Terms & Conditions
for the online shop at
operated by
Alexander Schallameier & Stephan Schallameier GbR
De Schallys
Hausnerstr. 157
85551 Kirchheim bei München
Germany
E-Mail: kontakt@deschallys.com
Phone: +49 160 6565549
– hereinafter referred to as: “Provider” –
1. Scope
These Terms and Conditions (T&C) apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter “Goods”) in the online shop at the above URL, in the version valid at the time of conclusion of the contract. These T&C apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 Orders are placed via the Provider’s online order form. After selecting the desired goods, entering all required information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in writing or in text form (e.g. by e-mail) and this confirmation reaches the customer, or when the Provider delivers the ordered goods and they reach the customer, or when the Provider requests payment (e.g. invoice or credit card payment during the ordering process) and this request reaches the customer. The decisive point in time is whichever of the above alternatives occurs first.
2.3 Before submitting a binding order via the Provider’s online order form, the customer may review their entries and correct them at any time using the standard keyboard, mouse, touch or other available input functions. In addition, all entries will be displayed once more in a confirmation window before the binding order is placed and can also be corrected there using standard input functions.
2.4 The Provider will store the contract text after conclusion of the contract and transmit it to the customer in text form (e.g. by e-mail). The Provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following language is available for conclusion of the contract: English.
3. Right of Withdrawal for Consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. Details are set out in the cancellation policy, which is made available to every consumer at the latest immediately before conclusion of the contract.
4. Payment and Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value added tax and are subject to any shipping costs shown. The customer will be informed about the available payment options in the Provider’s online shop.
4.2 If payment via PayPal is agreed, the purchase price becomes due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
5. Retention of Title
The purchased goods remain the property of the Provider until the purchase price has been paid in full.
6. Delivery and Reservation of Self-Supply
6.1 Unless otherwise agreed, delivery shall be made within the delivery times stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Collection of purchased goods by the customer is excluded.
6.3 If the Provider is unable to deliver the ordered goods because it was not supplied itself through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any payments already made by the customer will be refunded without delay. Mandatory consumer law remains unaffected by this provision.
7. Warranty
The statutory provisions on defect liability apply.
8. Liability and Indemnification
8.1 The Provider shall be liable without limitation:
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- on the basis of a guarantee commitment, unless a different arrangement has been made in this regard;
- on the basis of mandatory liability (e.g. under the Product Liability Act).
8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.
8.3 In all other respects, the liability of the Provider and its vicarious agents and legal representatives is excluded.
8.4 The customer shall indemnify the Provider against any claims by third parties – including the costs of legal defence at the statutory rate – asserted against the Provider due to unlawful or contractually non-compliant acts by the customer.
9. Data Protection
The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. For further information, please refer to the Provider’s Privacy Policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not deprive a consumer habitually resident in the EU of the protection afforded by mandatory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s registered place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. The Provider’s registered office can be found in the header of these T&C.
10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall not be affected thereby.
11. Information on Online Dispute Resolution / Consumer Arbitration
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found in the header of these T&C.