General Terms and Conditions

1. Scope

a) These General Terms and Conditions (hereinafter referred to as “T&C”) apply in the version valid at the time of purchase and also apply to all future purchase agreements with companies if an offer contains an unambiguous reference to the inclusion of the T&C, even if they are not expressly agreed again at this point.

b) Terms and conditions that deviate from, complement or conflict with the present T&C will generally not become part of the contract, even if known, unless their validity is expressly agreed to.

c) All agreements made between us and our customer for the execution of the contract shall be set down in writing in the contract.

2. Conclusion of Contract

a) Our offers and all prices given are non-binding; they become binding only through our written order confirmation. Your order constitutes a legally binding offer to conclude a purchase contract. In our online shop for specialist retailers, contracts become binding when we send out an order confirmation by e-mail. An order acknowledgement constitutes no order confirmation, but simply confirms the receipt and content of your pending purchase order. We are entitled to accept the offer made in your order within 2 weeks after receipt and thereby to conclude the contract.

b) All weights and dimensions, drawings, explanations, descriptions and illustrations contained in product descriptions are customary approximations and therefore do not constitute any guarantee of these properties.

c) Subsequent changes (changes made after sample approval) at the request of the customer, including any resulting production stoppage, shall be charged to the customer.

d) When ordering via our online shop for specialist retailers, the order acknowledgement sent by e-mail allows you to check and save the terms of the contract before or at the time of conclusion. The associated T&C are available in reproducible form by following the link “Our T&C” before and at the time of conclusion. After conclusion, the text of the contract will not be stored separately by us; it will therefore not be accessible or available from us after conclusion.

e) For orders via our online shop for specialist retailers, you can correct any input errors – after having selected products and until checking out – by checking the corresponding “Remove” checkboxes. To accept the modification, you need to “refresh” the shopping cart. You can also correct item quantities by modifying the “Quantity” value and executing a “refresh” on the cart.

f) The conclusion of the purchase contract is subject to the proviso that we reserve the right to perform only partially or not at all in case of incorrect or improper self-delivery by suppliers. This only applies only in the event that STÄDTER GmbH is not responsible for the non-delivery, in particular if we have agreed a congruent covering transaction with our suppliers. In case a performance is not or only partly available, we will immediately inform the customer and refund without delay.

g) We reserve the right to correct prices on a case-by-case basis if exchange rate-related price adjustments become necessary and/or if raw material prices have changed up to the time of the order execution. If material costs or wages increase after confirmation of the order, we are likewise entitled to adjust prices in accordance with the cost increase occurred. The customer has the right to terminate the contract if the increase is more than 10% of the agreed price. However, the customer must reimburse any material and labour costs incurred until then.

h) The place of performance for all contractual and legal claims is generally the registered office of STÄDTER GmbH in Allendorf/Lumda, unless otherwise stated in the order confirmation.

i) The contract and communication language is German.

3. Terms of Delivery

a) All prices given in the price list are “net prices” to which all applying legal taxes must be added. All previous price lists become invalid with the publication of a new price list.

b) All prices quoted in our offers are without packaging, freight, postage and insurance costs unless agreed otherwise. The amount of these costs shall be determined in accordance with the information given in any given offer and will have to be paid in addition to the purchase price.

c) With regard to shipping costs, any uncertainties shall be at the expense of STÄDTER GmbH, so that the customer will always pay the lower shipping costs.

d) STÄDTER GmbH will choose the shipping method until expressly agreed otherwise.

e) STÄDTER GmbH is entitled to make partial deliveries, provided that this does not present substantial disadvantages to the customer. Any rights conferred by section 320 BGB (German Civil Code) are not affected.

f) In the case of distance selling, the risk of accidental loss and accidental deterioration of the sold goods will pass to the customer[TO1]  when the goods are handed over to the carrier.

g) first orders will only be delivered against advance payment.

4. Payment

a) STÄDTER GmbH offers the following payment options:

– Direct debit 4% discount
– Payment within 8 days of the invoice date 3% discount
– Payment within 30 days of the invoice date no discount
– Invoices below EUR 80.00 are not eligible for cash discounts  
– Cheques will not be accepted  

b) In case of advance payments, STÄDTER GmbH is not obliged to deliver the goods until the entire amount has been paid.

5. Retention of Title

a) STÄDTER GmbH reserves the right of ownership of the goods until all claims arising from the ongoing business relationship have been settled.

b) The customer is entitled to resell the purchased goods in the ordinary course of business; however, he assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim as arising from the resale to his customers or third parties, regardless of whether the goods have been resold without or after processing. The customer retains the right to collect this claim even after the assignment. Our right to collect the claim ourselves remains unaffected. We undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds, is not in default of payment and in particular has not applied for opening settlement or insolvency proceedings or ceases payment. However, if this is the case, then we can demand that the customer discloses all assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

c) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing, so that we can file suit pursuant to section 771 ZPO (German Civil Procedure Code). To the extent that the third party is not in the position to reimburse us all judicial and extra-judicial costs of proceedings pursuant to section 771 ZPO, the customer shall be liable to reimburse all losses incurred by us.

6. Warranty

a) The warranty period is 1 year from the delivery of the goods. This shall not apply if the purchased item is usually used for a building and has caused the defect. All limitation periods in the case of a delivery recourse according to sections 478, 479 BGB, as well as in case of claims for damages due to the loss of life, physical injury or health shall remain unaffected and fully in force.

b) Defects of special items that are known to the customer at the time of conclusion are excluded from the warranty.

c) The presentation of the goods does not include any guarantee of properties, but is intended solely as a description of performance.

d) Claims for defects cannot be made in case of insignificant deviations from the agreed quality and/or an insignificant impairment of usability. Tolerances customary in trade or the industry do not entitle the customer to a notice of defects. The customer has to accept delivery quantities that deviate up to 10% in either way. For plastic articles and similar products, a relatively small number of defective goods is unavoidable for technical reasons and a fraction of up to 5% of the total number of items is not objectionable, regardless of whether the defect occurred in processing or in die casting.

e) In case of a justified and timely complaint, we reserve the right to first attempt a subsequent performance of our choice, i.e. rectification of the defect or free-of-charge replacement of defective goods, which the customer has to return, by new contractual goods (replacement). Only after two failed attempts at rectification, the customer may, at his discretion, withdraw from the contract or demand a reduction.

7. Limitation of Liability

a) The following limitations of liability shall not apply in case STÄDTER GmbH is deemed responsible for injuries of the body, health or loss of life. In addition, they do not pertain to claims of the contractual partner from mandatory statutory regulations, as with product liability. This means that the limitation period will likewise not be shortened for claims for which liability is mandatory.

b) STÄDTER GmbH is not liable for injuries caused slightly negligently, insignificant violations of contractual obligations.

c) For damages caused by simple negligence, STÄDTER GmbH shall be liable to the extent that no cardinal obligation (e.g., with respect to purchase agreements: delivery of the goods purchased, transfer of ownership, full payment and acceptance by the buyer) has been violated, but limited to foreseeable, direct and typical damages, unless a greater damage can be proven.

d) The limitation of liability shall also extend to breaches of duty attributable to the vicarious agents of STÄDTER GmbH.

8. Corrections

a) The customer has to check corrected patterns for errors and return them with his declaration that they are ready for production. We are not liable for errors overlooked by the customer. Corrections and modifications demanded by telephone need a written confirmation.

b) Should the customer demand extensive changes or other corrections in excess of typical corrections after a corrected sample has been returned, these will be invoiced according to working hours and material consumption. In cases where sending a corrected pattern is not demanded, the liability for errors shall be limited to gross negligence. The production of a sample will be invoiced even if an order is withdrawn.

c) For significant deviations in the quality of the material procured on behalf of the customer, we are liable only up to the amount of our own claims against our suppliers. In such a case, we are freed from our liability if we assign our claims against the subcontractor to the customer.

d) For the variability and deviation of the material as well as for the quality of rubber linings, coatings, impregnation, etc., we shall be liable only to the extent that the material’s defects were recognizable through proper examination before using them. For colour reproductions by all kinds of printing processes, minor colour variations within the same edition and between hard proof and production prints can materialise; those are not considered to be legitimate reasons for a complaint.

9. Marking and Usage Rights

We reserve the right to place our company name on the back or on a suitable spot of the goods delivered. We also reserve the right to use articles produced on behalf of the customer as samples or for marketing purposes.

10. Data Collection/Data Protection

Collection, processing and use of personal data:    
You can visit our site without disclosing any personal information. We only store personally non-identifiable access data, such as the name of your Internet Service Provider or the referring website. We use this data solely to improve our offer, it permits no conclusion as to your person.

Personal data are only collected if you give it to us voluntarily in the course of your orders, when creating a customer account or when registering for our newsletter. Without your prior consent, we use your data solely for the purpose of order processing and fulfilment. After the full execution of the contract and full payment of the purchase price, your data will be locked against further use and deleted after storage periods provided by fiscal and commercial law, unless you have expressly consented to the further use of your data. If you subscribe to our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe. You can unsubscribe at any time.

Use of Cookies:                            
On several pages, we use cookies to make your visit of our website more attractive and to provide certain functions. Cookies are small text files that are stored on your computer. Most of the Cookies used by us are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies may remain on your computer and allow us to recognise your computer during your next visit (so-called persistent cookies). Our partner companies are not permitted to collect, process or use personal information on our site by setting cookies.

Disclosure of Personal Data:      
Your data will be passed on to a shipping company where this is necessary to effect the delivery of your goods. For the settlement of payments, your payment data will be forwarded to the appointed credit institute.

Credit Checks:                                          
If we pay in advance, we may obtain credit information based on mathematical-statistical procedures as provided by SCHUFA, 65201 Wiesbaden, to protect our legitimate interests. In this, your interests worthy of protection will be taken into account in accordance with the provisions of the law. We do not disclose your data to other third parties.

Right to Information:                                            
Germany’s Federal Data Protection Act (BDSG; Bundesdatenschutzgesetz) gives you a right to free information about your stored personal data, as well as a right to correction, blocking or deletion of these data.

Withdrawal of Consent:                      
You may have explicitly granted the following consent: We would like to point out that you can withdraw your consent at any time with future effect.

Consent to e-mail advertising:                    
I would like to regularly receive interesting offers by e-mail. My e-mail address will not be disclosed to other companies. I can withdraw this consent to use my e-mail address for advertising purposes at any time with future effect by clicking on the “Unsubscribe” link at the end of the newsletter.

Data protection contact:               
For any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as for the revocation of your consent, please contact by e-mail datenschutz@staedter.de.

11. Liability for Links

STÄDTER GmbH hereby expressly dissociates itself from all contents of linked pages or graphics and does under no circumstances adopt them as its own. All violations of effective laws, customs or morals that are brought to the attention of STÄDTER GmbH will immediately be ended by deleting the offending links, graphics, posts or other linked content.

12. Choice of Law

The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13. Court of Jurisdiction

If the contractual partner is a merchant or a legal entity of public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered place of business of STÄDTER GmbH in Allendorf/Lumda. This also applies if the contractual partner has no general place of jurisdiction in Germany or if his domicile or usual place of residence at the time of action is unknown. STÄDTER GmbH may opt to file legal action against contractual partners with a registered office or residence outside of Germany at their residence or place of business instead.

Payment and Delivery Terms

With the publication of this catalogue for specialist retailers, all previous price lists and offers are no longer valid!
All prices listed are net prices in EUR. The applicable statutory VAT will be charged separately! (Domestic only)

Domestic

Samples:                   
Samples are always invoiced according to the valid price list at their single unit price, plus shipping and packaging costs.

First orders:                         
The minimum order value for first orders is EUR 320.00 (net value of the goods). First orders will only be delivered against advance payment (3% discount) and with a pro forma invoice. The order will be automatically deleted if we do not receive a payment advice within 10 working days.

Terms of Delivery:                   
Minimum order value: EUR 80.00 net product value per order, plus shipping and packaging costs.
We will charge a handling fee of EUR 8.00 for orders below EUR 80.00 net goods value.            
From EUR 160.00 net goods value: plus shipping costs, incl. shipping packaging costs.   
From EUR 320.00 net goods value: shipping is free receiving station.

For organisational reasons, orders can currently not be modified or added to after placement.

Terms of Payment:  Within 8 days of the invoice date: 3% discount; within 30 days: net price; payment by direct debit: 4% discount.
All bank charges are charged to the customer!

Packaging Units:              
Orders can only be placed in the specified packaging units. It is not possible to order smaller quantities, your order will thus automatically be increased to the next unit tier. You will receive an order acknowledgement.

Price Marking:
Individual price marking will be charged based on the currently valid price list.

Custom Designs:
Generally Ex Works and only against 100% advance payment.

Return of Goods:
Please contact info@staedter.de.

Export              

Terms of Delivery

We will be glad to answer any of your questions. Get in touch!

 


 

 Zone 1

 Zone 2

 Zone 3

 Belgium · Denmark

 Luxembourg

 Netherlands

 Austria · Switzerland

 United Kingdom

 France · Italy Scotland   Wales

 Bulgaria · Estonia · Finland · Greece
 Ireland · Latvia · Lithuania · Malta · Norway
 Northern Ireland · Poland · Portugal · Romania
 Slovakia   Slovenia   Spain   Sweden
 Cyprus   Czech Republic   Hungary

  Mindestbestellwert (Erstbestellung)

 Minimum order value (first order)

 EUR 600.00

 EUR 800.00

 EUR 1,200.00

  Mindestbestellwert (Folgebestellung)

 Minimum order value (subsequent orders)

 EUR 150.00

 EUR 300.00

  EUR 500.00

  Versandverpackungs-Freigrenze

 Shipping packaging exemption limit

 EUR 300.00

 EUR 500.00

  EUR 800.00

  Frachtfreigrenze**

 Freight cost exemption limit*

 EUR 600.00

 EUR 800.00

 EUR 1,200.00

  Frachtkosten in % vom Warenwert bei
  Bestellung unterhalb der Freigrenze**

 Freight cost fraction in % of the value of goods
  for orders below the freight cost exemption limit**

 5 %*

 8 %

 10 %

  Versandverpackungskosten nach Aufwand

 Shipping packaging costs as accrued

 

* For Switzerland, at least EUR 25.00 (customs clearance)

Terms of Payment:
Delivery only against advance payment (3% cash discount) of net pro forma invoice. All bank charges are charged to the customer!

Fees:
Costs for preparing export papers and customs documents shall be borne by the customer.

For packaging units, complaints/return of goods and samples, see: Domestic shipments.

With the publication of this general catalogue, all previous price lists and offers are no longer valid! All prices given are net unit prices in EUR.

Terms of Payment:
Advance payment with pro forma invoice. Bank charges must be paid by sender.

Terms of Delivery:                      
Ex works Allendorf/Lumda, plus taxes and customs fees. Delivery within the EU by parcel service,
outside of Europe by forwarders (sea or air freight).

Packaging units:
We only deliver the indicated quantities.

Transport packaging:
Packaging costs are final and calculated at prime cost.

Delivery of samples:
Samples will be sold according to the price list, plus freight costs.

Registered office:
35469 Allendorf/Lumda (Germany)

** Ggf. zzgl. Inselzuschlag/Außengebietszuschlag des Paketdienstleisters. | Plus the forwarder’s island/overseas territories surcharge where applicable.

Bankverbindung / Bank Account:

Sparkasse Grünberg
Giessener Strasse 8
35305 Grünberg (Germany)

SWIFT: HELADEF1 GRU

IBAN:   DE38 5135 1526 0000 0108 68

             BLZ: 51351526 · Kto.-Nr.: 10868

Postbank Frankfurt
Eckenheimer Landstrasse 242
60320 Frankfurt (Germany)

SWIFT:  PBNKDEFF 500

IBAN:   DE16 5001 0060 0340 0946 00

             BLZ: 50010060 · Kto.-Nr.: 340 094 600

Volksbank Mittelhessen
Schiffenberger Weg 110
35394 Giessen (Germany)

SWIFT:  VBMHDE5F

IBAN:   DE88 5139 0000 0001 5145 04

             BLZ: 51390000 · Kto.-Nr.: 151 450 4