General Terms and Conditions of SCHOTT AG for the sale of glass straws via an online shop (as of 29 March 2019).
Section 1: Scope of Application
1. These Terms and Conditions apply to all contracts between SCHOTT AG, Hattenbergstraße 10, 55122 Mainz („SCHOTT“) and its customers for the purchase of glass straws via the SCHOTT-Webshop. They apply to private customers as well as to entrepreneurs, unless otherwise stipulated in Section 7 for entrepreneurs.
2. A private customer is a consumer, this means a natural person, who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB).).
3. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (§ 14 BGB).
Section 2: Conclusion of Contract
1. The offer in the Webshop is not a legally binding offer. By presenting the products, SCHOTT invites the customer to submit offers (orders). After completion of the product selection process, the customer receives a compilation of the products at the total final price, which is shown to private customers including the statutory sales tax and to entrepreneurs excluding it. The customer has the opportunity to check the compilation for correctness, in particular for price and quantity, and to correct it if necessary. He submits his offer by clicking on the button "Buy now”. SCHOTT confirms the receipt of the order by e-mail. With the exception of the payment method "PayPal", this confirmation does not represent an acceptance of the offer, but only informs about the receipt of the order. With the exception of the payment method "PayPal", the purchase contract is only deemed concluded upon the dispatch of the products. SCHOTT informs the customer by e-mail as soon as the products have been handed over to the carrier. For the payment methods "PayPal", the contract is concluded when the customer clicks on the button "Buy now".
2. Should individual products not be available, SCHOTT reserves the right to reject the order. Further, SCHOTT reserves the right to cancel its obligation, if the ordered products should no longer be available after conclusion of the contract. SCHOTT will without undue delay inform the customer and reimburse the received payment.
Section 3: Prices and Dispatch
1. The prices stated at the time of the order shall apply. They are total final prices including the statutory sales tax towards private customers and net prices plus the statutory sales tax towards entrepreneurs. Delivery costs and possible further costs are stated in the order form.
2. SCHOTT delivers to the destination, stated by the customer. The delivery can only take place inside the member countries of the European Union and of the EFTA.
3. SCHOTT notifies the customer of the delivery time and informs him immediately of any delays.
Section 4: Terms of Payment and Retention of Title
1. The purchase price is due upon delivery without any deduction. For the payment methods "PayPal", the purchase price is due upon conclusion of the contract.
2. The customer is authorized to pay the purchase price by PayPal, Credit Card, or Direct Debit. SCHOTT is entitled, depending on the result of a credit check and the order value, to limit the payment methods offered to the customer. Refunds are made via the payment method chosen by the customer.
3. For the payment method “credit card” SCHOTT accepts the providers Mastercard and Visa. The invoice amount will be reserved on the credit card on the day of the order and debited on the day the products are dispatched.
4. The products remain in the ownership of SCHOTT until the purchase price has been fully paid.
Section 5: Liability
1. SCHOTT is liable without limitation for intent and gross negligence as well as for damages resulting from the intentional or negligent violation of life, body or health.
2. SCHOTT is further liable without limitation for the breach of essential contractual obligations. Essential contractual obligations are those obligations on whose fulfilment the customer may trust. However, in the case of simple negligence, the liability is limited to the damage foreseeable and typical at the time of conclusion of the contract based of the circumstances known at that time.
3. The liability under any statutory Product Liability remains unaffected.
Section 6: Privacy
All personal data given by the customer, will only be collected, processed and used in accordance with the applicable data protection regulations. Details about the scope of processing of personal data of a customer may be taken from the data protection declaration of SCHOTT.
Section 7: Deviating Provisions for Entrepreneurs
1. Warranty claims of entrepreneurs become time-barred 12 months after delivery of the products. This does not apply to the extent they are claims for damages.
2. If the customer is an entrepreneur, this contract is subject to German Law, with exclusion of its rules on international private law and the UN Sales Law (CISG). In such a case, exclusive venue for all disputes arising from this contract is Mainz.
Section 8: Copyright
The content of the website, including texts, graphics, photos and illustrations, is the property of SCHOTT, its licensors or Content Provider. It is protected by copyrights and other rights. Reproduction, storage or processing of the content, especially the use of images or text material on websites such as eBay is prohibited.
Section 9: Final Provisions
1. Contract language is English.
2. In case a provision of this Agreement is or becomes invalid, the validity of the remaining provisions remains unaffected. The parties shall replace the invalid provision with such valid provision coming closest to the economic objective of the invalid provision.