Our Terms of Business
The following GTC shall apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who completes a legal transaction for purposes that cannot be attributed to their commercial or independent business activity on the whole. An entrepreneur is a natural or legal person or partnership with legal capacity who is practicing their commercial or independent business activity when completing a legal transaction.
With regard to entrepreneurs, these GTC shall also apply to future business relations without this having to be pointed out to them again. If the entrepreneur uses any contradictory or supplementary General Terms and Conditions of Business, their scope is hereby objected to; they shall only become part of the contract if we have expressly consented to this.
2. Contractual Partner, Conclusion of Contract
The purchase contract shall be entered into with Schirm Oertel, Inh. Dorrit Gramke e.K..
Schirm Oertel – European Umbrellas
Tel: +49 421 12500
Fax: +49 421 1690896
Availability: weekdays from 10:00 a.m. to 19:00 p.m. Central European Standard Time (CET), 1 hour ahead of Greenwich Mean Time (GMT+1)
IBAN: DE53 2908 0010 0101 1674 00
SWIFT/BIC Code: DRES DE FF 290
Commercial Register: Local Court Walsrode HRA 200612
VAT Identification Number: DE 114 387 142
By offering the products in the online shop, we make a binding offer to conclude a sales contract for these items. You may initially place our products into the shopping cart without any obligation and change your shopping cart entries at any time prior to submitting your binding order by using the tools provided and explained for such purpose during the order process. A binding contract shall be concluded once you accept the offer for the goods contained in the shopping cart by clicking on the order button. You will again receive a confirmation by e-mail immediately after placing an order.
3. Contract language, contract text record
German and English are the languages available for concluding a contract.
We will save and store the text of a contract and shall send you the order data by e-mail.
4. Terms of Delivery
We only deliver orders by means of shipments. Unfortunately, collection in person of products is not possible.
Should all the ordered goods not be in stock we are entitled to make partial deliveries at our cost, insofar as this is not unreasonable for you. Should the delivery of the goods fail due to your fault despite three delivery attempts, we are entitled to withdraw from the contract. Any payments you have made will be refunded to you without delay. We have the right to withdraw from the contract if the ordered product is not available because we have not received the product from our supplier at no fault of our own. In such cases we will inform you without undue delay and, where appropriate, suggest delivery of a comparable product. If no comparable product is available or if you do not want to receive a comparable product, we will, if applicable, refund any payments you have made to you without undue delay.
5. Product prices
In effect are those prices valid at the time of ordering. The product prices noted on the product pages are in EURO and include the legally applicable VAT and other price components. Prices in other currencies are shown for illustration purposes only.
The stated product prices are subject to additional shipping costs. Details on the amount of shipping costs are stated in the offers. For customers from outside the European Union VAT is deducted during the order process. With deliveries to non-EU countries, additional customs, taxes and charges apply.
In the case of clerical or printing errors contained in our order confirmation, or should our prices be subject to technical transmission errors, we have the right of appeal. Any payments already made will be reimbursed to you immediately.
The following payment methods can be used in our shop:
If you choose the advance payment option, we will inform you of our bank details in the confirmation of order. As soon as the invoiced amount is received we will deliver the goods.
With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
7. Reservation of Ownership
The goods shall remain our property until payment in full.
This shall also apply to entrepreneurs: We shall reserve the ownership of the goods until all claims resulting from a current business relationship have been settled in full. You may resell the goods subject to reservation of ownership in the ordinary scope of business: you shall assign any claims resulting from the resale to the amount of the corresponding invoice amount to us, regardless of any combination or mixing of the goods subject to reservation of ownership with a new object, and we shall accept this assignment. You shall remain authorised to collect the receivables, but we may also collect the receivables ourselves if you default on your payment commitments.
8. Transport Damage
This shall apply to consumers:
If goods are delivered with obvious transport damage, please lodge a complaint regarding such defects with the delivery agent immediately, if possible, and please contact us straight away. The failure to lodge a complaint or contact us shall not result in any consequences concerning your legal claims or the enforcement of those claims, especially not with regards to warranty claims. However, you shall be assisting us in being able to validate our own claims toward the carrier or transport insurance company.
This shall apply to entrepreneurs:
The risk of accidental loss or accidental impairment shall be transferred to you, as soon as we have delivered the item to the forwarder, carrier or any other person or establishment intended to carry out the shipping. The obligation to inspect the goods and give notice of defects regulated in Art. 377 of the German Commercial Code shall apply among business people. In the event that you should default on such notification, the goods shall be considered to have been approved, unless it is a fault that was not recognisable during the inspection. This shall not apply if we have maliciously concealed the defect.
9. Warranty and Guarantees
All goods from our shop are subject to legal warranty law. The statutory warranty period is 2 years and starts with handing over the goods. During this period any faults that are under the statutory warranty obligation shall be repaired free of charge. Your warranty claims shall initially be restricted to supplementary performance. In the event that supplementary performance fails, you shall have the choice of a right to withdraw from the purchase contract or a reduction in the purchase price.
Customer service: You can reach our customer service for queries, complaints and notices of defects on weekdays from 10:00 a.m. to 19:00 p.m. Central European Standard Time (CET), 1 hour ahead of Greenwich Mean Time (GMT+1). Tel: +49 421 12500
For claims as a result of damage caused by us, our legal representatives or agents, we shall in any case be liable without limitation for
- Loss of life, physical injury or damage to health,
- Willful and grossly negligent breach of duty,
- Warranty promises, where agreed, or
- If covered under the scope of the German Product Liability Act.
In the case of a breach of essential contractual obligations which are indispensable for the fulfilment of the contract purpose and which the contractual partner must therefore be able to regularly rely upon, (cardinal obligations), due to slight negligence by us, our legal representatives or agents, the liability shall be limited to such damages that were foreseeable at the time of the conclusion of the contract, which have to be typically reckoned with. All further claims for damages shall be excluded.
11. code of conduct
We are subject to the following code of conduct::
12. Dispute Resolution
The European Commission provides a platform for the settlement of online disputes (OS platform) under the link http://ec.europa.eu/consumers/odr/. We are prepared to take part in extrajudicial arbitration proceedings in front of a consumer arbitration board. The Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible for this.
13. Product Presentation
We make every effort to maintain the accuracy of the data we present. Nonetheless, the colours used in the images could vary from those of the actual items. The presentation depends on the hardware being used, as well as the respective monitor settings. Please bear in mind as well that the wooden handles received, as natural products, may vary from those shown in terms of colour, patterns, and wood-grain.
14. Final Provisions
German law excluding the United Nations Convention on Contracts for the International Sale of Goods shall apply to the order, delivery and any claims resulting from them. With orders from customers abroad, the mandatory provisions or protection granted by case law in the respective country of residence shall remain unchanged and be applied accordingly.
If you are an entrepreneur, then German law shall apply with the exclusion of the UN Convention on the International Sale of Goods.
If you are a merchant in terms of the German Commercial Code, a legal entity of public law or of special fund under public law, the exclusive court of jurisdiction for all disputes resulting from contractual relationship between us and you is our place of business.