General Terms and Conditions of the Stölzle Lausitz Shop
Stölzle Lausitz GmbH
Berliner Str. 22-32, D-02943 Weißwasser/O.L. / Germany
Limited liability company with registered office in Weißwasser
AG Dresden HRB 13754
Managing directors: Leopold Grupp, Ronald Brieger, Vincenz Waldstein-Wartenberg
Ust-Ident-Nr. according to § 27a Umsatzsteuergesetz: DE181474434
Responsible for content according to §§ 5 TMG, 55 Abs.2 RStV: Leopold Grupp
+49 (0) 3576 268-0
+49 (0) 3576 268-249
The legally required instruction on the right of withdrawal in distance selling for consumers can be found under item 6. of these General Terms and Conditions. The definition of the term "consumer" can be found in section 1.2 of these General Terms and Conditions.
For the storage of these documents and for inspection possibilities of the essential parts of the contract, please refer to Clause 2 of these General Terms and Conditions.
We also seek customer-oriented solutions in legal matters. You can simply call us. Of course, you retain your rights without restriction even if you do not call us. The legislator obliges especially online providers to numerous notes on the contract and the applicable conditions. We have compiled these notes and our other conditions on the conclusion of the purchase contract, on the consumer's options for revoking his declarations of intent and on the shipping conditions for you below.
Overview of the General Terms and Conditions (hereinafter also: "GTC") (with legal information)
- Possibility of saving and viewing the essential documents and records of the contract
- Contracting party, language and conclusion of the contract
- Prices, shipping costs, minimum quantity surcharge, order discounts
- Payment, Delivery
- Right of withdrawal
- Voluntary right of return
- Retention of title
- Warranty and complaint management
- Data protection notice
- Dispute resolution for consumers
- Applicable law, place of jurisdiction
- Severability clause
General Terms and Conditions (GTC)
1.1 We deliver exclusively on the basis of these General Terms and Conditions. These our General Terms and Conditions are the basis for all contracts concluded with us on the basis of the offers on our Internet store page, in particular they are an essential part of all our offers and declarations of intent therein directed towards the conclusion of a contract. General terms and conditions of the customer or potential contractual partner that conflict with or deviate from the following provisions shall not apply. The following terms and conditions shall also apply exclusively if we carry out the delivery and performance without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from the following terms and conditions; in general, the validity of general terms and conditions of the potential contractual partner for contracts with us shall be excluded without the need for an objection in the individual case.
1.2 If these Terms and Conditions refer to consumers, these are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. Entrepreneurs (commercial customers) are natural or legal persons or partnerships with legal capacity who place orders for commercial, self-employed or freelance purposes. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
1.3 If working days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office.
2. storage possibility and inspection of contract text
2.1 We keep these GTC and the further contractual provisions, in particular the provisions on the right of withdrawal for consumers (including the associated withdrawal form) with the data of your order in the ordering process, ready for retrieval. You can easily archive this information there by either downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of your browser, or you can wait for the automatic order receipt confirmation, which we will also send to you by e-mail after completion of your order to the address you have provided. This order confirmation e-mail contains once again the contractual provisions with the data of your order and these terms and conditions and can be easily printed or saved with your e-mail program.
2.2 The course to the conclusion of the contract as well as all associated essential data and documents are stored with us, but are not directly retrievable by you for security reasons. We offer a password-protected direct access ("My Account") for each customer. Here you can manage your data and view order data with the appropriate registration. The customer undertakes to treat the personal access data confidentially and not to make it accessible to any unauthorized third party. You can find the current version of the GTC on our website.
3. contracting party, language and conclusion of contract
3.1 Your contractual partner is Stölzle Lausitz GmbH. Contracts in our Internet store can currently only be concluded in German. Our promotional offers are subject to change as long as they do not become the content of a contractual agreement.
3.2 Our offers on the Internet are binding offers to conclude a contract. You can accept this binding offer (offer to conclude a purchase agreement) via the online shopping cart system. In doing so, the goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase. By sending your order via the button "order with obligation to pay", a corresponding, legally binding purchase contract is concluded with us.
3.3 A binding contract is concluded immediately after you have sent your order if you accept a corresponding invitation and complete your order with payment via one of the online payment services offered to you by us by confirming the payment instruction or by choosing the option to pay in advance. An overview of our online payment services can be found below (cf. the following section 5.1 of these GTC).
3.4 You will receive the e-mail with the confirmation of the legally binding purchase contract with details of the selected method of payment for the goods immediately after receipt of the order.
3.5 A telephone order is bindingly accepted by us in the telephone call. You will then receive the information on the conclusion of the contract and these GTC once again to an e-mail address specified by you or together with the goods.
4. prices, shipping costs, order discounts
4.1 For orders in our Internet store, the prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable German statutory value-added tax and other price components.
Deliveries in Germany are free of shipping costs from an order value of 59 EUR. Below that, there are costs of 5.90 EUR for delivery. In addition to the stated prices, we also charge 10.90 EUR for delivery to a recipient outside of Germany or 6.90 EUR for delivery to Austria and 8.90 EUR for delivery to Spain, France or Italy and the respective value added tax valid in the country .
4.2 In the case of deliveries outside of Germany, further costs may arise upon import into a third country (customs duties, possible customs fees and import sales taxes). These other costs shall be borne by the customer. You can find more information about the fees here and about the import sales tax here and specifically for Switzerland here.
5. payment, delivery
5.1 We offer the following payment options:
For customers in Germany:
- by prepayment - you transfer the invoice amount in advance to our account. You will receive the transfer details after completing the order.
- via PayPal - You pay the invoice amount via the online provider PayPal. You must be registered there or register first (except for guest orders via PayPal), legitimize with your access data and confirm the payment instruction to us. You confirm the payment by sending the order in our online store. You will receive further instructions on how to get to the payment provider's page during the order process.
- by invoice - In case of invoice purchase via Unzer / payolution GmbH, Stiege 1 / 5th floor, Columbusplatz 7-8, A-1100 Vienna (hereinafter: "payolution") the payment is due after the goods have been delivered and invoiced. In this case the payment has to be made within 14 (fourteen) days after receipt of the invoice without deduction to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany. In this case, the seller assigns his claim from the purchase contract to Unzer E-Com GmbH, unless otherwise agreed. The payment method purchase on account requires a successful credit check. In this case, the customer can only pay Unzer E-Com GmbH with debt-discharging effect. In addition, the supplementary General Terms and Conditions apply in this respect, which the customer can call up as part of the ordering process. We reserve the right to offer the payment method purchase on account only from or up to a certain shopping cart value. We reserve the right to refuse this payment method if the value of the shopping cart falls below or exceeds the specified value. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.
- by credit card - If you have selected credit card payment as a payment method, the payment will be processed by the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
- by Sofortüberweisung - If you have selected Sofortübweisung as payment method, the payment will be processed by the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
- by SEPA direct debit - If you have selected SEPA direct debit as payment method, the payment will be processed by the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
For customers outside Germany:
- by prepayment (details above)
- Paypal (see details above)
5.2 We use DPD, DHL, UPS and half-pallet for postal shipments and for forwarding shipments. Shipments to P.O. boxes or post-stored shipments are not possible. Unless otherwise agreed, delivery shall be made by forwarding agent free curbside, to the delivery address specified by the customer. Furthermore, there is the possibility of delivery to a parcel store of DPD and possibly their partners. You will receive a message from us when the goods have left our house. Deliveries to so-called Packstations we can only deliver in exceptional cases. If the delivery was not successful, you will usually receive a message from the carrier, from which the further possibilities arise.
5.3 If you have ordered several items with different delivery times, we strive for a complete delivery. If there is a considerable difference, we will exceptionally and as far as this is reasonable for you, deliver the already deliverable items to you in advance. The shipping costs will not increase for you.
5.4 The delivery time shall be reasonably extended in the event of strikes and lockouts affecting the delivery as well as other circumstances for which we are not responsible, in particular in cases of delivery delays due to force majeure. We shall inform the Buyer immediately of the beginning and end of such hindrances.
5.5 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass in the case of sale by dispatch upon handover of the goods to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a mail order purchase upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.
6. right of withdrawal for consumers
6.1 In the following you will receive information about the requirements and consequences of the statutory right of withdrawal for mail-order purchases. A contractual granting of rights beyond the law is not associated with this. In particular, the statutory right of withdrawal is not available to commercial resellers.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us (Stölzle Lausitz GmbH, Berliner Str. 22-32, D-02943 Weißwasser/O.L. by means of a clear declaration (e.g. a letter sent by post or a message) about your decision to revoke this contract. You can use the model withdrawal formr. We will send you a confirmation of receipt of such revocation.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (Stölzle Lausitz GmbH / TST Logistik , Industriestr. 4, D-14959 Trebbin) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. The return of the goods is free of charge for you. You will 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 testing the condition, properties and functioning of the goods.
6.2 Sample for the withdrawal form
The "sample cancellation form" mentioned in the previously listed cancellation policy is reproduced below. You do not necessarily have to use it, but can also formulate your revocation yourself in any case.
Sample revocation form
(If you want to revoke the contract, please fill out this form and send it back).
Stölzle Lausitz GmbH
Berlin Str. 22-32
D-02943 Weißwasser/O.L. / Germany
Fax: +49 (0) 3641 - 316 12 17
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication):
(*) Delete as applicable.
6.3 Our items (made of glass) are mostly fragile and delicate items and should therefore be handled with due care. Before returning the goods, please pack them as carefully as possible, preferably in the original carton with all accessories and with all packaging components. If necessary, use a protective outer packaging.
6.4 Please note our order discounts and vouchers:
If you have received a discount for your order in the form of our order discounts or price deductions via vouchers due to the order value reached and if the order value required for the discount received falls below the original order value again due to a (partial) cancellation, you will be charged the difference resulting from the discount received compared to the original order value without this discount.
Failure to comply with the above instructions shall not affect the effective exercise of the right of withdrawal and shall not worsen your legal position.
7. voluntary right of return
(1) Voluntary right of return up to 30 days after receipt of goods
For all orders in the Stölzle Lausitz Shop, in addition to the statutory right of revocation, we grant you a voluntary right of return for a total of 30 days after receipt of the goods. With this right of return, you can release the goods from the purchase contract after the statutory 14-day revocation period has expired. However, a prerequisite for exercising the voluntary right of return is that you return the goods complete, in their original condition intact and without damage in the original sales packaging. The voluntary right of return does not apply to the purchase of gift vouchers.
If you wish to make use of the voluntary right of return, please register your return in our returns portal. You will then receive all further information.
The refund of payments made when exercising the voluntary right of return is made via the payment method used when placing the order.
(4) Voluntary right of return and statutory right of revocation
Your statutory right of revocation shall not be affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and shall remain in force irrespective thereof. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions and those contained in the cancellation policy shall apply. Furthermore, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted.
8. reservation of title
The delivered goods remain our property until full payment of the purchase price and other claims arising from previous deliveries.
9 Warranty and complaint management
9.1 In the event of defects in the goods, the customer shall have a statutory right of liability for defects (warranty). For new goods delivered by us, the statutory warranty period of 2 years applies to consumers. The period begins with the delivery of the goods. According to the legal regulations, we are not liable, among other things, for such damages that are based in a use-related or other natural and usual wear and tear.
Of course, we shall not be liable in the above cases only if we are not responsible for the damage.
In the case of used goods, we can only provide a warranty free of charge to consumers and only within one year after delivery of the goods. In the case of delivery of used goods to entrepreneurs, the warranty is excluded.
9.2 Entrepreneurs must notify us in writing of obvious defects without delay, but at the latest within a period of 5 (five) days from receipt of the goods. In case of discovery of non-obvious defects, the obligation of immediate notification of defects shall apply, at the latest within 5 (five) days from the discovery of the defect. In order to preserve the rights of the Buyer, it is sufficient to send the notification in time. Otherwise, the goods shall be deemed approved also in view of the respective defect. Timely dispatch shall be sufficient to meet the deadline. For merchants, § 377 HGB shall apply in addition.
9.3 The limitations or exclusions of warranty liability set out in the above provisions under 8.1 and 8.2 shall expressly exclude claims for damages based on a defect arising from injury to life, body or health resulting from a breach of duty for which we are responsible, as well as claims for damages for other damage resulting from an intentional or grossly negligent breach of duty by us. The statutory limitation period of 2 years shall apply to the claims excluded above. Limitations or exclusions of warranty claims as a whole shall not apply in the event of the assumption of a quality guarantee by us or the fraudulent concealment of a defect by us within the meaning of § 444 BGB. Any manufacturer's warranty shall also remain unaffected. In addition, the provision of § 478 BGB on dealer recourse in the sale of newly manufactured goods to a consumer shall remain unaffected. Insofar as our liability is excluded or limited or exceptions to this are regulated above, this shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.
9.4 Within the warranty period, we shall be obliged to provide subsequent performance free of charge in the event of defects which are subject to the statutory warranty, i.e. to remedy the defect or to provide a replacement delivery. Consumers as contractual partners have the choice whether, in the event of a defect, subsequent performance is to take the form of rectification of the defect or replacement delivery. We shall be entitled to refuse the type of supplementary performance chosen in the event of special conditions regulated by law, in particular if this is only possible at disproportionate cost and the other type of supplementary performance does not involve any significant disadvantages for the contractual partner. In the case of contracts with entrepreneurs, the type of subsequent performance shall be at our discretion. If we are not willing or able to remedy the defect or make a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails in any other way, you shall be entitled, at your option, to demand a corresponding reduction in the purchase price or to withdraw from the contract. If the legal requirements are met, you may also be entitled to claim damages. The withdrawal as well as the compensation for damages instead of the entire performance are also excluded if the defect only insignificantly reduces the value or the suitability of the purchased item or the work.
9.5 We attach great importance to your customer satisfaction. You can contact us at any time via one of the contact channels indicated at the beginning. We will do our best to examine your request as quickly as possible and will contact you as soon as we receive the documents or your input or complaint. In the case of complaints, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send copies of order documents or at least state your order number, customer number, etc.. If you do not receive a response from us even within 5 working days, please ask. In rare cases, e-mails may have been "stuck" in spam filters at our company or at your company, or a message may not have reached you by other means or may have been omitted by mistake.
9.6 In case of service requests, please contact our customer service, which you can reach as follows:
9.7 Claims for damages, reimbursement of wages, consequential damages or lost profits are generally excluded - except in cases expressly provided for by law, such as § 437 No.3 BGB.
10. data protection notice
Our data protection practices are based on the statutory provisions, in particular the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG) as well as the General Data Protection Regulation (DS-GVO). Details on the collection and use of your personal data can be found in our data protection provisions, which also contain information on the credit check, in the context of which values are calculated for the probability of non-payment, whereby your address data is also included. Further data protection information can be found in our online store at https://www.stoelzle-lausitz-shop.de/datenschutz.
11. dispute resolution for consumers
We strive at all times to reach an agreement with the customer. Please use our service contact at email@example.com or our other specified contact options. The European Commission is planning a platform for online dispute resolution (OS) with further information. This can be reached on the Internet under the link http://ec.europa.eu/consumers/odr/. However, we do not participate in a formal dispute resolution procedure before consumer arbitration boards.
12 Applicable law, place of jurisdiction
12.1 All legal transactions or other legal relationships with us shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall include that the consumer is not deprived of the protection granted by mandatory provisions of the law of the state in which he has his habitual residence.
12.2 In business transactions with merchants and with legal entities under public law, it is agreed that our registered office shall be the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, we shall also be entitled to take legal action at the customer's place of business. Any exclusive place of jurisdiction shall remain unaffected by the above provision.
13. severability clause
Should individual provisions of these General Terms and Conditions of Business not be legally effective in whole or in part, or should they lose their legal effectiveness at a later date, this shall not otherwise affect the validity of the General Terms and Conditions of Business. The invalid provisions shall be replaced by the statutory provisions. The same applies insofar as the general terms and conditions contain an unforeseen loophole.
Status March 2023
Stölzle Lausitz GmbH
GENERAL TERMS AND CONDITIONS OF PURCHASE
of the Stoelzle Lausitz Group (Version 03.2023)
1. scope of application of the GTC
1.1 These General Terms and Conditions of Purchase (hereinafter referred to as "GTC") shall be an integral part of all orders for the delivery of goods or the provision of services to Stölzle Lausitz GmbH Berliner Straße 22-32, D-02943 Weißwasser, Germany, and/or to Stoelzle Lausitz Poland sp.z o.o, ul. Powstancow Slaskich 2-4, PL-53333 Wroclaw, Poland (the ordering company hereinafter referred to as "STOELZE").
Contractual terms and conditions or other regulations of the supplier that deviate from these GTC shall only apply if STOELZLE has expressly acknowledged them in writing in the individual business case and only for that business transaction for which the contractual terms and conditions or other regulations of the supplier were acknowledged. If the supplier refers to its contractual terms and conditions in an offer or order confirmation, this shall expressly not lead to their applicability; rather, these GTC of STOELZLE shall apply without restriction in this case.
1.2 Persons who conclude business transactions or accept orders on behalf of the Supplier shall be deemed to be authorized to accept these GTC on behalf of the Supplier and to make reservations in this respect.
2 Conclusion of contract, withdrawal
2.1 Conclusion of a contract shall only be legally effective upon written placement of the order by STOELZLE. Offers made by the supplier shall be binding on the latter and, like information, details and other notifications provided in the course of initiating business, shall not oblige STOELZLE to conclude the contract or to bear any costs. If an order placed by STOELZLE is not objected to in writing by the supplier within 5 working days at the latest, it shall be deemed to have been accepted.
2.2 Insofar as commercial clauses are used in STOELZLE's orders or in other correspondence with the supplier, the provisions of INCOTERMS 2020 as amended from time to time shall apply to their interpretation unless otherwise agreed in writing.
2.3. STOELZLE shall be entitled, without this giving rise to any claims whatsoever on the part of the supplier, to withdraw from the contract in whole or in part if, in particular, (i) one of its customers, for reasons of model change or other design-related technical changes or for other reasons, does not meet the requirements of the contract, or for other reasons for which STOELZLE or the supplier are not responsible, withdraws from the order placed with STOELZLE or restricts the scope of the order, or if (ii) the contractually agreed quality standards are persistently not met by the supplier, or if (iii) insolvency proceedings are instituted against the assets of the supplier or those of its upstream suppliers.
3. performance content
3.1 The individual contract concluded in writing between STOELZLE and the supplier shall be primarily decisive for the content of the service.
3.2 In addition, the scope of services shall include, in each case without any separate claim to remuneration on the part of the supplier,
- the provision of plans and documentation to the extent requested by STOELZLE;
- the provision of material test certificates and declarations of conformity;
- the sending of material samples and specimens of the delivery item;
- shipment to the STOELZLE plant or to the otherwise specified destination, including unloading; and
- the packaging of the delivery item in a manner suitable for transport.
4. quality and environment
4.1 The Supplier shall manufacture the delivery item in such a way that it is perfectly suitable for the purpose usually assumed as well as the purpose stipulated or corresponding to the nature of the business. The Supplier shall obtain knowledge of all circumstances necessary for this on its own. Laws and regulations existing for the place of destination of the delivery item and relating to its design, quality and safety (such as, in particular, regulations concerning occupational safety, machine safety devices and electrical engineering), directives, standards (such as, in particular, harmonized European standards, DIN standards and VDE standards), regulations, rules of technology and official requirements as well as CE marking shall always be complied with. The technical delivery specifications existing for machine and plant deliveries at STOELZLE shall be handed over to the supplier upon request and can be accessed at www.stoelzle-lausitz.com. STOELZLE reserves the right to request a test report from an independent body on the execution of the delivery item in compliance with the regulations as part of the documentation; the choice of the testing body is incumbent on STOELZLE.
4.2 The quality and faultlessness of the delivery item shall be ensured by the supplier in such a way that suitable tests and inspections are carried out before and during production. These tests shall be documented. STOELZLE shall in any case be entitled, but not obliged, to carry out such tests and inspections at the supplier's manufacturing plant. The supplier shall conclude a quality assurance agreement with STOELZLE, insofar as STOELZLE deems this necessary. If initial or outturn samples have been agreed or are required, the supplier may not commence series production until STOELZLE has given its express written approval.
4.3 The supplier shall take into account all environmental and energy aspects within the scope of its operational processes. The supplier is aware that these aspects have been taken into account by STOELZLE when evaluating the supplier's offer and placing the order.
5. order processing
5.1 STOELZLE's order number must be quoted in all documents relating to the order; without this, notifications shall be deemed not to have been received in case of doubt and invoices cannot be paid.
5.2 In the event of work for STOELZLE or third parties carried out by the supplier on STOELZLE's premises, the supplier shall require his staff or other agents to observe the statutory and company accident prevention and fire protection regulations, the recognized technical safety and occupational health rules as well as STOELZLE's general and special operating requirements. The written instructions existing at STOELZLE for this purpose shall be handed over to the supplier upon request and can be retrieved at www.stoelzle-lausitz.com. The supplier shall release STOELZLE from any liability for personal injury or damage to property incurred by the supplier or its people or other agents in the course of their work on STOELZLE's premises, unless damage is caused by intent or gross negligence on the part of STOELZLE or its people or agents. Before starting work, it is essential to contact STOELZLE's occupational safety specialist.
5.3 If STOELZLE takes custody of third-party property located on STOELZLE's premises in connection with the execution of orders by the supplier, STOELZLE shall only be liable for loss or damage in the event of intent or gross negligence.
5.4 If the supplier requires assistance from STOELZLE in the course of the performance of its services (unloading assistance, helpers, provision of tools, energy and the like), it shall pay STOELZLE reasonable compensation for this.
6 Delivery, delay, force majeure
6.1 Agreed delivery dates, deadlines and scope as well as any division into partial deliveries shall be binding on the supplier. This shall apply both to the manufacture of the delivery item and to the preparation of the associated technical documentation as well as the administrative and shipping documents. STOELZLE shall be entitled to make changes to the order with regard to design, execution or delivery time within the scope of what is reasonable. The effects of such changes are to be settled appropriately by mutual agreement.
6.2 Agreed delivery periods shall commence on the date of the order or, if STOELZLE has reserved the right to call off the order, on that date. Decisive for compliance with the delivery date or delivery period shall be the receipt of the delivery item at the receiving point designated by STOELZLE.
6.3 Unless otherwise agreed in writing, partial deliveries are not permitted. STOELZLE shall not be obliged to accept over-deliveries. STOELZLE is entitled to return or store deliveries made before the agreed date at the supplier's expense and risk.
6.4 The order placed may not be passed on by the supplier to subcontractors or other third parties, either in part or in full, without the written consent of STOELZLE.
6.5 In the event of non-compliance with a delivery date, irrespective of the reason for the delay, STOELZLE shall be entitled at its own discretion (i) either to withdraw from the contract in whole or in part (ii) or to insist on performance of the contract. In any case, STOELZLE shall be entitled to demand from the supplier, at its own discretion (i) either the full amount of the damage actually incurred by it as a result of the delayed delivery or failure to deliver (including any cover expenses) (ii) or a contractual penalty irrespective of fault and not subject to judicial mitigation, the amount of which shall be 5% of the total value of the order for each completed week of delay and a maximum of 10% of the total order value, unless otherwise agreed in the individual contract with the supplier. STOELZLE's acceptance of a delayed delivery or service shall not constitute a waiver of claims for compensation.
6.6 In the event of complaints by STOELZLE regarding delivery dates, delivery periods or scope of delivery, the supplier shall in any case be obliged to take immediate remedial action and to report this to STOELZLE in writing within 12 hours.
6.7 The supplier is obliged to inform STOELZLE immediately in writing of all circumstances that could complicate, make impossible or delay the proper fulfillment of the order by the supplier.
6.8. In particular, the following events, insofar as they occur after conclusion of the contract - or even before conclusion of the contract if their effects could not be foreseen - shall be deemed to be cases of force majeure insofar as they impede or delay the contractual obligations of STOELZLE or a third party supplier: War; threat of war; riot; blockade; requisition; embargo; conscription of personnel for military service; foreign exchange restrictions; export and import prohibitions or restrictions; energy supply shortages; labor disputes; general shortage of personnel, transportation and raw materials; water shortage; fire; floods; storm; blockages of railroad traffic; non-delivery, defective or delayed delivery of raw materials and other auxiliary means for production; operational reductions or cancellations on the part of the purchaser of the delivery effected to STOELZLE; as well as other circumstances beyond STOELZLE's control. In the event of force majeure, STOELZLE shall be entitled, at its discretion, either to postpone the performance of its contractual obligations or to declare its withdrawal from the contract immediately or at a later date. The supplier is not entitled to assert claims for compensation of any kind against STOELZLE as a result of this postponement or cancellation of the contract. STOELZLE shall notify the supplier without delay of the occurrence of a case of force majeure and of its further contractual intentions. If a case of force majeure occurs on the part of a third party supplier, the obligation to notify the supplier is fully satisfied by forwarding the notification of the third party supplier. If necessary, the supplier shall store the goods properly at the supplier's expense and risk until they are taken over by STOELZLE.
7 Shipping, packaging
7.1 Deliveries without the shipping documents required in the orders shall not be considered as order fulfillment and shall either be returned at the Supplier's expense and risk or stored until the missing documents are received. In the case of delivery items containing hazardous substances, the Supplier shall always provide a safety data sheet. If deliveries are intended for export, the supplier is obliged to provide a written declaration on the customs origin of the delivery items and to send this to STOELZLE with the first delivery at the latest.
7.2 Unless otherwise agreed in writing, all deliveries shall be made "free works" to the receiving point (DDP) designated by STOELZLE, including proper packaging, customs clearance, insurance and other expenses. The supplier shall bear all risks until acceptance of the delivery item by STOELZLE or its agents at the place to which the delivery is to be made in accordance with the order. Deliveries shall only be accepted at the place of receipt during normal business hours.
7.3 All deliveries shall be packed in a manner suitable for transport; any packing instructions given by STOELZLE shall be followed without fail. Packing wood must comply with the current EC phytosanitary requirements. Empty containers or packaging material will not be returned by STOELZLE unless a corresponding note is made in the invoice and in the supplier's accompanying documents. Packaging must be taken back by the supplier free of charge at STOELZLE's request and recycled in an environmentally friendly manner. Special packaging provided by STOELZLE to the supplier shall remain the property of STOELZLE; the supplier shall be liable to STOELZLE in the event of damage to or loss of special packaging.
8 Handover and transfer of risk
8.1 The handover of the delivery item to STOELZLE shall be effected in such a way that STOELZLE accepts it through agents. If the supplier still has to assemble or process the delivery item at the place of destination, handover shall only take place after completion of this work, if necessary after a test run, if such has been agreed or is customary.
8.2 The risk of damage to or loss of the delivery item shall not pass to STOELZLE until it has been handed over.
8.3 Acceptance of the delivery item by STOELZLE shall in no way imply recognition of the contractual conformity of a delivery and thus no waiver by STOELZLE of claims arising from defective, delayed or otherwise non-conforming delivery.
9.1 Unless otherwise agreed in writing, all prices are unchangeable fixed prices which may not be increased for any reason whatsoever.
10. invoicing, payment
10.1 Invoices shall be sent to STOELZLE (firstname.lastname@example.org) in digital form. Order number and order date shall be stated in each invoice, the statutory value added tax shall be shown separately.
10.2 All invoices of the supplier are due for payment within 14 days after receipt of the invoice or goods (whichever is later) with a 3% discount or within 45 days after receipt of the invoice or goods (whichever is later) without deductions, unless otherwise agreed and insofar as permitted by mandatory statutory provisions. Cash on delivery shipments will only be accepted by STOELZLE upon agreement.
10.3 Payments shall be made in euros. If another currency has been agreed, the Euro equivalent on the date of the order shall apply. Expenses in connection with bank transfers, documentary collections or documentary letters of credit shall be borne by the supplier.
10.4 Payment shall in no way constitute recognition of the contractual conformity of a delivery and thus no waiver by STOELZLE of claims arising from defective, delayed or otherwise non-conforming delivery.
10.5 STOELZLE shall be entitled to resell, process or otherwise put deliveries into circulation in the ordinary course of business even before payment has been made.
10.6 The supplier shall not be entitled to assign, pledge or otherwise dispose of claims against STOELZLE without STOELZLE's written consent.
10.7 In the event of culpable default in payment, STOELZLE shall pay interest on arrears at a rate of 1% above the applicable 3-month EURIBOR. Dunning and collection expenses shall not be reimbursed.
10.8 STOELZLE shall be entitled to set off payment obligations towards the supplier against counterclaims, however named, also from other business relations with the supplier.
11.1 The supplier guarantees in the sense of expressly warranted characteristics that each delivery complies with all requirements stipulated by STOELZLE as well as all statutory regulations and standards, is properly executed and complies with the usually assumed characteristics such as those stipulated or those corresponding to the nature of the transaction.
11.2 The warranty period shall be 24 months; in the event of sale of the delivery item by STOELZLE to a third party, whether in processed or unprocessed condition, the warranty period shall at least correspond to the warranty period agreed between STOELZLE and the third party. The warranty period shall commence (i) in principle upon handover of the goods or services to STOELZLE in accordance with clause 8, in the case of hidden defects upon discovery thereof, (ii) in the case of devices, machines and plants upon the acceptance date stated in STOELZLE's written acceptance declaration, (iii) in the case of spare parts upon commissioning thereof. The warranty period shall be extended to the duration of a defect inspection and/or defect rectification during which delivery parts are not or could not remain in use. For repaired or replaced parts, the warranty period shall start anew at this point in time. STOELZLE is expressly exempt from an immediate inspection obligation; notifications of defects by STOELZLE shall be deemed to have been made in due time, provided they are notified to the supplier in writing within the open warranty period. Claims resulting from defective delivery shall become time-barred within 3 years after written notice of defect.
11.3 If, as a result of defective delivery, an incoming inspection exceeding the usual scope becomes necessary, the supplier shall bear the costs for this.
11.4. In the event of defective delivery, STOELZLE shall be entitled, irrespective of whether the defect affects the entire delivery or only parts thereof, whether the defect is material or immaterial, remediable or non-recoverable, to demand at its discretion (i) free replacement delivery (exchange) or free rectification of defects (improvement), (ii) in the event of the supplier's default in rectifying the defect, to rectify the defect itself, but at the supplier's expense, or to have it rectified by a third party, and (iii) if replacement or rectification is impossible or involves disproportionate expense for STOELZLE, to demand a price reduction or, in the event of a defect that is not merely minor, to withdraw from the contract in whole or in part. STOELZLE may demand that the supplier take back defective deliveries at its own expense and risk within 8 days of notification at the latest, otherwise the supplier shall be charged storage costs.
11.5 Even in the event of slight negligence, the supplier shall be liable for all damages incurred by STOELZLE as a result of defective delivery. The supplier expressly acknowledges that STOELZLE, as a pre-supplier of manufacturing companies with multi-layered work processes, may have extensive warranty and damage compensation obligations towards such customers in the event of late or defective delivery, which may far exceed the statutory obligations. Insofar as delivered goods or services are intended for delivery to such customers unchanged or in processed form, the warranty and compensation conditions agreed with these customers in the individual case shall also apply as part of the contractual relationship between STOELZLE and the supplier. At the supplier's request, STOELZLE shall at any time grant the supplier access to the warranty and compensation conditions applicable to the customers concerned. The supplier shall always indemnify and hold STOELZLE harmless in the event of late, defective or otherwise non-conforming delivery with regard to claims of such customers and expressly waives the objection of lack of foreseeability of such consequences of damage.
11.6 For each delivery item, the Supplier shall name all upstream suppliers, manufacturers and, in the case of imported products, also importers, in each case stating the company name and registered office, at the latest within the scope of the dispatch notification.
The supplier shall be aware of STOELZLE's corporate purpose. Even if STOELZLE processes the delivery item into a new product, this must comply with the safety requirements associated with the use of the product - which can reasonably be expected.
The supplier shall inform STOELZLE immediately in writing if the delivery item cannot provide the safety required by product liability regulations applicable in the individual case due to mandatory legal provisions or official orders.
If claims for damages are asserted against the supplier in or out of court in accordance with product liability provisions applicable in individual cases, the supplier shall notify STOELZLE thereof in writing without delay.
If a claim is made against STOELZLE in accordance with the relevant product liability provisions in an individual case,
- the supplier shall immediately hand over to STOELZLE all information and documents which are necessary and expedient to prove the exclusion of liability to the injured party in the event of other claims for damages;
- the supplier shall be liable for STOELZLE's recourse claims even if he acts only as an importer or dealer of the product;
- the supplier's liability to pay compensation shall extend to property damage suffered by STOELZLE as an entrepreneur, whereby indemnifications to the contrary shall not be permissible;
- notwithstanding any product liability provisions to the contrary, STOELZLE shall be entitled to recourse against the supplier for such payment within 3 months after STOELZLE has made payment or has been legally ordered to do so;
- notwithstanding any product liability provisions to the contrary, the supplier must prove that the delivery item is free of defects;
- STOELZLE's rights of recourse against the supplier shall also include all legal costs and other expenses incurred in connection with the claim; and
- STOELZLE's claims for damages and recourse against the supplier are not dependent on a complaint about the defect.
The supplier is obliged to insure all claims of STOELZLE and third parties arising from product liability in an otherwise appropriate amount to be agreed upon conclusion of the contract and to prove this to STOELZLE upon request.
12. production documents, moulds, tools, devices
12.1 Samples, models, drawings, printing plates and other aids as well as molds, tools and devices created at STOELZLE's expense and provided to the supplier shall remain the material and intellectual property of STOELZLE, freely available at any time, and shall be marked as such. Drawings may not be reproduced or used in any other way without the permission of STOELZLE. Such aids and devices may be used without exception for the execution of orders placed by STOELZLE and, in particular, may not be made accessible or otherwise handed over to third parties outside the company. Such tools and equipment shall be insured by the supplier at replacement value and returned to STOELZLE free of charge and in proper condition after delivery of the order, taking into account normal wear and tear. Any rights of retention of the supplier in this respect are excluded.
12.2 The supplier warrants that the delivery, acceptance, use and any other disposal of the delivery item does not infringe any third-party property rights in Germany or abroad and shall always indemnify STOELZLE against all third-party claims in this respect. In the event that this warranty allowance is not met, the contractual products shall be deemed defective and shall entail the legal consequences stipulated under item 11 of these GTC.
13.1 The Supplier shall be obliged to maintain strictest secrecy vis-à-vis everyone with regard to the order, the work resulting therefrom and the procedures connected therewith as well as all technical and commercial documents and equipment connected therewith, unless this is absolutely necessary for the performance of the order. The Supplier shall bind all third parties involved in the performance of the order to the same confidentiality obligation, while maintaining its own obligation in this respect.
14 Data protection, processing and use of data
14.1 By accepting the order, the supplier gives STOELZLE his consent to the electronic processing of personal data arising in connection with the business relationship. STOELZLE shall process the transmitted information on prospective customers, suppliers and customers exclusively for the purpose of implementing the respective negotiated framework or individual agreements. The storage of information on interested parties, suppliers and customers serves solely to establish contact with the responsible persons in the areas of purchasing, finance, logistics and operations for the purchase of products and services and for the provision of services. Any data subjects may contact STOELZLE at any time to request information about their stored contact data - at the following e-mail address: email@example.com.
14.2 The supplier undertakes to comply with the relevant data protection regulations, in particular the provisions of the Data Protection Regulation (DS-GVO) and the Federal Data Protection Act (BDSG-neu), when providing the contractual service as the responsible party or processor. He shall be responsible for the lawful handling of the personal data provided to him by us for the provision of the contractual services, without prejudice to the further provisions in this Section 14. The Supplier shall also be responsible for compliance with the formal data protection regulations (e.g. appointment of a data protection officer, performance of a data protection impact assessment, maintenance of processing directories).
The supplier undertakes to process the personal data made available to it by STOELZLE exclusively in a lawful and transparent manner, in good faith and exclusively for the provision of the contractual services. Any further use of the data, in particular such use for the supplier's own purposes or for the purposes of third parties, is not permitted. Furthermore, the Supplier shall limit the processing in terms of content and time to the absolutely necessary extent and shall ensure the accuracy of the data and their integrity and confidentiality.
The Supplier undertakes to take technical and organizational measures to the extent provided for by the relevant data protection regulations to safeguard the confidentiality, availability, integrity and authenticity of the personal data made available to it by STOELZE. This obligation also includes measures to ensure data protection by technology (privacy-by-design) and data protection-friendly default settings (privacy-by-default).
The Supplier undertakes to use only employees for the provision of the contractual services who have been familiarized with the statutory provisions on data protection and the specific data protection requirements of our orders and contracts by means of suitable measures and who, insofar as they are not already subject to appropriate statutory confidentiality obligations, have been comprehensively obligated in writing to maintain confidentiality (formerly data secrecy).
If the processing of personal data takes place as commissioned processing, the parties shall immediately conclude a contract for commissioned processing in accordance with the statutory provisions of Art. 28 DS-GVO.
14.3 Any naming of STOELZLE by the supplier for advertising purposes shall require the prior written consent of STOELZLE.
15 Place of performance, applicable law, place of jurisdiction
15.1 The place of performance for all deliveries and services shall be the registered office of the ordering company of STOELZLE, where all present and future claims of STOELZLE arising from contracts with the supplier are to be fulfilled.
15.2 All contracts with the supplier and all claims arising therefrom shall be governed by the substantive law applicable at the place of business of the ordering company of STOELZLE, excluding its conflict of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
15.3 For all present and future claims arising from contracts with the supplier, the exclusive jurisdiction of the court locally and factually responsible for the registered office of the ordering company of STOELZLE is agreed. However, STO is entitled to assert claims against the supplier also before the court locally and factually responsible for the supplier's place of business. At STO's option, all disputes arising from contracts with the supplier shall also be finally decided according to the Rules of Arbitration (Vienna Rules) of the International Arbitration Institution of the Austrian Federal Economic Chamber (VIAC) by a sole arbitrator appointed according to these rules. The language to be used in the arbitration proceedings shall be German, the place of arbitration shall be Vienna. The Supplier waives any right to challenge an arbitral award, on any grounds whatsoever, before an ordinary court or to seek its setting aside.
(16) Should individual provisions of the GTC be or become invalid in whole or in part, this shall not affect the remaining provisions and the validity of the GTC as such.