Terms and Conditions
1.1 Schuberth GmbH (hereinafter referred to as "Schuberth") operates an online shop at www.schuberth.com, which can be used to place orders for merchandise. The General Terms and Conditions of Business below as most recently revised at the point in time of the specific order apply solely and exclusively to orders or contracts which are made or concluded through the Online Shop.
1.2 The application of any supplementary, contradictory terms and conditions, or any of the customer deviating from our General Terms and Conditions of Business, even if acknowledged, do not form part of the contract unless agreement to their validity is explicitly stated.
2. Offers, Conclusion of Contract and Order Process
2.1. The presentation of the merchandise in the Online Shop does not represent a legally binding offer, but is merely a non-legally binding online catalogue.
2.2. By placing an order, the customer declares in a legally binding manner their wish to acquire the merchandise ordered. The sending of confirmation of the receipt of the customer's order by email to the email address provided by the customer (confirmation of order) only documents the receipt of his order and does not yet represent any legally binding acceptance of his offer. The contract only comes into force once an order confirmation has been sent by email by Schuberth to the customer or when the merchandise ordered has been delivered.
2.3. Schuberth archives the contract text of the order. Should the customer wish to have a copy of this in printed form, he can print out the order confirmation, which contains all the details of the contract.
2.4. For further information about the Order Process, please click on the following link www.schuberth.com or go directly to the FAQ section of the Schuberth Online-Shop.
2.5. The authoritative language for the conclusion of the contract is German.
3.1 Should Schuberth accept the customer's order, delivery of the merchandise will be arranged - subject to any agreements having been otherwise made regarding delivery times - immediately upon receipt of the order.
3.2 If orders are placed against advance payment, the merchandise will only be delivered once full payment has been received by Schuberth. In this case, Schuberth does not reserve the ordered merchandise pending receipt of the full payment. If, by the time complete payment is received, the merchandise is sold out and must be reordered, Schuberth will notify the customer immediately of these facts.
3.3 Should the ordered merchandise not be available due to the fact that Schuberth has not been supplied with this merchandise by its suppliers without actual fault, the customer will be informed of this immediately. Any considerations which have been made will be immediately reimbursed.
3.4 Unforeseeable, unavoidable and other events which are beyond the sphere of influence of Schuberth and events for which Schuberth cannot be held accountable, such as force majeure, mean that Schuberth is released from its commitment to deliver on time for their duration. Deadlines which have been agreed will be extended by the duration of the period of the delay. Such events particularly include: fire, flood, industrial action, operational disruption, strikes and official orders which are unrelated to our operating risk. In the cases cited, the customer will be informed immediately of the occurrence of the delay. If the termination of the delay cannot be foreseen, or if it lasts longer than 6 weeks, each party is entitled to withdraw from that part of the contract which has not yet been fulfilled. Any considerations which have already been made will be immediately reimbursed in such cases.
3.5 Should not all the products ordered be in stock, we are entitled to effect part-deliveries at our costs to the extent that it is reasonable to expect the customer to accept this.
3.6 Schuberth delivers to the following countries:
- EU: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, UK, Cypress
- Outside of the EU: Australia, Bahrain, Brazil, Brunei, China, Israel, Japan, Jordan, Canada, Kuwait, Liechtenstein, Malaysia, Mexico, Monaco, New Zealand, Norway, Oman, Russia, Saudi Arabia, Switzerland, Singapore, South Africa, Taiwan, Turkey, Ukraine, United Arabic Emirates, USA, Belarus
4. Prices and Terms and Conditions of Payment
4.1 The prices shown at the point in time of the order as displayed in the area concerned in the Online Shop are authoritative
4.2 All of the prices include the statutory German value-added tax (currently 19%) for shipping within Europe and are to be understood as excluding costs, the level of which is listed below under No. 4.4.
4.3 Schuberth does not levy any value-added tax for shipments outside of the EU.
4.4 The following costs (shipping costs) are billed separately for shipment:
- Shipping costs for within Germany amount to € 5.95 for each and every order under € 40.
- Shipping will be charged in the amount of the incurred costs for shipments abroad.
4.5 Schuberth accepts payment by credit card or PayPal. Instructions for the debiting of credit cards and PayPal accounts will be taken into account when the invoice is issued.
4.6 Schuberth retains title to the merchandise until payment of the purchase price has been made in full.
5. Information Regarding Revocation
Right of Revocation
You may revoke your contract declaration without giving any reasons by sending us a written message (e.g., letter, fax, e-mail) within 14 days or - if the merchandise has been handed over to you before the expiration of this period - by returning the merchandise. The period begins upon receipt of this information in written form, but not, however, before receipt of the merchandise by the recipient (in the case of repeated delivery of identical merchandise, not before receipt of the first partial delivery) and also not before fulfilment of our information obligation pursuant to Article 246, Section 2 in conjunction with Section 1 (1) and (2) EGBGB (German Introductory Act German Civil Code) and our obligations pursuant to Section 312g (1) sentence 1 BGB (German Civil Code) in conjunction with Article 246 Section 3 EGBGB. The dispatch of the revocation notice or of the product in due time suffices as compliance with the revocation period. Send the revocation notice to:
Letter: Schuberth GmbH, Stegelitzer Strasse 12, 39126 Magdeburg, Germany
Consequences of Revocation
If the revocation is effective, the services of both parties must be returned and any benefits received from their use (e.g., interest) must be surrendered. If you are unable to return to us, in whole or in part, the service you have received as well as any benefits (e.g. consumption benefits) or only in a worsened condition, you must pay us compensation to the extent that value has been lost. You only need to provide compensation of value for the deterioration of the merchandise and for any benefits derived insofar as the benefits or the deterioration are to be attributed to handling the object derived from checking its properties and manner of functioning. "Checking the properties and manner of functioning" are to be understood as meaning testing and trying out the respective merchandise in a similar way to that which is possible and usual in a retail shop.
Merchandise which is capable of being sent as a parcel is to be returned to the following address at our risk.
You must bear the regular costs of the return if the delivered merchandise corresponds to the ordered merchandise and if the price of the products being returned is not in excess of €40, or, if the price is higher, you had not yet paid the consideration or a contractually agreed partial payment at the point in time of the revocation. Otherwise, the return is free of charge for you. Products which cannot be shipped as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you upon dispatch of your revocation declaration or of the product and for us upon their receipt.
End of Information Regarding Revocation
According to the choice of the customer, legal claims for supplementary performance (rectification of defects/re-delivery) relating to all defects of the purchased merchandised occurring within the statutory guarantee period as well as - upon the statutory preconditions being met - any further claims for reduction or withdrawal as well as additional compensation or reimbursement of wasted expenditure will apply.
7.1 Subject to the regulation in No. 7.2, the legal liability of Schuberth is limited to compensation, for whatever legal reason, as follows:
In the case of breaches of contract involving inadvertent negligence, our liability is limited to predictable damages typical of the contract for the type of merchandise involved.
7.2 The above limitation of liability does not apply in cases of mandatory legal liability (especially as covered by the Product Liability Law) as well as in the case of the transfer of a guarantee or culpably caused bodily injury.
7.3 The customer is obliged to take appropriate measures to prevent and reduce the extent of any damage occurring.
8. Data Protection
Please note our Declaration on Data Protection in this regard.
9. Final Provisions
9.1 Proper law governing the contractual relationships between Schuberth and the customer is the law of Germany. The mandatory consumer protection laws of the country in which the customer has his regular domicile are exempted from this stipulation of proper law. The application of the stipulations of the UN CISG is excluded.
9.2 If the customer is a consumer not resident in the European Union, then the venue for any and all disputes arising from the contractual relationship between the customer and Schuberth is Schuberth's registered office.
9.3 If one of the provisions of these General Terms and Conditions of Business should be invalid, the validity of the remaining provisions shall not be affected.
Version as of: August 2012