General Terms and Conditions

§ 1 General Information – Scope of Application
1. The following General Terms and Conditions apply to all business relationships between the company E-stahl GmbH, Gewerbegebiet, Im Schiffels 29, 55491 Büchenbeuren (hereinafter referred to as ‘E-stahl’, ‘we’ or ‘us’) and the customer. The version valid at the time of the conclusion of the contract is decisive.
2. Consumers within the meaning of these terms and conditions are natural persons who conclude a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legal care companies with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity. Outstanding general terms and conditions shall also apply to legal entities under public law or a special fund under public law. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
3. Any general terms and conditions that deviate from, contradict or supplement these terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed.

§ 2 Conclusion of the contract
1. The conditions for our goods are subject to change and non-binding. Our presentation of goods on the internet does not constitute an offer, but a non-binding invitation to the customer to place an order. Technical and other changes in form, colour or weight remain within the scope of reasonable reservation. The dimensions and weights stated by us in our website, brochures, advertising, etc. are approximations.
2. The order of a customer, whether private or commercial, constitutes a binding offer. This applies to all types of orders, in particular to orders placed or sent via the website. The entries for the electronic order can be changed, deleted or corrected at any time before the order is sent. The company E-stahl accepts these orders; this also applies in particular to the automatic acceptance of an order via the shop system. The company E-stahl makes it clear that the mostly automated confirmations of receipt do not explicitly constitute acceptance, but merely signal the receipt of the order and the corresponding processing. E-stahl will confirm an order, but also reserves the right to combine the declaration of acceptance of the offer made by the customer with the confirmation of receipt. An order confirmation (by email, fax or letter) to the customer or the sending of an invoice or the actual provision of the service is equivalent to a declaration of acceptance by E-stahl.
3. The purchase contract is only concluded when E-stahl sends the ordered product to the customer within 3 days, hands it over or confirms the shipment to the customer within 3 days with a second email, explicit order confirmation or sending of the invoice. In the case of advance payment, the contract is concluded when the bank details and payment request are provided. If, despite the due date for payment having passed, the consumer has not received payment from E-stahl within 10 calendar days of sending the order confirmation, even after a further request for payment, E-stahl shall withdraw from the contract with the result that the order shall lapse and E-stahl shall have no obligation to deliver. The order shall then be settled for the customer and E-stahl without further consequences. A reservation of the item for advance payment is therefore made for a maximum of 10 calendar days.
In the case of orders placed by companies, E-stahl is entitled to accept the offer of a contract contained in the order within 2 weeks. E-stahl is entitled to refuse to accept the order after checking the customer's creditworthiness. E-stahl is entitled to limit the order to a household quantity for consumers, and in all other cases depending on our stock at the time of the order.
4. If the ordered goods are not available because E-stahl has not received them from its supplier through no fault of its own, E-stahl may withdraw from the contract. In this case, E-stahl will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable goods are available or if the customer does not wish to be supplied with comparable goods, E-stahl will immediately refund to the customer any consideration already paid.
5. Customers will receive the entire contract text of the order (i.e. the overview of the ordered products, the payment information, the cancellation policy, the terms and conditions and information about E-stahl) with the delivery of the goods. In the case of electronic orders, E-stahl also sends the customer an order confirmation with an overview of the products ordered, the payment information, the cancellation policy and information about E-stahl to the e-mail address provided by the customer. If customers have registered in the E-stahl shop and placed their order there, they can view their placed orders in their profile area. In addition, E-stahl stores the contract text but does not make it accessible on the internet.
7. If E-stahl passes on the customer's offer to a third-party company, a corresponding note will be provided. The contract is then concluded directly between the customer and the third-party company under the above conditions. In this case, the customer has no claims against E-stahl for delivery and performance.
8. The timeliness of the service depends on the crediting of the account of E-stahl. (Timeliness clause).

§ 3 Retention of title
1. For consumers, we retain ownership of the goods until full payment of the purchase price. 
2. For customers who are companies, the following provisions apply to the retention of title:
E-stahl retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.
The customer is obliged to treat the goods with care during the period of retention of title. The customer must inform us immediately of any access to the goods by third parties, in particular of any enforcement measures and of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of any change of address. The customer must reimburse us for all damages and costs incurred as a result of a breach of these obligations and of any necessary intervention measures against access to the goods by third parties.
E-stahl is entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular if the customer defaults on payment. In addition, E-stahl is entitled to withdraw from the contract and demand the return of the goods if an obligation under clause 2 is breached and it is no longer reasonable to expect E-stahl to adhere to the contract.
The entrepreneur is entitled to resell the goods in the ordinary course of business. It hereby assigns to E-stahl all claims in the amount of the invoice amount that accrue to it against a third party as a result of the resale. E-stahl accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. E-stahl reserves the right to collect the claim itself as soon as the entrepreneur fails to properly fulfil his payment obligations to us and falls into arrears. The treatment and processing of the goods by the entrepreneur is always carried out in the name and on behalf of E-stahl. If the goods are processed, we acquire co-ownership of the new item in proportion to the value of the goods we supplied. The same applies if the goods are processed or mixed with other items that do not belong to us.

§4 Consumers have the following right of cancellation

Consumers have a right of cancellation under the following conditions, whereby a consumer is any natural person who enters into a transaction for purposes that are predominantly neither commercial nor their independent professional activity:

Cancellation policy
Right of cancellation

To exercise your right of cancellation, you must notify us (E-stahl GmbH, Gewerbegebiet, Im Schiffels 29, 55491 Büchenbeuren, Fax: 06543 / 81833-50, Tel: 0654 3 / 818 33 - 0, E-Mail: info@e-stahl.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. 
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 
We may refuse to make a reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. 
You bear the direct costs of returning goods that can be sent by parcel post. 
You also bear the direct costs of returning goods that cannot be shipped by parcel post. These costs are estimated at a maximum of approximately EUR 150.00.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Specimen cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
- To E-stahl GmbH, Gewerbegebiet, Im Schiffels 29, 55491 Büchenbeuren, Fax 06543 / 81833-50, E-Mail info@e-stahl.com: 
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper notifications) 
- Date
.............................
(*) Delete as applicable.

Exclusion of the right of cancellation
The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and whose production is either defined by an individual selection or stipulation by the consumer or that are clearly tailored to the personal requirements of the consumer.

§ 5 Payment
1. The price offered is binding. The price includes the statutory sales tax. Regarding an order placed over the Internet, the buttons selected there are solely decisive for the contractually agreed payment method with regard to the payment options listed there.
Prices are ex works or ex warehouse and do not include packaging. The prices for packaging and shipping, which are to be borne by the customer, are indicated separately and calculated accordingly. In particular, these depend on the respective product group for which the order is placed by the customer. Details can be found on our website. In exceptional cases, this can be done by separate agreement. The customer does not incur any additional costs when placing an order using remote communication (with the exception of the above). The customer can choose from the available payment methods during and before the ordering process. Customers will be informed separately about the available means of payment.
2. If payment is made by invoice on the basis of an individual agreement with the respective customer, the total invoice amount is due no later than 4 weeks after receipt of the goods; in other cases, 4 weeks after receipt of the invoice. After that, the customer shall be in default. The statutory rates for default interest shall apply. We reserve the right to prove and claim higher damages caused by default in individual cases. The timeliness of the payment shall be determined by the date on which the amount is credited to the account of E-stahl GmbH (timeliness clause).
3. The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by us, unless the customer's claims are based on defects in the goods. The customer may only exercise a right of rejection/right of retention if his counterclaim is based on the same contractual relationship. 

§ 6 Transfer of risk
For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon delivery, in the case of mail order purchases, upon delivery of the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the customer is in default of acceptance, the transfer is deemed to have taken place.

§ 7 Warranty
1. The warranty is determined by statutory provisions.
2. A guarantee exists for the goods delivered by us only if this has been expressly given. Customers are informed of the warranty conditions before the initiation of the ordering process.
3. Should we exceptionally deliver used goods, the warranty period is one year from delivery of the goods.
4. For customers who are companies, the following warranty conditions also apply:
In the case of companies, we initially provide a warranty for defective goods at our discretion, either by repair or replacement. Companies must immediately inspect the delivered goods for quality and quantity deviations and notify us in writing of recognisable defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to us in writing within a period of one week from the time of their discovery. Timely dispatch suffices to meet the deadline. The entrepreneur bears the full burden of proof for all eligibility criteria, in particular for the defect itself, for the period of time taken to discover the defect and for the timeliness of the notification of defects. For entrepreneurs, the warranty period is one year from delivery of the goods. 

§ 8 Limitation of Liability
1. The following exclusions and limitations of liability shall apply to E-stahl's liability for damages, without prejudice to the other statutory requirements for claims:
2. E-stahl shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
3. Furthermore, E-stahl is liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, E-stahl is only liable for foreseeable damage typical of the contract. 
4. E-stahl is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. 
5. The above limitations of liability do not apply to injury to life, limb and health, to a defect after the assumption of a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
6. Insofar as E-stahl's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. 

§ 9 Delivery and performance time
1. The stated delivery and performance dates are approximate dates. A binding agreement of delivery or performance dates requires the text form.
2. If the ordered product is not available because E-stahl has not been supplied with this product by its supplier through no fault of its own, E-stahl may withdraw from the contract. In this case, E-stahl will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if E-stahl does not wish to supply a comparable product, E-stahl will immediately reimburse the customer for any consideration already paid.
3. If not all ordered products are in stock, E-stahl is entitled to make partial deliveries at its own expense for customers who are entrepreneurs, provided this is reasonable for the customer.
4. Adherence to delivery periods and dates presupposes in all cases the timely provision of all documents to be procured by the customer, as well as permits, releases, etc., and the timely receipt of payments with regard to contractually agreed down payments. If these conditions are not met in time, the deadlines shall be extended accordingly. This shall not apply if E-stahl is responsible for the delay.
5. If deadlines and dates are not met for reasons other than those stated in Section 2, the customer, who is an entrepreneur, is entitled to set E-stahl a reasonable extension in text form; this must not be less than 3 weeks.
6. If the customer delays acceptance or if delivery is delayed for other reasons for which the customer is responsible, the customer shall bear the costs of any warehousing; this may also be with a third party. Further claims for damages remain unaffected.


§ 10 Data protection

The data protection provisions of the provider apply.

§ 11 Information on online dispute resolution
The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts. The customer can access the platform via the following link: 
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

§ 12 Final Clauses
1. The law of the Federal Republic of Germany shall apply. The language of communication between the customer and E-stahl and the contractual language is German. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their usual place of residence.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the district court of Simmern or the regional court of Bad Kreuznach, which is responsible for our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or usual place of residence is not known at the time the action is brought.
3. Should individual provisions of the contract with the customer, who is an entrepreneur, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the economic success of the invalid one.

As of: 01/11/2024