Table of contents
§ 1 Scope of application
§ 2 Conclusion of contract
§ 3 Payment and delivery
§ 4 Cancellation policy for consumers
§ 5 Acceptance, acceptance
§ 6 Retention of title
§ 7 Payment, default
§ 8 Liability
§ 9 Offsetting / assignment
§ 10 Final provisions
(1) The user of these General Terms and Conditions (GTC) is
HW Pickardt eK
Koenigstr. 156 B
Information about the company according to § 5 TMG: Authorized to
represent: Adolf Meister
Sales tax identification number: DE 153 186 032 General
management and responsible according to § 10 (3) MDStV:
Tel .: 0049-2191-71959
(2) These terms and conditions apply to all our offers, deliveries and services to our customers).
(3) Other terms and conditions and purchasing conditions of our customers do not apply and are not accepted, even if we do not expressly contradict them.
(4) There are no verbal agreements.
- 2 conclusion of contract
(1) Contracts are concluded in German or English.
(2) The presentation of the products in our online shop are only non-binding requests to submit offers. You only make a binding offer for the goods previously placed in your shopping cart when you click the “Buy now” button on the order confirmation page (“Review”). We will notify you of the receipt of your order with a confirmation of receipt. This confirmation of receipt still represents
does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. The purchase contract is only concluded when an order confirmation is sent or the item you have ordered is sent. We can accept your offer by sending an order confirmation by email or by delivering the goods within 2 days. A contract is only concluded with this acceptance.
(3) Before you send your order in our online shop, you will be shown all the details of your order as well as the data you have entered in a final “verification” step. If you discover input errors during your check, you can correct them in this order step.
(4) The data of the order are saved by us and sent to the customer by email with the confirmation of receipt after the order has been completed. Our customers can view the data of already placed orders in their user account at any time after registering in our shop.
(5) Contracts concluded with us for the delivery of goods have no (minimum) terms and therefore do not require any termination.
(6) The essential characteristics of the goods offered by us as well as the period of validity of any limited offers can be found in the individual description of the goods.
(7) The prices at the time of the order apply. You can find out the period of validity of our limited offers wherever they are displayed in the shop. Despite careful stocking, it can happen that a promotional item is sold out faster than expected.
(8) Our prices are net prices excl. VAT. They are ex works or the dispatch station specified by us (excluding packaging and shipping costs). For delivery within Germany, we charge a flat rate of EUR 7.00 per order.
(9) For deliveries to non-EU countries, additional duties and fees and, if applicable, apply. Import sales tax. Further information can be found on the Internet portal of the European Commission at: http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=de and especially for Switzerland at http://xtares.admin.ch /tares/login/loginFormFiller.do
(10) Any special transport costs due to delivery difficulties, unloading costs and costs of possible downtimes must be borne by the customer. The customer must convince himself that the ordered goods can pass through stairwells, doors and the like. can be transported. The customer has to bear the costs of any necessary cranes and other lifting devices.
§ 3 Payment and Delivery
(1) The price of the goods can be paid in advance, by PayPal, cash on delivery or (by arrangement) against an invoice. The customer can select the payment method during the ordering process.
(2) If, in exceptional cases, certain goods are not available, we undertake to inform you of the unavailability of the item before accepting the order.
(3) Cost-bearing agreement when exercising the right of withdrawal.
You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 50.00 euros, or if you have not yet received the goods at a higher price at the time of cancellation Have provided consideration or a contractually agreed partial payment.
(4) Bank fees: Each contractual partner pays for the bank fees it incurs.
4 cancellation policy for consumers
right of cancellation
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph
1 sentence 1 BGB in connection with Article 246 § 3 EGBGB.
The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
HW Pickardt e. K.
Koenigstrasse 156 B
VAT ID No .: DE 153186032
Register court: Wuppertal
Consequences of cancellation
In the case of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 50 euros or if you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt. if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 50 euros or if you have not yet made the consideration or a contractually agreed partial payment in the case of a higher price of the goods at the time of cancellation. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt. if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 50 euros or if you have not yet made the consideration or a contractually agreed partial payment in the case of a higher price of the goods at the time of cancellation. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
End of the cancellation policy § 5 Acceptance, takeover
Customary deviations as well as excess or short deliveries customary in the industry are permissible and do not constitute a defect. For weights, the weight determination carried out by the manufacturer (e.g. weighing slip) is decisive
Reservation of Title
(1) The delivered goods remain our property until our purchase price claims have been fully met, including any ancillary claims.
(2) The customer is not entitled to resell our reserved goods.
- 7 Payment, default
(1) In the event of non-compliance with the terms of payment or in circumstances that become known to us after the conclusion of the contract and which call the creditworthiness of the customer into question (e.g. an application to open insolvency proceedings against the customer's assets, the initiation of out-of-court debt settlement proceedings, a Suspension of payment or other circumstances that significantly reduce the creditworthiness of the customer) and through which our counter-performance claim is jeopardized, we are entitled to make all claims due with immediate effect and to carry out outstanding deliveries and services only against advance payment or security.
(2) If we make advance payments (e.g. when agreeing to direct debit or purchase against invoice), we may obtain credit information on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests.
For this purpose, we transmit the personal data required for a credit check to these credit agencies and use the information received about the statistical probability of default in payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes address data, among other things. Your concerns will be considered in accordance with the statutory provisions.
(3) Payments are made free of charge for the payee. They are only to be paid to the account specified on the invoice.
(4) We are entitled to assign the claims due to us from the business relationship with our customers to third parties, provided that the assignment of a claim is not excluded by law.
- 8 liability
(1) Unless otherwise stated in the following paragraphs, we grant our customers the statutory warranty rights. We do not offer customer services and guarantee rights that go beyond the statutory warranty rights.
(2) With the exception of injury to life, limb and health and the breach of essential contractual obligations, which make the execution of the contract possible and on the fulfillment of which the customer can therefore rely (cardinal obligations), our liability is for damage caused intentionally or grossly negligent behavior are limited. Liability under the ProdHaftG remains unaffected.
(3) Our liability is the amount with the exception of damage from injury to life, body and health, in cases of willful or grossly negligent behavior as well as the breach of essential contractual obligations that make the execution of the contract possible and, therefore, the customer's fulfillment may trust (cardinal obligations), limited to the typically foreseeable damage when the contract is concluded. Liability under the ProdHaftG remains unaffected.
(4) The above limitations of liability also apply in favor of our employees and other vicarious agents.
- 9 Offsetting / assignment
Offsetting is excluded, unless the counterclaim is undisputed, legally established or recognized by us. The customer is only entitled to assign claims against us to third parties with our consent.
10 Final provisions
(1) The law of the Federal Republic of Germany applies. The application of the uniform sales laws in the Hague Sales Convention is excluded.
(2) Should any provision of these terms and conditions be or become ineffective, this shall not affect the validity of the rest of the contract.
General terms and conditions of MySteelstamp.com
as of 01.01.2023