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 TERMS AND CONDITIONS 


§ 1 Scope

For the business relationship between "STORZ & BICKEL GmbH & Co. KG" (hereinafter referred to as: "STORZ & BICKEL") and the customer. With respect to the delivery of goods, the following general terms and conditions apply in the version that was valid at the time the order was placed. Deviating purchaser general terms and conditions of business shall be revocated, unless STORZ & BICKEL has expressly consented to their validity in writing.


§ 2 Conclusion Contract

(1) Orders can be placed in any form (by phone, postal, fax, e-mail or over the Internet).

 

(2) The contract for an offered object comes without an express declaration of acceptance by STORZ & BICKEL to the customer who issued the contract offer. In the sense of §151 sentence 1, 2 in the German Civil Code, the purchaser waives the right to an express declaration of acceptance. Sentence 1 is not valid when STORZ & BICKEL rejects the offer within 3 working days (Monday through Friday) of its confirmed receipt as this pertains to para. 3.

 

(3) STORZ & BICKEL shall send the customer an automatic acknowledgment of receipt by email, in which the contents of the order shall be listed again. The automatic acknowledgment of receipt only documents that STORZ & BICKEL has received the order but does not represent acceptance of the order in accordance with the rules stated in para. 2. After the order has been received, STORZ & BICKEL will review it for a short period of time, after which it shall inform the customer within three business days if the order cannot be accepted. Should STORZ & BICKEL, after taking receipt of the order, realize that the information for a product is incorrect, then they, STORZ & BICKEL, will also notify the purchaser thereof within the aforementioned deadline. The purchaser can confirm the order again under the changed conditions and trigger a new purchase order.


§ 3 Revocation

The purchaser has no right of return insofar as he, the purchaser, is a full buyer in the sense of the German Commercial Code, a legal person of public or private law or public special assets. If the purchaser is the end customer, he has the right to reject the job order without having to give any reason and shall do this within fourteen days of receipt, that is, from the day it or a third party the end customer has named. In order to exercise the right of revocation, the purchaser must inform STORZ & BICKEL of its decision to revoke the purchase contract by means of a clear and unambiguous declaration (for example, a letter, fax or email sent through the postal service that is sent in a timely manner and accompanies the return of the goods purchased). The returned goods must be returned unused in the original packaging, along with the accessories and usage instructions. In Germany, the return is at the expense and risk of STORZ & BICKEL. Buyers from all other countries bear the direct costs and the risk of return themselves. The return or the return request must be directed to: STORZ & BICKEL GmbH & Co. KG, In Grubenäcker 5–9, D-78532 Tuttlingen, phone: 0049-(0)7461-969707-0, fax: 0049-(0)7461-969707-7. Consequences of revocation: Upon revocation, the payments received from the purchaser (with the exception of those costs that are incurred from placing the order and did not result from choosing standard delivery) must be returned within 14 days from the day STORZ & BICKEL either receives the goods or obtains proof of their return shipment. Replacement value for the returned goods may be demanded in the event that they arrive damaged when they are returned (e.g. it is easy to see that it/they have already been used).


§ 4 Delivery

(1) In the case of a commercial transaction, the transfer of risk shall be effected when the goods are handed over to the freight forwarder. In the case of a consumer goods purchase, the transfer of risk occurs once the purchased goods are handed over to the purchaser. In both cases, the purchaser shall bear the cost of the delivery if it deviates from the provisions stated in § 5 (1), and the delivery takes place next warehouse to the delivery address provided by the purchaser. Delivery periods and deadlines that have not been expressly agreed on in writing as binding represent only non-binding information; the general regulations from § 275 BGB (impossibility and inability) apply.

 

(2) STORZ & BICKEL is entitled to partial deliveries. Partial deliveries are considered independent deliveries for payment obligations, risk transfer and warranty obligations.

 

(3) Claims for damages are excluded with restriction according to § 311 German Civil Code.


§ 5 Prices, Delay

(1) If no other written agreement exists, the prices are set according to the currently valid STORZ & BICKEL price list, which is available on the homepage or is made available to traders explicitly upon request. All previous prices lose their validity once a new price list is available.

 

Unless otherwise stated, the prices include any applicable value-added tax and do not include the shipping costs for standard shipping. From an order value of

  • EUR 20,- for orders from Germany,

  • EUR 30,- for orders from the Benelux countries and the Czech Republic,

  • EUR 40,- for orders from the EEA and Switzerland and

  • EUR 100,- for orders from non-member countries,

standard shipping is free of charge.

In addition to the price for the goods, the following costs are also reported on the invoice for additional services: packaging, shipping, insurance and the VAT valid at the time of the invoice.

 

(2) STORZ & BICKEL offers various payment options. Depending on the country of origin of the customer and his customer status, the purchase price can be paid by advance payment, cash on delivery, direct debit, credit card or invoice. In the case of payment on account, a payment term of 7 business days after the date of the invoice is deemed to be agreed unless otherwise agreed in writing. If the customer is in default of payment, STORZ & BICKEL is entitled to charge default interest of 5% above the p.a. base rate announced by the European Central Bank. If STORZ & BICKEL is able to prove damage caused by delay, STORZ & BICKEL is entitled to assert them.


§ 6 Compensation, Retention

The purchaser shall not be entitled to rights to compensation unless his counterclaims are legally binding or expressly acknowledged by STORZ & BICKEL. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.


§ 7 Reservation of Ownership

(1) The delivered goods remain the property of STORZ & BICKEL until full settlement of all claims against the purchaser.

 

(2) The purchaser is entitled to dispose of the goods in the ordinary course of business. In this case, he assigns all claims against his customers or third parties from these transactions with all subsidiary rights as security for STORZ & BICKEL. STORZ & BICKEL hereby accepts this assignment. In the case of intended processing, connection or mixing, the assignment shall be made in the amount of the invoice value of the goods used. At the request of STORZ & BICKEL, the purchaser shall notify the assignment to his debtor, and STORZ & BICKEL shall provide the necessary information and documents for collecting the claim.

 

(3) The purchaser shall treat the goods delivered under retention of title carefully and, in the case of his own use, the goods shall be designated as a reservation property of STORZ & BICKEL. He shall immediately notify STORZ & BICKEL in writing in the event of attachment or other interventions by third parties. In all cases, the customer is obliged to notify STORZ & BICKEL immediately thereof in writing and to inform the third party of the reservation of ownership or the assignment.


§ 8 Warranty, Repairs and Liability

(1) Information about the goods does not constitute a guaranteed condition or durability unless the guarantee is expressly and in writing by STORZ & BICKEL.

 

(2) For selected products in accordance with the respective product description, STORZ & BICKEL grants a manufacturer warranty exceeding the legal requirements of Art. 438 para. 1 no. 3 BGB (German Civil Code) by one year after a successful product registration confirmed by STORZ & BICKEL. It shall apply without prejudice to mandatory statutory liability provisions.

 

STORZ & BICKEL grants a warranty of one year for selected products, starting with the end of the statutory warranty period, but at the latest two years after the purchasing date. Independently from the purchasing date the warranty expires five years after the manufacturing date of the product. The warranty refers to the faultlessness of the respective products regarding material-, manufacturing- or design-faults and includes the functionality.

 

Should a recognized defect covered by the warranty occur during the warranty period, STORZ & BICKEL will provide one of the following services at its sole discretion within the scope of this warranty:

 

a) Free of charge repair of the goods

b) Free of charge exchange of the goods for equivalent products

 

In the case of replacement, the old product is replaced free of charge by a new or as good as new product of the same kind, quality and type. If the product in question is no longer manufactured at the time of the warranty claim, STORZ & BICKEL is entitled to deliver a similar product. The warranty period is not extended due to the granting of services within the scope of this warranty, in particular not upon repair or replacement. In these cases, the warranty period does not start anew.

 

Possible forwarding expenses and (customs) fees, which occur during the warranty handling, are not carried by STORZ & BICKEL.

 

Within the scope warranty, the exclusions from Art. 8 para. 6 of these terms and conditions apply. Normal wear and damages due to improper handling, use of force or unauthorised repair attempts are excluded from the warranty. The safety precautions in the respective instruction sheet must be observed. Prerequisite for claiming the warranty is that STORZ & BICKEL can check the warranty claim (e.g. return the good). Damages through transportation must be avoided with careful packaging.

 

The registration of the product must take place within one year after the purchase of the respective product. Registrations that take place after this deadline do not lead to an extension of the warranty. The date of the purchase must be proved by the customer who has to hand in the respective proof of purchase (invoice). The end-customer has the duty to prove that the warranty is still valid (for example by submission of the proof of purchase of the first customer). The extension of the warranty is valid only after examination and written confirmation of STORZ & BICKEL and is not applicable to repaired products or alternate devices. STORZ &  BICKEL has the right to set the beginning of the warranty according to the date of manufacture if necessary.

 

If the deficit is occurring in the first two years, the legal warranty is effective. The extension of the warranty does not limit or affect the legal rights of the customer.

 

For any warranty claim please contact the warrantor

 

STORZ & BICKEL GmbH & Co. KG
In Grubenäcker 5-9
78532 Tuttlingen

 

(3) Insofar as the purchase is a commercial transaction for the purchaser, he shall examine the goods received for completeness, transport damage, obvious defects, quality and characteristics. Obvious defects are to be reported immediately to STORZ & BICKEL, but at the latest within 7 calendar days after delivery. In case of non-compliance with these notification obligations, the goods are deemed to be approved, with the result that STORZ & BICKEL is not obligated to warranty.

 

(4) The purchaser shall grant STORZ & BICKEL a reasonable period of at least 14 days for each defect to be rectified. The supplementary performance shall be carried out by STORZ & BICKEL at its own discretion by rectifying defects (rectification) or delivering a defect-free replacement (subsequent delivery).

 

(5) The warranty rights shall only be granted if the goods are shipped undistributed and sent to STORZ & BICKEL within the said warranty obligation, complete with invoice and in an outer packaging, which excludes damage during transport.

 

(6) There is no warranty for defects and damages resulting from unsuitable or improper use, neglecting the instructions for use and use or faulty or negligent handling and maintenance. In addition, warranty rights are excluded in the case of interference with the goods by unauthorized bodies or persons. In addition, wearing parts are excluded from the warranty since there is no defect in the sense of the warranty under § 434 German Civil Code.

 

(7) Any further liability (the Product Liability Act remains hereby unaffected) and is excluded without regard for the legal nature of the asserted claim. The extent that the liability of STORZ & BICKEL is excluded or restricted also applies to the personal liability of its employees, representatives and vicarious agents.

 

(8) In addition to the warranty, the purchaser has the option of sending selected goods to STORZ & BICKEL at his own expense for repair as per the cost estimate. Returns and repair requests can be made via the "Support" tab under the keyword "RMA" on www.storz-bickel.com.

 

 

(9) Goods that are sent to STORZ & BICKEL for a cost estimate or repair must be collected at STORZ & BICKEL by the customer at the latest 3 months after receiving a pick-up request. Otherwise, STORZ & BICKEL will no longer be liable for negligent damage or destruction of the repair item. A notification of disposal must be sent to the customer one month before expiration of this period. The seller is entitled to dispose of the repair item after this period expires.


§ 9 Applicable Law and Jurisdiction

(1) The laws of the Federal Republic of Germany shall apply to contracts subject to these general terms and conditions as well as to other legal relations with reference to these general terms and conditions between STORZ & BICKEL and the purchaser, with the exclusion of national collision norms.

 

(2) The STORZ & BICKEL headquarters in Tuttlingen is agreed on as an exclusive court of jurisdiction for all disputes arising directly from the business relationship to the extent the purchaser is a merchant in the sense of the German Commercial Code, a legal person of the public or private law or public special fund.


§ 10 Severability Clause

The validity of the general terms and conditions of business shall not be affected should a regulation contained in these general terms and conditions be or becomes ineffective or impracticable. The statutory provisions shall apply to and replace the invalid provision.

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