Terms of service

§ 1 CONTRACTUAL PARTNER, AREA OF APPLICATION

(1) Contractual partners within the scope of the following general terms and conditions are Escher Schalungsartikel GmbH (hereinafter referred to as "Geda-Shop"), Ossa 25, 04657 Narsdorf, Germany and the customer. Further information on the communication data and the legal representation of Escher Schalungsartikel GmbH can be found in the provider identification (imprint).

(2) All deliveries and services that Escher Schalungs Zubehör GmbH (Geda Shop) provides for customers are based exclusively on the following general terms and conditions in the version valid at the time of the order.

(3) Deviating regulations are contradicted. Regulations other than those contained herein are only effective with the express agreement of a representative of Escher Schalungsartikel GmbH (Geda-Shop) (managing director, authorized signatory or authorized representative) and the respective customer. All communication in the context of the declarations relevant to the contract takes place in German.

§ 2 CONCLUSION OF CONTRACT

(1) The offers made by Escher Schalungsartikel GmbH (Geda Shop) on their website represent a non-binding invitation to the customer to order goods from Escher Schalungsartikel GmbH (Geda Shop).

(2) By ordering the desired goods by filling out and sending the online form on the Internet, by e-mail, by fax, by telephone or by post, the customer submits a binding offer to conclude a purchase contract. The offer is binding at the latest when it has passed the respective interface to Escher Schalungszubehör GmbH (Geda Shop). By sending the order to Escher Schalungsartikel GmbH (Geda Shop), the customer assures that he has unlimited legal capacity. Escher Schalungsartikel GmbH (Geda-Shop) is not obliged to accept the customer's offer. The confirmation of receipt of the customer's order does not yet constitute acceptance of the customer's offer.

(3) If the order confirmation or any other legally binding declaration by Escher Schalungsartikel GmbH (Geda Shop) contains typing or printing errors, or if the pricing is based on transmission errors, Escher Schalungs Zubehör GmbH (Geda Shop) is entitled to contest the declaration due to errors, whereby Escher Schalungs Zubehör GmbH (Geda-Shop) bears the burden of proof regarding the error. Possibly. In this case, payments received will be reimbursed immediately.

(4) Escher Schalungsartikel GmbH (Geda-Shop) is entitled to accept this offer within a period of seven calendar days by sending an order confirmation or sending the ordered goods. The order is confirmed by sending an email. After fruitless expiry of this period the offer is rejected.

§ 3 PRICES

(1) All prices quoted include the applicable statutory value-added tax without costs of packaging and shipping at the time of the order.

(2) For packaging and dispatch (shipping costs) of the delivery within Germany, the costs are calculated separately. The amount of packaging, shipping and insurance costs are summarized in the table "Shipping costs". Shipments abroad are currently not possible.

(3) When ordering by cash on delivery, separate cash on delivery fees are charged, which amount to EUR 8.50. The amount of the fees also results from the heading "Shipping costs".

(4) All prices mentioned, also for packaging and shipping, are only valid within Germany and only at the time of the order. When the website of Escher Schalungs Zubehör GmbH (Geda Shop) is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive.

§ 4 PAYMENT CONDITIONS / RESERVATION OF WITHDRAWAL

(1) Payments are made either by cash on delivery, in advance (bank transfer in advance), ClickandBuy, instant transfer or by credit card and Pay Pal. After checking the payment method, Escher Schalungsartikel GmbH (Geda Shop) reserves the right to refuse to accept the customer's offer or to withdraw from the contract, insofar as the purchase price claim of Escher Schalungsartikel GmbH (Geda Shop) is at risk.

(2) Deliveries to entrepreneurs or public institutions can be carried out against invoice after checking and approval. In any case, a written order on the customer's company form is required for this. The order must always be sent by fax or email to Escher Schalungs Zubehör GmbH (Geda Shop).

(3) Orders on account are always due for payment immediately. All payments are made strictly net, without discounts or other deductions.

§ 4 PAYMENT CONDITIONS / RESERVATION OF WITHDRAWAL

(3) Orders on account are always due for payment immediately. All payments are made strictly net, without discounts or other deductions.

(4) The payment amount shown on the invoice is to be paid in full to Escher Schalungsartikel GmbH (Geda-Shop), regardless of the method of payment. Deductions from transaction fees and the like, which arise, for example, when settling through international banks, are not accepted by Escher Schalungsartikel GmbH (Geda Shop).

(5) Purchase on account
When purchasing on account, the invoice amount is due on the calendar day stated on the invoice (20 or 30 calendar days after the invoice date) for payment to our external partner Billpay GmbH [link to www.billpay.de]. The purchase on account payment method does not exist for all offers and requires, among other things, a successful credit check by Billpay GmbH. If the customer is allowed to purchase on account for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only pay Billpay GmbH with a debt-discharging effect. Even when purchasing on account via Billpay, we remain responsible for general customer inquiries (e.g. about goods, delivery time, dispatch), returns, complaints, declarations of revocation and returns or credits.

(6) purchase by direct debit; Direct debit authorization; Processing fee for return debits

(a) When purchasing by direct debit, the payment amount is due immediately for payment by collection by our external partner Billpay GmbH [link to www.billpay.de] from the current account specified in the order process at the bank specified there (the current account). You hereby authorize the Billpay GmbH revocable to collect the payments to be made by you through the direct debit purchase from the current account. If the current account does not have the necessary funds, the bank holding the account is not obliged to redeem it. Partial redemption will not be made in the direct debit procedure.

(b) The payment method purchase by direct debit is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH and a current account in Germany. If the customer is allowed to purchase by direct debit for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only pay Billpay GmbH with a debt-discharging effect. Even when purchasing by direct debit via Billpay, we remain responsible for general customer inquiries (e.g. about goods, delivery time, shipping), returns, complaints, declarations of revocation and returns or credits.

(c) By specifying the current account, you confirm that you are entitled to direct debit via the relevant current account and that you will ensure the necessary funds. Return debits are associated with a lot of effort and costs for us and Billpay GmbH. In the case of a return debit (due to insufficient funds in the current account, due to expiry of the current account or an unjustified objection by the account holder), you authorize Billpay to submit the direct debit a second time for the respective payment obligation. In such a case, you are obliged to pay a processing fee of EUR 12.00 per return debit. We reserve the right to make further claims. You will be given the opportunity to provide evidence that the return debit resulted in lower or no costs. In view of the effort and costs for return debits and to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the payment will be reversed by transferring the corresponding amount back or by crediting it.

§ 5 RIGHT OF WITHDRAWAL (CANCELLATION INSTRUCTION)

(1) The customer is expressly referred to the right of withdrawal and explicit reference is made to the separate instruction on the right of withdrawal.

(2) The consequences of the revocation are based on the statutory provisions that are explained in more detail in the separate instructions mentioned in Section 5 (1). When returning goods after the cancellation, the customer has to bear the costs of the return, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40, - or if the customer has a higher price the item has not yet provided the consideration or a contractually agreed partial payment at the time of revocation; otherwise the return will be made at the expense of Escher Schalungsartikel GmbH (Geda Shop) and is free of charge for the customer.

(3) It is expressly pointed out to the customer that - with regard to the regulation of the consequences of cancellation in accordance with Section 5 (4) - he may not undertake any actions on the product that may only be carried out by the manufacturer or authorized persons. This includes in particular breaking or removing seals or the serial number or bypassing comparable safeguards that are attached to the goods, products or devices.

(4) It is also expressly pointed out that in the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. benefit from the use of the goods) must be surrendered. In the event of deterioration or loss of the goods, compensation can be requested. This does not apply if the deterioration or destruction of the goods is solely due to their inspection. In addition, the customer can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects their value.

§ 6 DELIVERY CONDITIONS

(1) The delivery takes place via shipment from the warehouse to the delivery address provided by the customer.
(2) If the customer chooses advance payment, the goods will be reserved for the customer upon acceptance of the contract, but will only be sent after the amount of money has been received on the account of Escher Schalungsartikel GmbH (Geda Shop). The customer is therefore asked to take this into account when placing his order and to bring the agreed advance payment to the instruction in good time.

(3) If the customer chooses advance payment and the amount of money has not been credited to the account of Escher Schalungsartikel GmbH (Geda-Shop) within five days, Escher Schalungsartikel GmbH (Geda-Shop) can withdraw from the contract. Insofar as Escher Schalungsartikel GmbH (Geda Shop) adheres to the contract, the delivery times stated at the time of the order no longer apply. Rather, instead of the originally specified delivery time, the one shown for the product at the time the money is received by Escher Schalungsartikel GmbH (Geda-Shop) in the Geda-Shop is used.

(4) Every delivery is subject to the reservation that Escher Schalungs Zubehör GmbH (Geda-Shop) itself is supplied in a timely and proper manner; the following paragraphs apply.

(5) Deliveries are always made while stocks last. If, contrary to expectations, a product ordered by the customer is not available despite timely disposition for reasons for which Escher Schalungsartikel GmbH (Geda Shop) is not responsible, Escher Schalungsartikel GmbH (Geda Shop) will provide the customer with a product that is equivalent in quality and price instead of the ordered product Offer a product that the customer is not obliged to accept or withdraw from the contract. Escher Schalungsartikel GmbH (Geda-Shop) will immediately inform the customer of the unavailability and, in the event of withdrawal, immediately reimburse the customer for any payments already made.

(6) Insofar as Escher Schalungsartikel GmbH (Geda-Shop) is delayed in delivery or delivery becomes impossible for reasons for which it is responsible, and this is not due to intent or gross negligence, liability for damage is excluded. Further claims of the customer remain reserved.

(7) If delays in delivery are due to reasons for which Escher Schalungsartikel GmbH (Geda-Shop) is not responsible (force majeure, fault of third parties, etc.), the deadline will be appropriately extended. The customer will be informed immediately. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.

(8) The delivery is made against a flat rate for packaging and shipping costs (§ 3 Paragraph 2), the exact amount of which is shown separately for each delivery.

(9) If the purchase of consumer goods is concerned, the risk of accidental loss or accidental deterioration is borne by Escher Schalungszubehör GmbH (Geda Shop).

(10) Technical information and illustrations are not mandatory; Changes to or improvement of our machines and devices are permitted. Brochures, catalogs and offers are therefore only to be regarded as approximate.

(11) Refusal of acceptance with the consequences of a return to Escher Schalung Zubehör GmbH (Geda Shop) is borne by the customer.

(12) Partial deliveries and deliveries before the specified delivery time are permitted. We do not do fixed deals.

(13) Should the customer suffer damage as a result of a delay for which we are responsible, he is only entitled to claim compensation for delay if the delay is at least due to gross negligence. The right to assert furthermore presupposes that we have not complied with a reasonable grace period set in writing by the customer.

(14) In the case of deliveries made by a forwarding agent, the recipient must ensure that all loading aids, such as returnable EU pallets (Euro pallets), are exchanged with the carrier for empty loading aids of the same type and value. In the event that no exchange is made, the customer will be charged for subsequent loading aids. The current prices are based on the international deposit values valid at the time of the order, but at least €25.00. A processing fee of €9.95 incl. VAT will also be charged for subsequent processing.

Translated with DeepL.com (free version)

§ 7 TRANSPORT DAMAGE

If products and goods are delivered with obvious transport damage, the customer is asked to complain about this immediately to the supplier and to contact Escher Schalungsartikel GmbH (Geda-Shop), info@Geda-Shop.de The customer helps to enforce the claims of Escher Schalungsartikel GmbH (Geda-Shop) against carriers and transport companies. Failure to lodge a complaint or to contact Escher Schalungsartikel GmbH (Geda-Shop) has no consequences for the customer and his rights, in particular warranty rights.

§ 8 RETENTION OF TITLE

(1) The ordered goods remain the property of Escher Schalungsartikel GmbH (Geda Shop) until they have been paid for in full.

(2) Before transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal or redesign without the express consent of Escher Schalungs Zubehör GmbH (Geda Shop) is not permitted.

(3) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal person under public law or a special fund under public law, we reserve the ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(4) You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(5) If the customer is in arrears with any payment obligations towards us, all existing claims are due immediately.

§ 9 WARRANTY

(1) The customer's claims against Escher Schalungsartikel GmbH (Geda-Shop) in the event of defects are based on the statutory provisions within the statutory deadlines, unless there are deviations from the following regulations. The legal warranty period is currently two years.

(2) Damage caused by improper or non-contractual measures taken by the customer during installation, connection, operation or storage do not justify a claim against Escher Schalungszubehör GmbH (Geda-Shop). The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer.

(3) When purchasing a used item, the customer's claims for defects expire one year after receipt of the goods.

(4) If the customer is an entrepreneur and the ordered service is provided for his business, his claims in the case of defects expire one year after receipt of the goods.

§ 10 REPAIR COSTS / COST ESTIMATES

If goods are sent to Escher Schalungsartikel GmbH (Geda-Shop) or an authorized contract workshop for repair and the defects, damage or other changes or deterioration of the goods are not material defects that trigger statutory warranty claims or guarantee claims against the manufacturer , the necessary fees incurred for cost estimates, repairs and similar costs are to be reimbursed by the customer to Escher Schalungsartikel GmbH (Geda-Shop).

§ 11 LIABILITY

(1) Escher Schalungsartikel GmbH (Geda-Shop) is only responsible for willful intent and gross negligence. It is up to the customer to ensure that his data is backed up. For any loss of data by the customer on storage media (computers, notebooks, hard drives, storage media, etc.) purchased from Escher Schalungs Zubehör GmbH (Geda Shop) is not liable.

(2) Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation has been culpably breached, the liability for damages of Escher Schalungszubehör GmbH (Geda-Shop) is limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health or the body, Escher Schalungsartikel GmbH (Geda Shop) is liable in accordance with the statutory provisions. The liability under the provisions of the Product Liability Act remains unaffected. Moreover, liability is excluded.

§ 12 PROHIBITION OF SET-OFF

(1) The customer is not entitled to offset his own claims against payment claims from Escher Schalungsartikel GmbH (Geda-Shop) unless the customer's claims are undisputed or have been legally established.

(2) The customer is not entitled to counter payment claims from Escher Schalungsartikel GmbH (Geda-Shop) rights of retention - also from complaints of defects - unless they result from the same contractual relationship.

§ 13 DATA PROTECTION
The data processing takes place in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). For the rest, reference is made to the information on data protection.

§ 14 INFFECTIVE CLAUSES, PLACE OF JURISDICTION

(1) Should one or more provisions of these terms and conditions be ineffective, this does not result in the ineffectiveness of the entire contract. The ineffective regulation will be replaced by the relevant statutory regulation.

(2) If the customer is a merchant, legal entity under public law or special fund under public law, Borna is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. The same applies if a customer does not have a general place of jurisdiction in Germany, a customer has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is unknown at the time the action is brought.

§ 15 GOVERNING LAW

German law applies to the conclusion and processing of all contracts. The validity of the UN sales law is excluded.

We deliver exclusively on the basis of our terms and conditions.