§ 1 Scope of application and provider

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Schönebecker Maschinen- und Werkzeugbau GmbH (hereinafter referred to as “Supplier”) and you (hereinafter referred to as “Customer”) in the version valid at the time of conclusion of the contract.

(2) Any deviating general terms and conditions of the purchaser are rejected. Please read these terms and conditions carefully before utilising a service from Schönebecker Maschinen- und Werkzeugbau GmbH.

(3) We offer you the following services and products: Consultancy, design, manufacture and support

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The customer must have reached the age of 18.

(3) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.

(4) By ordering a chargeable service or product, the customer enters into a contractual relationship with Schönebecker Maschinen- und Werkzeugbau GmbH. Before concluding this contractual relationship, the user shall be informed about the respective chargeable service and the terms of payment.
service and the terms of payment.

§ 3 Description of the scope of services

The Provider’s scope of services consists of the following services: Customer can make enquiries and make contact.

§ 4 Prices and shipping costs

(1) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment shall be listed.

(2) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.

§ 5 Terms of payment

(1) Certain payment methods may be excluded by the provider in individual cases.

(2) The Customer is not permitted to pay for the service or product by sending cash or cheques.

(3) If the Customer chooses an online payment method, the Customer thereby authorises the Provider to collect the amounts due at the time of the order.

(4) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer must transfer the invoice amount to the Supplier’s account within five calendar days of receipt of the order.

(5) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorises the Supplier to collect the amounts due.

(6) If the supplier offers payment by direct debit and the customer chooses this payment method, the customer shall grant the supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to a lack of funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.

(7) If the customer defaults on payment, the provider reserves the right to assert claims for damages caused by default.

§ 6 Registration and cancellation

(1) Furthermore, the customer declares that neither he nor, to his knowledge, any member of his household has a criminal record for an intentional criminal offence that endangers the safety of third parties, in particular for an offence against sexual self-determination
(§§ 174 ff. StGB), an offence against life (§§211 ff. StGB), an offence against physical integrity (§§ 223 ff. StGB), an offence against personal freedom
(§§ 232 ff. StGB), or due to theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or due to drug abuse.

(2) Subject to reservation, a user is entitled to unsubscribe at any time in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.

(3) If a user has opted for a paid service, they can cancel at the latest 30 days before the booking period. If this deadline is not met, the paid service will be extended by the selected booking period and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. The customer’s full name, e-mail address and postal address must be given so that your cancellation can be allocated. In the case of cancellation by telephone, the individual telephone password is required.

(4) The provider may cancel the contract at any time at its own discretion, with or without prior notice and without giving reasons. The Provider further reserves the right to remove profiles and/or any content published on the Website by or on behalf of the User. If the Provider cancels the User’s registration and/or removes the User’s profile or published content, the Provider is under no obligation to inform the User of the reason for the cancellation or removal.

(5) The decision to terminate the user’s registration and/or to notify other users with whom the provider assumes that the user has been in contact does not imply or state in any way that the provider is making statements about the individual character, general reputation, personal characteristics or lifestyle.

(6) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil action. Furthermore, the operator reserves the right to cancel the existing contractual relationship with immediate effect in such a case.

(7) If a user’s access is blocked due to a culpable breach of contract and/or the contractual relationship is cancelled, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower.

(8) After termination of the contractual relationship, all user data shall be deleted.

§ 7 Limitation of liability (services)

(1) The provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the ordering party or other content generated by the ordering party.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective customers involved. Therefore, the provider is not liable for the services of the participating purchasers. Accordingly, all matters relating to the relationship between the Buyers, including, without limitation, the services received by a Seeker or payments due to Buyers, shall be addressed directly to the respective party. The Provider shall not be held responsible for and hereby expressly disclaims all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind, intentional or unintentional, suspected or unsuspected, disclosed or undisclosed, of any kind whatsoever in connection with the aforementioned matters.

(3) Schönebecker Maschinen- und Werkzeugbau GmbH shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Schönebecker Maschinen- und Werkzeugbau GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Schönebecker Maschinen- und Werkzeugbau GmbH.

(4) Schönebecker Maschinen- und Werkzeugbau GmbH shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Schönebecker Maschinen- und Werkzeugbau GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Schönebecker Maschinen- und Werkzeugbau GmbH.

(5) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.

(6) Claims for damages based on injury to life, limb, health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).

(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.

§ 8 Offsetting and right of retention

(1) The customer shall only have the right to set-off if the customer’s counterclaim has been recognised by declaratory judgement or has not been disputed by the supplier.

(2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.

§ 9 Cancellation policy

(1) If the customer is a consumer, he has a right of cancellation in accordance with the following provisions:

(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period for services is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must contact us:

Schönebecker Maschinen- und Werkzeugbau GmbH
Pömmelter Str. 1
39218 Schönebeck
Tel. 03928/403148
info@schoenebecker-mw.de
www.schoenebecker-mw.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period and that you have returned the goods via our online returns centre within the period defined below. For additional information regarding the scope, content and explanations for exercising the right of cancellation, please contact our customer service.

(3) Consequences of cancellation. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

(4) Exceptions to the right of cancellation You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The right of cancellation does not exist or expires for the following contracts: Goods that have been or are manufactured according to customer specifications and you have taken note of and expressly agreed before placing the order that we can start providing the service and you lose your right of cancellation upon complete fulfilment of the contract.

§ 10 Data protection

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.

(3) Third parties are not authorised to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.

(4) You have the right to receive complete information from the provider about the data concerning you at any time and free of charge.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate privacy policy.

§ 11 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.

(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called persistent cookies).

(5) You can object to the storage of cookies by clicking on a banner that allows you to object/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

§ 12 Place of jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 13 Final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults.

(3) If you breach these Terms and Conditions and we do nothing about it, we are still entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules, terms and conditions including these terms and conditions at any time. Your order will be subject to the terms of sale, contract terms and conditions in force at the time of your order, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.