General terms and conditions of trade (GTCT) of
Georg Scharf GmbH, Donaustraße. 58, 72336 Balingen, Germany
hereinafter called „SCHARF”
These General Terms and Conditions of Trade apply to all goods, that are offered by SCHARF on the Internet at www.scharf-gmbh.de.
SCHARF does not acknowledge conditions of the purchaser that deviate from or contradict these General Terms and Conditions of Trade.
These General Terms and Conditions of Trade contain regulations that only apply to either companies or consumers. In so far as a regulation contained in these General Terms and Conditions of Trade only applies to consumers or to contractors, this shall be clarified separately by an introductory sentence that is set in bold characters.
A contractor is every bidder/purchaser, who acquires the goods for his/her own commercial or freelance purposes.
A consumer is every purchaser, who acquires the goods neither for a commercial nor for freelance purposes.
The offers on the Internet pages of the online shop www.scharf-gmbh.de are not binding offers for sale.
The offer on conclusion of a contract for the acquisition of goods offered in the online shop www.scharf-gmbh.de is placed by the customer (at the end of the order process) by clicking the order button "Place Order". The order system of the online shop accepts the order. Immediately after placing the order, the customer receives a confirmation generated automatically by the order system at the email address he/she has entered. This confirmation email does not represent acceptance of the contractual offer of the customer; a contract therefore does not materialize from the confirmation email.
On receipt of the order, SCHARF checks whether the ordered goods can be delivered. SCHARF informs the customer at the latest within 7 days per email whether SCHARF accepts the contractual offer of the customer or whether SCHARF rejects delivery. If SCHARF accepts the contractual offer, a contract for the acquisition of the goods ordered by the customer will materialize.
All prices include VAT.
The customer also bears the shipping costs plus VAT that are incurred for the shipment of the goods. Dispatch is by parcel shipment. The total shipping costs depend on the destination country of the goods.
Shipping costs for dispatch to countries outside Germany will appear next to the corresponding item and can be viewed on our site under - shipping costs
If the purchaser selects payment by credit card or COD, SCHARF will dispatch the goods immediately, however at the latest within two weeks after conclusion of the contract.
If the purchaser selects payment per bank transfer, the goods will not be dispatched until SCHARF has received the agreed purchase price. In this case, the goods will be dispatched immediately, however at the latest within two weeks after receipt of payment.
An invoice will be enclosed with each delivery the goods.
The following provision in Paragraph V. only applies to contractors:
In so far as the purchaser is a contractor, the risk of loss or deterioration of the goods is transferred to the purchaser when the goods are submitted for dispatch. This is also the case in the event of partial deliveries. If dispatch is delayed for reasons pertaining to the purchaser, risk will be transferred to the purchaser already on announcement of readiness for dispatch insofar as the purchaser is a contractor.
Insofar as no special details are stipulated regarding payment of the purchase price for the respective item, payment can be made by bank transfer, credit card or cash on delivery.
If the purchaser selects payment by bank transfer, payment shall be made in advance and is not regarded as having been effected until payment has been credited to the account.
If the purchaser selects payment by credit card, the amount will be debited by SCHARF immediately after dispatch of the goods.
If the purchaser selects cash on delivery, the purchase price plus a cash on delivery fee of EUR 10.00 shall be paid in cash to the parcel service on receipt of the goods.
Only undisputed or legally established claims can be charged up against the payment claims of SCHARF. The same applies to exertion of right to retention. For the rest, the purchaser is only entitled to exert a right to retention insofar as it is based on the same contractual relationship.
SCHARF retains the right to reservation of ownership of the goods delivered by SCHARF, until no further claim arising from the purchase contract exists.
The purchaser shall neither pledge the delivered goods nor transfer ownership by way of security. The purchaser shall inform SCHARF immediately in the event of pledging as well as seizures or other disposals by third party.
The following provisions in this Paragraph VII. 3. apply solely to contractors:
Insofar as the purchaser is a contractor, the following extended retentions of ownership apply:
If other accounts receivable from the purchaser exist in addition to the accounts receivable that are due to SCHARF arising from the purchase contract at the time of delivery, SCHARF retains the right to ownership of the delivered goods until all above mentioned receivables have been settled (extended retention).
The retention of ownership is extended to all accounts receivable of the purchaser who acquires same from the resale of the delivered goods. Accounts receivable will be assigned to SCHARF amounting to the due invoice total. The purchaser assigns these future accounts receivable at the time of occurrence as a form of security. SCHARF accepts this assignment. The purchaser is only entitled to resell the retained goods if the outstanding purchase price is transferred to SCHARF in accordance with the above-mentioned provisions. The purchaser is not entitled to other disposals.
The security interests of SCHARF do not prevent the purchaser from disposing of the objects belonging to SCHARF or the claims assigned to SCHARF as security in the course of a normal business operation. A normal business operation no longer exists when the purchaser is a month in arrears with his payment commitments to SCHARF, bills of exchange are protested or insolvency is filed. In this case, the purchaser is obliged on request from SCHARF, to announce the assignment to his customers, to renounce on the collection of receivables and to allow collection by SCHARF. At the first request of SCHARF, the purchaser is further obliged to inform SCHARF of the address of his customers.
If normal business transactions no longer exist, SCHARF is entitled, to take back the reserved goods at the cost of the purchaser. Taking back goods, assertion of retention of ownership as well as pledging of the delivery object does not constitute rescission of contract insofar as permitted by law.
At the request of the purchaser, SCHARF is obliged to release the securities to which SCHARF is entitled according to the above-mentioned provisions at SCHARF’s option, insofar as the realizable value of the securities to which SCHARF is entitled, exceed the claims to be secured.
The following provision in this Paragraph VIII. 1. apply solely to consumers:
Insofar as the purchaser is a consumer, the legal warranty provisions apply.
The following provisions in this Paragraph VIII. 2. apply solely to contractors:
Insofar as the purchase is a contractor, the purchaser is only entitled to subsequent performance, redhibition, rescission of contract and compensation according to the following provisions:
The following provision in this Paragraph a. only applies if the purchaser is a merchant: The purchaser shall inspect the goods immediately on receipt for all visible damage, defects, weight and dimension. Obvious defects of the delivered goods shall be notified by the purchaser immediately on receipt of the delivery. Claims for defects that are not obvious shall also be made to SCHARF without delay. If the purchaser neglects to give notice of defect within a time limit of 7 days, the delivered goods are regarded as having been accepted even in view of the defect.
If the purchaser or third party incorrectly modifies or carries out repair work without prior consent by SCHARF, SCHARF is not responsible for the consequences. Responsibility is not accepted for inappropriate or incorrect use, in particular incorrect assembly or putting into operation by the purchaser or by third party, natural wear, faulty or negligent handling, unsuitable equipment, etc., insofar as they are not the fault of SCHARF.
A claim to subsequent performance, redhibition, rescission of contract and compensation is only possible according to the following provisions:
(1) The notice for time limitation of claims, redhibition or rescission of contract due to defects of the delivered goods is 1 year after transfer of risk. The legal claims of the purchaser arising from §§ 478, 479 Civil Code to regress in the event of reselling the goods to consumers is not excluded by this provision.
(2) If the purchaser accepts a defective item, although he/she is aware of the defect, he/she only has the right to subsequent performance, rescission of contract, redhibition and compensation if he/she reserves this right due to defects on acceptance.
(3) If the purchaser demands rework, SCHARF will undertake to eliminate the defect or provide delivery of a defect-free item (subsequent performance) at the option of SCHARF.
(4) If SCHARF decides on the elimination of the defects, SCHARF shall bear the expenditures required for this purpose, in particular, transport, road tolls, work and material costs. This does not apply, insofar as the expenditures increase because the purchased item was brought to a place other than the place of residence or to the branch office of the purchaser.
If the due service by SCHARF is not performed, is performed with delay or performed incorrectly, the purchaser can only demand compensation:
for damage due to injury to life, body or health that is a result of deliberate or negligent breach of the duty of SCHARF or a deliberate or negligent breach of the duty of a legal representative or agent of SCHARF.
for other damage, that is due to a deliberate or grossly negligent breach of duty of SCHARF or a deliberate or grossly negligent breach of duty of a legal representative, executive or agent of SCHARF.
for other damage, that is due to deliberate or negligent breach of duties that are of importance to the contract (cardinal duties) of SCHARF or deliberate or negligent breach of duties that are of importance to the contract (cardinal duties) of a legal representative, executive or agent of SCHARF; duties that are of importance to the contract (cardinal duties) are not only duties, that when fulfilled enable the implementation of the contract but also duties whose fulfilment the purchaser regular relies on.
for damage, that comes under a guarantee (assurance) issued by SCHARF or a guarantee of quality or durability.
This does not affect a further liability due to a malicious act.
Compensation claims against us arising from statutory liability, for example according to the Product Liability Law, remain unaffected by the above-mentioned provisions.
In the event of negligent breach of an essential contractual duty, liability is limited to the typical type of damage in terms of amount to be expected. With the exception of damage due to injury to life, body or health.
Insofar as no derogatory clause is agreed in these General Terms and Conditions of Trade, all claims of the purchaser for compensation for damage of any type, in particular claims that did not arise from the delivery object itself, as well as claims resulting from a legal offence are excluded. This also applies to claims due to and against agents of SCHARF. The liability limitation is not applicable, if SCHARF or the agent of SCHARF is blamed for intent or gross negligence, or injury to life, body or health exists.
If a third party is commissioned or consulted for the purpose of initiating or settling the contractual obligation between the parties, the above warranty and liability limitations also apply in favour of the third party.
Insofar as no derogatory clause is agreed in these General Terms and Conditions of Trade, the purchaser can only demand compensation:
for damage arising from injury to life, body or health that is due to deliberate or negligent breach of duty of SCHARF or a deliberate or negligent breach of duty of a legal representative or agent of SCHARF.
for other damage that is due to a deliberate or grossly negligent breach of duties of SCHARF or a deliberate or grossly negligent breach of duties of a legal representative, executive or agent of SCHARF.
for other damage that is due to the deliberate or negligent breach of duties (cardinal duties) of SCHARF that are of importance to the contract or the deliberate or negligent breach of duties (cardinal duties) of a legal representative, executive or agent of SCHARF; duties that are of importance to the contract (cardinal duties) are not only duties, that when fulfilled enable the implementation of the contract but also duties whose fulfilment the purchaser regular relies on.
for damage, that comes under a guarantee (assurance) issued by SCHARF or a guarantee of quality or durability.
This does not affect a further liability due to a malicious act.
In the event of negligent breach of an essential contractual duty, liability is limited to the typical type of damage in terms of amount to be expected. With the exception of damage due to injury to life, body or health.
Compensation claims against us arising from statutory liability, for example according to the Product Liability Law, remain unaffected by the above-mentioned provisions.
Insofar as no derogatory clause is agreed in these General Terms and Conditions of Trade, all claims of the purchaser for compensation for damage of any type, in particular those that did not arise from the delivery object itself, as well as claims resulting from a legal offence are excluded. This applies to claims due to and against agents of SCHARF. The liability limitation is not applicable, if SCHARF or the agent of SCHARF is blamed for intent or gross negligence, or injury to life, body or health exists.
SCHARF observes the legal provisions pertaining to data protection. SCHARF shall use, save or transfer the personal data of the purchaser (name, address, delivery address if necessary and bank details or credit card data) to complete the purchase contract entered into between the purchaser and SCHARF via www.scharf-gmbh.de, in compliance with the consent of the purchaser on the use of his data in the order process. The purchaser is in particular aware that the transfer of name and address and delivery address if required, to the transport person responsible for the shipping of the goods, is necessary to complete the purchase contract.
If one or several provisions contained in these General Terms and Conditions of Trade is invalid or becomes fully or partially invalid or should these General Terms and Conditions of Trade contain a loophole, this does not influence the validity of these General Terms and Conditions of Trade.
The following provisions in this Paragraph XII. 1. apply solely to contractors:
The purchase contract including these General Terms and Conditions of Trade is subject to the material law of the Federal Republic of Germany with the exception of the UN Purchasing Law. Exclusive place of jurisdiction for all disputes arising from and/or in conjunction with this contract is Balingen, insofar as the customer is a merchant or he/she has his/her regular residence abroad. Irrespective of this, SCHARF is also entitled to demand that the hearing be held at the general place of jurisdiction of the purchaser.
A merchant is every contractor entered in the Trade Register or who trades and requires a business for commercial purposes.
The following provisions in this Paragraph XII. 2. apply solely to consumers:
The purchase contract including these General Terms and Conditions of Trade is subject to the substantive law of the Federal Republic of Germany with the exception of the UN Purchasing Law. Exclusive place of jurisdiction for all disputes arising from and/or in conjunction with this contract is Balingen, insofar as the customer is a merchant or he/she has his/her regular residence abroad outside the EU. The purchaser has his/her regular residence in a foreign country outside the EU when his/her residence or headquarters is in the foreign country outside the EU. Irrespective of this, SCHARF is also entitled to demand that the hearing be held at the general place of jurisdiction of the purchaser.