Terms of Service

1. General

1.1 Scope
These General Business Terms and Conditions apply as amended on the date on which the contract is concluded to all business relationships between ourselves (Schneider Digital Josef J. Schneider e.K., Maxlrainer Straße 10, 83714 Miesbach, Owner: Mr Josef J. Schneider) and you, on the date on which the contract is concluded. If you use any conflicting General Business Terms and Conditions, they shall expressly not apply.

1.2 Contract Agreement
Contract language is German. The English display option is provided for guidance only.

1.3 Conclusion of the Contract
The product range shown in our online shop is initially subject to change and is non-binding. The ordering process comprises four steps in total. As a first step, you choose the required products. As a second step, choose either the “Go to checkout”, or “Direct to PayPal” in the basket.

• If you have selected the “Go to Checkout” option, you can enter your customer account details as a third step, log in, and update your details stored there. Alternatively, you can enter your details including invoice address and delivery address if this is different, and either order as a guest or register at the same time. As a next step, you must then select a payment method.
• If you have selected the “Direct to PayPal” option, you first be redirected to PayPal. Log in there with your PayPal credentials and click “Next”. This does not take you to the checkout, but returns you to our online shop.

As a fourth step, you have the option of checking all the details again (e.g. name, address, payment method, ordered items), and correct any input errors before confirming your order by clicking the “Pay Now” button, or “Buy Now” in PayPal. By confirming your order, you enter a binding contract. We will confirm receipt of the order without delay. Confirmation of receipt does not represent binding acceptance of your order. We are entitled to bindingly accept the offer of contract in the order within two days following receipt of your order via email, fax, phone, post, or by shipping the goods. The Contract shall take effect with acceptance, and payment is made if you have selected direct debit via PayPal.

1.4 Storing the Contract text
We save the Contract text and after your order is shipped, we send the text to you along with these Terms and Conditions and customer information in text form (e.g. email, fax, or post). However, the Contract text can no longer be retrieved from the website after your order has been shipped. You can use the browser’s print function to print the relevant web page containing the Contract text.

2. Delivery

2.1 Partial deliveries
We shall be entitled to make partial deliveries, unless this causes unreasonable hardship to you. In the case that partial deliveries are made, you shall incur no additional shipping costs.

2.2 Delay in delivery and performance
Delays in delivery and performance due to force majeure and due to exceptional and unforeseen events, which cannot be prevented even through extreme diligence, and for which we are not at fault (in particular strikes, official or court orders, and in cases where we are supplied late or incorrectly despite making covering transactions), shall entitle us to postpone delivery by the duration of the delaying event.

2.3 Exclusion of delivery
We cannot deliver to PO boxes.

2.4 Default of acceptance
If you are in default of acceptance of the ordered goods, we shall be entitled after setting a reasonable grace period to withdraw from the Contract, and to claim compensation due to default or non-performance. During the default of acceptance, you bear the risk of accidental loss or deterioration.

2.5 Performance period
Unless expressly agreed otherwise, we shall make delivery within 5 days. In the event of payment in advance, the delivery period shall begin on the day after the payment request is issued to the transferring bank, or the day after conclusion of the Contract if payment is made cash on delivery or purchase on account. The period shall end on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday, or an official public holiday at the point of delivery, the period shall end on the next working day.

3. Payment

3.1 Prices and shipping costs
All prices include VAT. They exclude the separately itemised costs of shipping and packing, unless you have arranged to collect from our place of business.

3.2 Default of payment
You shall be in default of payment if we do not receive payment within two weeks following your receipt of the invoice. In the event of default, interest shall be charged at 5% above the base rate of the European Central Bank or 9% above the base rate of the European Central Bank for legal transactions which do not involve a consumer. Should you be in default of payment, we also reserve the right to charge reminder fees of €2.50. We remain free to assert a claim for compensation above and beyond the foregoing. You shall be afforded the opportunity to prove that we have incurred no or negligible losses.

3.3 Right or retention
You shall only be entitled to assert a right of retention for counterclaims which are due and are based on the same legal relationship as your liability.

4. Cancellation policy for consumers in the case of distance contracts

Cancellation policy & Right of withdrawal
You shall have the right to cancel this contract without cause within 14 days. The cancellation period is 14 days from the date on which you, or your nominated third party who cannot be the carrier, have received the goods/the last goods. In order to exercise your right of withdrawal, you must inform us (Schneider Digital Josef J. Schneider e.K., Maxlrainer Straße 10, 83714 Miesbach, Telefon: +49 (8025) 9930-0, Fax: +49 (8025) 9930-29, E-Mail: info@grafikkarten.com) by giving a clear statement (e.g. a letter sent by post, fax or email) outlining your decision to cancel this contract. You may use the enclosed sample cancellation form for this purpose, though this is not a requirement. The cancellation deadline shall be deemed met if you have notified us that you wish to exercise the right of withdrawal before the end of the cancellation period.

Consequences of cancellation
If you cancel this Contract, we shall refund all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different shipping method to the cheapest standard delivery method offered by us), without undue delay and within no more than 14 days from the day on which we received notification of your cancellation of this Contract. Unless expressly agreed with you, we shall use the same payment method for the refund that was used for the original transaction; we shall never charge a fee in relation to this refund. We may refuse a refund until we have received the returned goods or until you have furnished us with proof that you returned the goods, whichever is the sooner. You shall return or transfer the goods to us without undue delay, and in each case no later than 14 days from the day on which you have notified us of your wish to cancel this Contract. The deadline shall be deemed met if you send the goods before the end of the 14-day period. You shall bear the direct costs of returning the goods. You must only compensate us for any depreciation of the goods if this can be attributed to unnecessary handling of the goods to check the quality, features, and functionality thereof.

Exclusion of the right of withdrawal
The right of withdrawal shall not apply to contracts for delivery of goods which are not pre-assembled and where their manufacture is based on a personal choice or definition of specifications by the consumer, or which are clearly tailored to the needs of the consumer. The right of withdrawal shall also not apply to contracts for the delivery of goods which may quickly perish or are about to expire.

Specific information on early termination of the right of withdrawal
In the case of goods sealed for delivery, which are unsuitable for return for health and safety or hygiene reasons, your right of withdrawal shall terminate early if the seal on the goods was broken after delivery. In the case of deliveries of audio or video recordings or computer software in a sealed package, your right of withdrawal shall terminate early if the seal on the goods was broken after delivery.

5. Retention of title

The delivered goods remain our property until full payment of the purchase price. You shall treat the goods under simple retention of title with care at all times. You shall transfer any claim or compensation that you receive for the damage, destruction or loss of the delivered goods to us. If you act in breach of the Contract, in particular if you are in default of payment, we shall be entitled to redeem the purchased item. In the case that items are redeemed, the Contract shall not be rescinded unless we expressly declare this in text form.

6. Warranty

6.1 Warranty claims
Statutory rights apply. A warranty claim may only arise with regard to the quality of goods; reasonable differences in the appearance of goods shall not be subject to warranty claims. Technical and design differences may arise in particular regarding the descriptions, representations, and specification in our quotations, brochures, catalogues, on the website, and other documentation (e.g. colour, weight, dimensions, design, scale, positioning, etc.) to the extent that these changes do not cause you unreasonable hardship. Reasonable grounds for change may arise from industry-standard fluctuations and technical production processes. If guarantees are offered in addition to warranty claims, their exact terms will be included with the product. Potential guarantees do not affect your statutory rights.

6.2 Warranty for consumers
The risk of accidental loss or deterioration of the sold goods shall only pass to you with transfer of the goods. If you find that the packaging is damaged on arrival thereof, or find damage after receipt of goods, we ask that you notify us thereof. However, you are not obliged to notify us, and your statutory rights shall not be affected if you fail to do so. If the goods are defective, you may demand subsequent performance in the form of repair or substitute delivery. If defects remain even after two attempts to repair them, you shall be entitled to rescission or abatement.

6.3 Warranty for merchants
In derogation of statutory warranty provisions, in the case of merchants we shall provide subsequent performance at our discretion in the form of repair of defects or substitute delivery. The risk of accidental perishing or deterioration of the item shall transfer to you following handover to the carrier. Merchants must report obvious defects without undue delay and hidden defects in text form without undue delay after discovery; assertion of the warranty claims shall otherwise be excluded. The deadline shall be deemed met if notification is sent in a timely manner. The merchant carries full burden of proof for the basis of all claims, in particular for the defect itself, for the timing of the discovery of defects, and for timely notice of defects.

6.4 Rights in the case of an immaterial defect
If only an immaterial defect is present, you shall only have the right to a reasonable abatement of the purchase price to the exclusion of the right of rescission.

6.5 Compensation for defects
No warranty is offered for damage which can be attributed to incorrect handing or use. Explicit reference is made to the following disclaimer.

6.6 Limitation period
Warranty for used goods is 1 year. if you are a merchant, no warranty is offered for used goods; for new goods the warranty is 1 year. Exceptions include the right of recourse pursuant to Section 478 BGB. Reduction of the limitation period explicitly does not exclude liability for damages arising from injury to life, limb, or health, or in the event of wilful intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected hereby.

7. Liability

7.1 Disclaimer
We and our legal representatives and agents shall only be liable in cases of wilful intent or gross negligence. If material contractual obligations (consequently obligations which should be met to fulfil the purposes of the contract) are affected, the parties shall also be liable in the case of ordinary negligence. Liability shall be limited to foreseeable damage typical for the contract. With regard to merchants, we only shall be liable in the case of a breach of immaterial contractual obligations due to gross negligence, in the amount of the foreseeable damage typical for the contract.

7.2 Limitation of liability
The aforementioned disclaimer shall not affect liability for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this disclaimer.

8. Final provisions

8.1 Jurisdiction
Sole jurisdiction for all legal disputes arising from this Contract shall be our place of business, if you are a merchant, a legal entity under public law, or special fund under public law.

8.2 Choice of law
Unless mandatory statutory provisions in your domestic law provide otherwise, German law shall apply to the exclusion of The UN Convention on Contracts for the International Sale of Goods.

8.3 Consumer dispute resolution process
The EU Commission has created a web platform for online resolution of disputes relating to contractual obligations arising from online contracts (OS platform). You can access the OS platform under the following link: http://ec.europa.eu/consumers/odr/. We are not prepared and not obliged to take part in a dispute resolution process in front of a consumer arbitration board.

8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the other General Business Terms and Conditions.