1. Scope and provider
1.1 These terms and conditions apply to business users (§14 German Civil Code) - hereafter: "business customers" -, who order products through the internet portal www.glaseinkauf.com
. The Glaseinkauf Online Shop is operated by Glasbläserei Vogel, Rottenbach 8 in 96523 Steinach, through its managing director Gerald Vogel. Our products are not destined for end-users, who are therefore not authorized to shop at the Scantec Online Shop.
1.2 Products for the purpose of these conditions are all items which Glasbläserei Vogel offers through the Glaseinkauf Online Shop.
1.3 The applicable version of the terms and conditions shall be the version which can be accessed through the Glaseinkauf Online Shop at the day when the order is placed.
2 Contract conclusion
2.1 An order placed by a business customer constitutes an offer to Glasbläserei Vogel to conclude a contract. Glasbläserei Vogel shall confirm receipt of the order via e-mail or with a written statement. This confirmation of receipt does not constitute an acceptance of the respective offer.
2.2 Acceptance of the offer by Glasbläserei Vogel may be expressed either by the delivery of the goods or by Glasbläserei Vogel confirming acceptance of the order in any other written form (e.g. by way of dispatch information sent via e-mail). With this acceptance, the contract is effectively concluded.
2.3 All entered order information will be displayed at the end of the order entry and prior to placing the order, with the possibility to modify any incorrect entries.
3 Delivery limitations and modifications
3.1 Unless expressly indicated otherwise, the products placed by Glasbläserei Vogel in the Glaseinkauf Online Shop are sold “while stocks last”. The presentation of the products is not contractual.
3.2 Due to rapid advances in technology, Glasbläserei Vogel reserves the right to deliver products which differ from the product description at the same price, provided that the performance characteristics and qualities described in the offer are attained or exceeded.
3.3 Where the ordered or an equivalent product is no longer available due to a supply shortage expected to last and which was not caused due to any fault of Glasbläserei Vogel , Glasbläserei Vogel may rescind from the contract. In this case, Glasbläserei Vogel shall inform the business customer immediately that a delivery is not possible. Where the purchase price has already been paid, it shall be refunded without delay.
4 Prices and shipping costs
The marked prices are final net prices. VAT and a shipping fee must be added as indicated in the Glaseinkauf Online Shop.
5.1 The goods can be paid by invoice, by paybal, by credit card, advance payment . Entering of the credit card number authorizes Glasbläserei Vogel to charge the purchase price to the credit card account indicated by the customer for that order. Your credit card will be charged if the order is completed. The payment terms by invoice are 8 days 2%Sconto; 21 Days netto.
5.2 Where business customers fall into arrears, Glasbläserei Vogel may charge interest in arrears at 8 percentage points above the base rate p.a. published by the German Central Bank at the time of the contract conclusion. Glasbläserei Vogel may claim any higher damages it has demonstrably incurred due to delay.
5.3 The business customer shall only be entitled to offsetting where counterclaims have been asserted with legal effect or where these are undisputed by Glasbläserei Vogel.
5.4 The business customer shall only be entitled to exercise retention rights to the extent that his counterclaim is based on the same contractual relationship and where it is undisputed or has been asserted with legal effect.
6.1 The products shall be delivered at the location indicated by the business customer as delivery address.
6.2 Glasbläserei Vogel is not obliged to any deliveries rendered impossible through force majeure. Any purchase price already paid shall be refunded without delay.
6.3 Glasbläserei Vogel may withhold performance where the required effort to fulfil the purchase contract would be disproportionate in view of the purchase contract content, while respecting the principles of good faith and the interests of the business customer.
6.4 Where the delivery of goods fails, Glasbläserei Vogel shall no longer be liable to deliver; any amounts already paid shall be refunded without delay by Scantec GmbH.
6.5 Where Glasbläserei Vogel does not deliver the goods or where it does not deliver them according to contract, the business customer shall grant Scantec GmbH a delay of two weeks in order to render the service. The business customer may only rescind from the contract once this delay has expired.
6.6 Orders with a weight exceeding 31.5 kgs shall be delivered by carrier. Glasbläserei Vogel herewith expressly states that such goods will not be carried into the house.
7 Proprietary rights
7.1 Glasbläserei Vogel reserves the proprietary rights in the delivered goods ("goods with reserved proprietary rights") until the purchase price has been paid in full.
7.2 In the ordinary course of business, the business customer may only sell goods with reserved proprietary rights against cash payment or with reserved proprietary rights. He may not dispose of such goods in any other way, including as security, pledge, in a sale of the entire stock or clearance sale.
7.3 The business customer herewith assigns his claims from the selling on of goods with reserved proprietary rights - including corresponding claims from cheques and bills - with all additional rights to us; the business customer may collect claims in his name on our behalf. Where goods with reserved proprietary rights are sold together with goods which we do not own for an overall price, the assignment shall only be in the amount which we charged him.
7.4 The business customer assigns all insurance- or other claims to us, which he may acquire due to a loss of or damage to the goods with reserved proprietary rights.
7.5 We accept all aforementioned assignments. At our request, the business customer shall provide us with a list of assigned claims and with all information and documents to facilitate their enforcement.
7.6 Where the business customer becomes insolvent or where an application for the opening of insolvency procedures in regard of his assets is filed, the business customer may no longer dispose of the goods with reserved proprietary rights and we may disclose the assignments of this business customer, rescind from the contract and demand the immediate surrender of the goods with reserved proprietary rights. In order to surrender the goods with reserved proprietary rights, the business customer shall store these goods separate from other goods of the business customer, mark them as our deliveries with reserved proprietary rights, refrain from any disposition in their regard and submit a list of the goods with reserved proprietary rights.
7.7 The business customer shall immediately notify Glasbläserei Vogel in writing about any third party access to goods with reserved proprietary rights or to claims assigned to Glasbläserei Vogel and shall assist Glasbläserei Vogel in any way possible with the assertion of its rights.
8 Return of products
Where Glasbläserei Vogel sells products to businesses which use these products for their commercial or self-employed activities, these businesses are not entitled to return these products. Where Glasbläserei Vogel nevertheless agrees to accept the return of such products, the business customer must return these in their original condition and in their original packaging which must be undamaged. The business customer shall carry the cost and risk for the return in this case.
9.1 Where a product does not have the contractual quality at the time of the passing of risk, Glasbläserei Vogel may choose whether to rectify the defect or to deliver a replacement product. Where Glasbläserei Vogel replaces parts, these become to the property of Glasbläserei Vogel without compensation.