Terms and Conditions - Schaffer Collection

General terms and conditions for private customers

§ 1 Validity, definitions of terms

(1) La Floristeria, Manuela Gebert, Herbsheimer Str. 9, 77948 Friesenheim, Germany (hereinafter: “we” or “Schaffer Collection”) operates an online shop for goods on the website https://schaffer-collection.de . The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following regulations regarding the conclusion of the contract apply to orders via our online shop at https://schaffer-collection.de.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online shop. The order takes place in the following steps:

Selection of the desired goods,
Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
Checking the information in the shopping cart,
Call up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”, “Go to order overview” or similar),
Entering/checking the address and contact details, selecting the payment method, confirming the general terms and conditions and cancellation policy,
If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
Complete the order by pressing the “order now with payment” button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days to the email address provided.

(4) If the contract is concluded, the contract is concluded with La Floristeria, Manuela Gebert, Herbsheimer Str. 9, 77948 Friesenheim, Germany.

(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place via email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the ordering process early, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject of the contract and essential features of the products

(1) The subject of the contract in our online shop is:

The sale of goods. You can find the specific goods on offer on our article pages.

(2) The essential features of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the item description (negative quality agreement). To the extent that the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
Please note that for deliveries to non-EU countries, e.g. Switzerland, Norway etc., additional duties and fees may be charged by customs authorities and delivery services in the delivery country.

(2) The respective purchase price is before delivery
payment of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 2-4 days if in stock after receipt of payment).

(5) If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will not issue a declaration of acceptance. A contract is not concluded in this case.
(6) If the product you specified in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
(7) The following delivery area restrictions apply: Delivery takes place in the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia, Monaco, Andorra, San Marino, Vatican City, Liechtenstein, Switzerland, Albania, Bosnia-Herzegovina, Great Britain, Iceland, Macedonia, Moldova, Republic of Montenegro, Norway, Serbia.

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is based on our Revocation Instructions.

§ 7 Contract language

As contract language german will be available exclusively.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for any resulting property and financial damage is limited to the damage that is typically foreseeable in the contract limited. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in Section 3.

§ 9 Warranty

(1) The warranty is based on the legal provisions.

(2) As a consumer, you are asked to immediately check the item/digital goods or the service provided upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as quickly as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

(3) For entrepreneurs, the warranty period for items delivered by us is 12 months.

§ 10 Final Provisions / Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer’s country of habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

(5) The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.

General terms and conditions for business customers

§ 1 Validity, definitions of terms

(1) Rudolf Schaffer Collection GmbH & Co. KG, Im Mittelfeld 8, D-76135 Karlsruhe, Germany (hereinafter: “we” or “Schaffer Collection”) operates an online shop for goods on the website https://schaffer-collection.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Entrepreneur” is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the ability to acquire rights and incurring liabilities.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following regulations regarding the conclusion of the contract apply to an inquiry via our product configurator at https://schaffer-collection. de/konfigurator/ or for an inquiry via our specialist retail shop.

(2) Sending a request via our configurator or our specialist retail shop does not result in the conclusion of a contract. You will first receive a non-binding offer from us, which you can download from your customer account.

(3) The following steps are necessary to create an inquiry via our configurator and receive a non-binding offer from us:

First select a basic product that you would like to configure (configurator step 1).
Select the version (e.g. size, color) of your basic product as well as the number of products (configurator step 2)
Then select a personalization option and its color (configurator step 3; optional).
If the personalization option you chose in step 2 allows this, you can now upload your logo in step 3 and choose its color (configurator step 4).
In the next step you can enter your contact details. For registered existing customers, this data is pre-filled and can be changed (configurator step 5).
In the last step you can check all your entries again and send your request.
We will check your request immediately and make you an offer, which we will provide to you in your customer account.
As soon as the offer is available to you, you will receive an automatic notification from us by email.

(4) The following steps are necessary to create an inquiry via our specialist retail shop and receive a non-binding offer from us:

First register as a specialist retailer so that the specialist retail shop is activated for you. The prerequisite for effective registration as a specialist dealer is the submission of suitable evidence in the form of a valid trade license.
First select the products you are interested in and add them to the shopping cart.
Once you have placed all products in your shopping cart, please navigate to the checkout.
As this is just a request, payment is not necessary here. The shipping costs are also not taken into account here. You can get these in our offer.
You can now check all the information again and then send your request.
We will check your request immediately and make you an offer, which we will provide to you in your customer account.
As soon as the offer is available to you, you will receive an automatic notification from us by email.

(5) If the offer is accepted in writing or by telephone, the contract with Rudolf Schaffer Collection GmbH & Co. KG, Im Mittelfeld 8, D-76135 Karlsruhe, Germany.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation notice

Instructions are sent via email after you place your order, partly automated. We do not save the contract text after the contract has been concluded.

(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the ordering process early, closing the browser window and repeating the process.

(8) All prices and price ranges displayed in the configurator are for your guidance only and do not include shipping costs. You will receive the actual price in the offer.

§ 3 Subject of the contract and essential features of the products

(1) The subject of the contract in our online shop is:

The sale of goods. You can find the specific goods on offer on our article pages.

§ 4 Prices, shipping costs and delivery

(1) Our prices are ex warehouse Karlsruhe. In addition, there is the VAT at the statutory rate applicable on the day of delivery. In addition, within Germany we charge freight costs of €8 for goods with a net value of up to €500; for goods with a net value of €500 or more we deliver free of charge within Germany. There are generally no separate costs for packaging. The delivery of goods abroad is generally not free of charge; shipping is calculated based on costs.

(2) Our invoices are payable net within 30 days of the invoice date at the latest. Once this period has expired, the consequences of default immediately apply.
We only grant a 2% discount if payment is made within 10 days of the invoice date, provided that there are no other payment obligations to us and payment is not made by bill of exchange.
All of our claims become due immediately if the buyer stops making payments, is over-indebted, has filed an application for the opening of composition or bankruptcy proceedings against his assets or other circumstances come to light that significantly affect his creditworthiness. In the event of justified doubts about solvency, we can make our delivery dependent on prior payment. For new customers, the first delivery is generally only made against advance payment.
In the event of late payment, we have the right to demand interest, although we reserve the right to assert further damages caused by default. The interest rate is 9% above the base interest rate.
Invoice deductions by the buyer are only permitted if we have issued credit notes.
The buyer can only offset counterclaims if his claims have been recognized by us or have been legally established.
The buyer can only assert a right of retention if his claim has been recognized by us or has been legally established. In addition, any claim against us may only be assigned to third parties with our written consent.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 2-4 days if in stock after receipt of payment or after receipt of the order if purchased on account).

(6) If the product you specified in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Contract language

As contract language german will be available exclusively.

§ 7 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.

§ 8 Warranty

(1) The warranty is based on the legal provisions.

(2) For entrepreneurs, the warranty period for items delivered is 12 months.

(3) If the purchaser is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the assertion of the statutory warranty rights requires that he has fulfilled his obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). In this case, notification of defects must be made at least in text form within a deadline of 14 days from receipt of the goods.

§ 9 Final Provisions / Dispute Resolution

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.