§ 1 Scope, Seller and Customers
(1) These General Terms and Conditions (“GTC”) of STEINBERG GmbH, hereinafter referred to as the “Seller”, apply to all contracts concerning the supply of goods and/or provision of services between the Seller and its customers (“Customer”), unless expressly agreed otherwise.
(2) These GTC apply irrespective of the sales channel through which a contract is initiated or concluded. In particular, they apply to contracts concluded through the Seller’s online shop or website, individual quotations, acceptance of quotations, purchase orders, order confirmations, email, telephone, other electronic communications or by any other means.
(3) These GTC shall become part of the contract provided that the Customer was informed of their applicability before or upon conclusion of the contract and had a reasonable opportunity to access and review them. Reference to these GTC may in particular be made in quotations, order confirmations, order documents or other business correspondence.
(4) Any conflicting, deviating or supplementary general terms and conditions of the Customer shall not form part of the contract unless the Seller expressly agrees to their application in text form.
(5) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside that person’s trade, business or independent professional activity.
(6) A business customer within the meaning of these GTC is any natural or legal person or partnership having legal capacity which, when concluding the contract, acts in the exercise of its trade, business or independent professional activity.
(7) Customers with a delivery destination in a Member State of the European Union other than Germany are additionally subject to the special provisions of § 9.
§ 2 Conclusion of Contract
(1) Product presentations, catalog information, price lists and other general information provided by the Seller do not, as a rule, constitute binding contractual offers unless expressly designated as binding.
(2) Individual quotations issued by the Seller shall be binding for the period of validity stated therein unless expressly designated as subject to change or non-binding. In such case, the contract is concluded upon timely acceptance of the quotation by the Customer.
(3) Where the Customer places an order or makes another contractual declaration without having previously received a binding offer from the Seller, such declaration constitutes a binding contractual offer by the Customer.
(4) Unless another acceptance period has been agreed, the Seller may accept the Customer’s offer within five business days
a) by sending a written or electronic order confirmation,
b) by delivering the ordered goods,
c) by providing the ordered service, or
d) by requesting payment from the Customer.
The earliest of these events shall determine the time of acceptance.
(5) In the online shop, the Customer submits a binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button completing the ordering process.
(6) In the event of any conflict between an individual quotation or order confirmation and these GTC, the individually agreed terms shall prevail.
§ 3 Prices and Payment
(1) The prices stated in the applicable quotation, order confirmation or online shop shall apply.
(2) Prices quoted to consumers shall include statutory VAT where applicable.
(3) Unless expressly stated otherwise, prices quoted to business customers are exclusive of statutory VAT and exclusive of agreed packaging, shipping, freight, customs, insurance and other ancillary costs.
(4) Unless otherwise agreed, the method and due date of payment shall be determined by the applicable quotation, order confirmation or invoice.
(5) Where advance payment has been agreed, the invoice amount shall be due immediately following conclusion of the contract and issuance of the invoice unless another payment period is stated.
(6) The Customer may set off claims only where such counterclaims are undisputed, finally adjudicated or arise from the same contractual relationship. Mandatory consumer rights remain unaffected.
§ 4 Delivery, Shipment and Transfer of Risk
