1. General Provisions

1.1 Scope of Application

These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to all business relationships between us (Schuelbe Promotion Service GmbH, Mühllach 6, 90552 Röthenbach, represented by its managing directors: Andreas Schülbe, Moritz Schülbe, and Kathrin Harris) and you. Should you use any conflicting General Terms and Conditions, these are hereby expressly rejected.

1.2 Contractual Agreement
The contract languages are German and English.

1.3 Registration

To use the full scope of our online shop, it is first necessary to create a customer account. The data required for us to provide services will be requested in this process. Your entries are confirmed by clicking the "save" button. You will then receive a confirmation email with the information required to log in. Registration is only complete once you have logged into our online shop for the first time using this information. The password that allows you to access your personal area must be kept strictly confidential and must not be disclosed to third parties under any circumstances. You must take appropriate and reasonable measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or third parties.

1.4 Conclusion of Contract

1.4.1 Contract via the Online Shop

The presentation of the product range in our online shop is non-binding and subject to change. The order process consists of four steps. In the first step, you select the desired goods. In the second step, you enter your data including billing address and, if applicable, a different delivery address, unless you have already stored these in your customer account. In the third step, you select the desired payment method. In the fourth step, you can review all the details (e.g. name, address, payment method, ordered items) and correct input errors, if necessary, before confirming your order by clicking the button "place binding order."

By placing the order, you make a binding contractual offer. We will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by email, fax, telephone, post, or by notifying you of the dispatch of the goods. The contract is concluded only upon acceptance. We will store the contract text and send it to you together with these General Terms and Conditions and customer information in text form (e.g. email, fax, or post) after you have placed your order. After placing your order, the contract text can no longer be accessed via the website. You may print out the relevant web page with the contract text using the print function of your browser.

1.4.2 Individual Contract Conclusion

Alternatively, the contract may be concluded individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you submit an inquiry to us (e.g. by email or telephone), and we then provide you with a binding offer, which you may accept within the period specified in the offer. The contract is concluded upon acceptance. The contract text is not stored separately by us; rather, the contractual content results individually from the agreement reached.

2. Delivery

2.1 Partial Deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, you will not incur any additional shipping costs.

2.2 Delivery and Performance Delays
Delivery and performance delays due to force majeure and due to extraordinary and unforeseeable events that cannot be prevented even with the utmost care on our part and for which we are not responsible (including, in particular, strikes, official or court orders, and cases of incorrect or improper self-supply despite a covering transaction) entitle us to postpone the delivery for the duration of the hindrance.

2.3 Exclusion of Delivery
P.O. box addresses are not supplied.

2.4 Default of Acceptance
If you are in default of accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the period of default of acceptance, you bear the risk of accidental loss or accidental deterioration of the goods.

2.5 Time of Performance
Unless expressly agreed otherwise, delivery shall be made by us within 3 days of dispatch.

3. Payment

3.1 Prices and Shipping Costs
All prices are exclusive of VAT. In addition, the separately stated costs for packaging and shipping will be charged, unless collection at our business premises has been agreed.

3.2 Default of Payment
You will be in default of payment if payment is not received by us within 30 days of receipt of the invoice. In the event of default, interest will be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank in transactions not involving a consumer. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of €5.00. The right to claim further damages remains unaffected. You remain entitled to prove that no damage or less damage has occurred to us.

3.3 Right of Retention
You may only assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

4. Retention of Title

The delivered goods remain our property until full payment of the purchase price. You must always treat the goods subject to simple retention of title with care. You assign to us any claim or compensation you receive for damage, destruction, or loss of the delivered goods. In the event of a breach of contract by you, particularly in the case of default in payment, we are entitled to repossess the goods. In this case, repossession does not constitute a withdrawal from the contract unless we expressly declare this in text form.

5. Warranty

5.1 Warranty Claim
Statutory warranty rights apply. A warranty claim may only arise with respect to the condition of the goods; reasonable deviations in the aesthetic properties of the goods do not constitute a warranty claim. In particular, with regard to descriptions, illustrations, and information in our offers, brochures, catalogs, website, and other documents, technical and design deviations may occur (e.g. color, weight, dimensions, design, scale, positioning, etc.) insofar as these changes are reasonable for you. Such reasonable grounds for change may result from customary fluctuations and technical production processes. Where guarantees are additionally given, their exact conditions are stated with the product. Any guarantees do not affect warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.

5.2 Warranty for Consumers
The risk of accidental loss or deterioration of the sold goods passes to you only upon handover of the goods. Should you notice that the outer packaging is damaged upon arrival or discover damage after receipt of the goods, we kindly ask you to inform us of this. However, there is no obligation to make such notification, nor will warranty rights be affected by failure to notify. If the goods are defective, you may choose either subsequent performance by repair or replacement within a reasonable period. We will bear the costs of returning the goods to be replaced.

5.3 Warranty for Entrepreneurs
In deviation from statutory warranty provisions, entrepreneurs are entitled, in the event of a defect, at our option, to subsequent performance by remedy of the defect or replacement delivery. The risk of accidental loss or deterioration of the goods passes to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise, warranty claims are excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, particularly for the defect itself, the time of detection of the defect, and the timeliness of the defect notification.

5.4 Rights in the Case of Insignificant Defects
In the event of only insignificant defects, you are entitled only to a reasonable reduction of the purchase price, excluding the right of withdrawal.

5.5 Compensation for Defects
No warranty is given for damages caused by improper handling or use. Express reference is made to the following exclusion of liability.

5.6 Limitation Period
For consumers, the statutory limitation periods apply, unless a deviating limitation period is expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded and for new goods is limited to 1 year. The right of recourse pursuant to § 478 BGB remains unaffected. The shortening of the limitation period expressly does not exclude liability for damages arising from injury to life, body, or health or in cases of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

6. Liability

6.1 Exclusion of Liability
We and our legal representatives and vicarious agents are liable only for intent or gross negligence. In the case of essential contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract), liability is also assumed for slight negligence. Liability is limited to the foreseeable, contract-typical damage. In the case of grossly negligent breaches of non-essential contractual obligations, we are liable only to the extent of the foreseeable, contract-typical damage.

6.2 Reservation of Liability
The above exclusion of liability does not affect liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

7. Final Provisions

7.1 Place of Jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is our place of business, provided that you are a merchant, a legal entity under public law, or a special fund under public law.

7.2 Choice of Law
Unless mandatory statutory provisions under your national law oppose it, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

7.3 Consumer Dispute Resolution Procedure
The EU Commission has established an online platform for the resolution of disputes arising from contractual obligations in online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

7.4 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.