data communicated by the customer in the course of the orthe will only be processed to establish contact within the framework of contract processing and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods in accordance with the orthe if necessary. The payment details are sent to the account with the payment
commissioned credit institution passed on. Insofar as the provithe is subject to retention periods of a commercial or tax nature, the storage of some data can last up to ten years. During the visit to the provithe's Internet shop, anonymous data that does not allow any conclusions to be drawn about personal data and is also not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion,

The customer can contact the following address for correction or blocking of personal data as well as collection, processing and use:
Brothers Schmidt KG,
Dorothee Schmidt,
Michelswiese, 9,
55743, Idar­Oberstein,
Tel.: +49 (0) 6784 9936 888,

Severability Clause

The invalidity of a provision of these terms and conditions has no effect on the validity of the other provisions.

Implementation of the ODR guideline online dispute resolution according to Art. 14 Para. 1 ODRVO

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/

Note according to Section 36 Paragraph 1 No. 2 VSBG: We would like to point out that we are generally prepared to take part in dispute resolution proceedings before a consumer arbitration board. Consumers can contact the following consumer arbitration board:

General consumer arbitration board of the Center for Arbitration e.V. Contact: Straßburger Straße 8, 77694 Kehl
Tel.: +49 7851 79579 40
Fax:+49 7851 79579 41
Internet: www.verbraucherschlichter.de eMail: mail@verbraucherschlichter.de

This arbitration board is a 'general consumer arbitration board' according to § 4 paragraph 2 sentence 2 VSBG"