General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Andrea Lütkemeier) via the
website schwabenmax.de. Unless otherwise agreed, the incorporation of any information you may have used will be
of its own terms and conditions.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are
can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any
Natural or legal person or a partnership with legal capacity who, when entering into a legal transaction in the exercise of his or her
independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we submit a binding offer to purchase the product.
Conclusion of a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can
You can call up the "shopping basket" and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you will be shown the
Finally, the order data is displayed as an order overview.
Insofar as you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a method of payment, you will be
either to the order overview page in our online shop or to the website of the provider of the instant payment system.
forwarded.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there.
Finally, on the website of the provider of the instant payment system or after you have returned to our online shop, you will be given
the order data is displayed as an order overview.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also
via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with costs" or similar designation) you declare
legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you for this purpose in
Text form (e.g. by e-mail), which you accept within 5 days (insofar as no other period is stated in the respective offer).
can.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall take place
by e-mail is partly automated. You must therefore ensure that the e-mail address you have left with us is correct,
the receipt of the e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the
online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications, if any, on
file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to the use of names,
trademark rights) or violate any existing laws. You expressly release us from any and all liability arising from this
claims asserted by third parties in this context. This shall also apply to the costs of the necessary legal action in this context.
legal representation.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full.
before. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign all claims in the amount of
of the invoice amount accruing to you from the resale to us, we accept the assignment. You are further entitled to
collection of the claim. Insofar as you do not duly meet your payment obligations, we reserve the right to
however, reserves the right to collect the claim itself.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods.
of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities does not exceed the value of our claims.
collateral exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as you are informed of this by us before submitting the contractual declaration and this is expressly and separately
If the contracting party has agreed that used goods are defective, claims for defects are excluded if the defect only becomes apparent after the expiry of one year.
from the delivery of the goods. If the defect becomes apparent within one year of delivery of the goods, the defect claims can be asserted in the
within the statutory limitation period of two years from delivery of the goods. The aforementioned
Restriction does not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of
other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
Check for transport damage and notify us and the carrier of any complaints as soon as possible. Do not comply with this,
this has no effect on your statutory warranty claims.
(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you have notified us in advance of the deviation.
of the contract declaration by us and the deviation has been expressly and separately notified to us.
agreed between the contracting parties.
(5) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, not
but other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails,
you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects is valid after the unsuccessful second
attempt shall be deemed to have failed, unless the nature of the goods or the defect or other circumstances in particular indicate otherwise.
results otherwise. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a
place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of
other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and whose defectiveness
have caused;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not violate the law of the Federal Republic of Germany.
of the State of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Andrea Lütkemeier
Hölderlinstrasse 17
73072 Donzdorf
Germany
Phone: 071626019512
E-mail: info@schwabenmax.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations "Formation of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract will not be stored by us. Before submitting the order via the online shopping cart system
the contract data can be printed out or electronically saved via the browser's print function. After receipt of the
When you place an order with us, the order data, the information required by law for distance contracts and the General Terms and Conditions of Business are transmitted to us.
Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data within the scope of a binding
offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all
Price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They are to be paid via a correspondingly designated button on
of our Internet presence or in the respective offer, are shown separately in the course of the ordering process and are excluded by
The customer shall bear the additional costs unless free delivery has been agreed.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as
e.g. customs duties, taxes or money transmission fees (transfer or exchange rate fees of the credit institutions), which have to be paid by you.
are worn.
5.4 Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of the credit institutions) shall be borne by you in the following cases
where the delivery is made to an EU Member State but the payment was initiated outside the European Union.
5.5 The methods of payment available to you are shown under a correspondingly designated button on our
The price is shown on the website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract shall be due immediately.
due for payment.
6. delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods shall be borne by you.
sold during shipment shall not pass to you until the goods have been handed over to you, irrespective of whether the shipment has been
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur.
or any other person appointed to carry out the dispatch.
If you are an entrepreneur, delivery and shipment shall be at your risk.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are
permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the
case of warning letters. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
last update: 01.01.2022