Terms of service
Terms & Conditions
1) Scope
1.1 These Terms and Conditions (“T&C”) of Josef Schmitt Werkzeug GmbH (the “Seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (“Customer”) concludes with the Seller via the online shop. Differing terms of the Customer are not acknowledged unless explicitly agreed.
1.2 These T&C apply equally to contracts for the delivery of vouchers (physical or digital), unless expressly otherwise stipulated.
1.3 A “Consumer” is any natural person entering into a legal transaction for purposes which predominantly are outside his trade, business or profession. An “Entrepreneur” is any natural or legal person or partnership with legal capacity that acts in the exercise of his trade, business or profession when concluding the contract.
2) Conclusion of Contract
2.1 Product descriptions in the online shop are non-binding and do not constitute offers, but serve to submit an offer by the Customer.
2.2 The Customer may submit an offer via the online order form. By clicking the order button, the Customer places a legally binding offer for the goods in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days by either:
a) sending a confirmation in text form (e.g. email),
b) delivering the goods, or
c) requesting payment after the Customer’s order.
The contract is concluded at the moment one of these options occurs first.
2.4 If the Customer chooses a PayPal payment method, the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, subject to the PayPal terms. When the Customer pays via a PayPal method, the Seller accepts the offer upon the click of the order button.
2.5 Before submitting a binding order, the Customer can correct entries using standard keyboard and mouse functions.
2.6 Order processing and communication take place usually by email. The Customer must ensure the supplied email address is correct and can receive messages from the Seller.
2.7 The contract may be concluded in German or English.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further details are in the Seller’s withdrawal instruction.
3.3 The right of withdrawal also applies to Consumers whose residence is in a European Economic Area (e.g. Norway) or in Switzerland, provided the Seller offers deliveries there.
4) Prices and Payment
4.1 All prices are final prices in euros (EUR) and include statutory VAT. Shipping costs are shown separately before order submission.
4.2 For deliveries to non-EU countries (Switzerland, Norway), extra costs (customs, duties, bank charges) may apply and are borne by the Customer.
4.3 Available payment methods are shown in the online shop.
4.4 If the Customer selects a Klarna payment method, the transaction is handled via Klarna Bank AB (publ), Sweden, under its terms: https://helko1844.eu/zahlungsarten
5) Delivery and Shipping
5.1 Delivery is made to the address provided by the Customer, unless otherwise agreed.
5.2 If delivery fails for reasons the Customer is responsible, the Customer bears the costs (unless withdrawal is valid).
5.3 For Consumers, risk of accidental loss passes upon handover. If the Customer arranged the shipping carrier and the Seller did not name that carrier, risk passes when the goods are handed to the carrier.
5.4 The Seller may rescind the contract if he, despite concluding a concrete procurement transaction, is not supplied by his supplier without fault. The Customer is informed immediately; payments refunded.
5.5 Vouchers are delivered by email, download link or postal mail.
6) Retention of Title
The goods remain property of the Seller until full payment is made.
7) Defects / Warranty
7.1 Statutory warranty rights apply.
7.2 For used goods, the limitation period is one year from delivery, unless the defect was fraudulently concealed or damage claims are concerned.
7.3 For compensation claims, section 8 applies.
7.4 The Customer is asked to report visible transport damage at delivery and notify the Seller. Failure does not affect legal claims.
8) Liability
8.1 The Seller is fully liable:
- for intent or gross negligence,
- for injury to life, body or health,
- for guarantees,
- under mandatory law (e.g. product liability).
8.2 For negligent breach of essential contractual obligations, liability is limited to typical and foreseeable damages.
8.3 Otherwise liability is excluded.
8.4 The provisions also apply to agents and legal representatives of the Seller.
9) Repair Services
9.1 Repair services are carried out at the Seller’s premises or via qualified partners.
9.2 Statutory rights of the Customer remain unaffected.
10) Vouchers
10.1 Promotional vouchers (given away for marketing) are redeemable only within the stated period, non-cashable and non-interest bearing. Only one voucher per order.
10.2 Gift vouchers (purchased) are redeemable until the end of the third year after purchase. Remaining balance stays valid. Also applies to digital vouchers.
11) Applicable Law
11.1 German law applies, excluding UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice is valid only if it does not deprive them of mandatory protections of their home country.
11.2 The right of withdrawal remains unaffected.
12) Jurisdiction
If the Customer is a business entity or public law entity in Germany, the exclusive jurisdiction is the Seller’s place of business. For Customers outside Germany, the Seller’s courts may be used if the contract is related to their business activity.
13) Alternative Dispute Resolution
13.1 The EU online dispute platform is: https://ec.europa.eu/consumers/odr
13.2 The Seller is not obliged and not willing to participate in consumer arbitration proceedings but seeks amicable solutions.
14) Final Provisions
Should any provision of these T&C be invalid, the remainder stays effective.