General Terms and Conditions
§1 Scope of Application
For the sale of movable goods by STAHLWERK Schweissgeräte Deutschland GmbH using this homepage as well as via the eBay trading platform, the following General Terms and Conditions shall apply, provided that no individual agreements exist.
§2. Applicable Law and Contract Language
The contract language is exclusively German. Another contract language must be expressly agreed upon. Such an express agreement cannot be made solely by an employee of STAHLWERK speaking with the customer in another language at the customer s request.
§3 Definitions
The terms Consumer and Entrepreneur used hereinafter correspond to the legal definitions in §§ 13 and 14 of the German Civil Code (BGB) in the version applicable since June 13, 2014.
§4 Conclusion of Contract
For the conclusion of a contract on eBay, the General Terms and Conditions of eBay apply exclusively. Specifically, the formation of the contract is governed by § 6 of the eBay GTC.
§5 Retention of Title
Delivered goods shall remain the property of STAHLWERK until the purchase price has been paid in full.
§6 Manufacturer s Warranty
Any warranty granted by the manufacturer of the goods remains unaffected by these General Terms and Conditions. Any manufacturer s warranty does not limit statutory claims.
§7 Statutory Right of Withdrawal
Any statutory right of withdrawal to which the customer may be entitled, in particular the right of withdrawal pursuant to § 312 g BGB in conjunction with § 355 BGB, remains unaffected by these GTC.
§ 8 Claims for Defects and Damages
8.1. Common Provisions for Contracts with all Customers, in particular Consumers and Entrepreneurs
In the event of injury to life, body, or health, in the case of gross negligence, intent, fraudulent concealment, or tortious liability, as well as for items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness, the statutory provisions shall apply without restriction.
If none of the above-mentioned cases apply, the statutory provisions shall be limited as follows:
Claims for a defect are limited to subsequent performance, price reduction, and withdrawal. Claims for damages are excluded, unless a withdrawal is not feasible for practical reasons. In this case, claims for damages shall be maintained to the statutory extent, but for entrepreneurs only to the extent that nothing to the contrary is stipulated below in b.
8.2. Restrictions for Contracts with Entrepreneurs
If you did not act exclusively or predominantly in the exercise of a commercial or self-employed professional activity when concluding the contract, the limitation period for claims for defects regulated in § 437 No. 1 and No. 3 BGB for the purchase of movable goods shall be one year after receipt of the goods, unless a case of § 438 para. 1 No. 1 or No. 2 BGB exists.
For purchase contracts concerning the aforementioned goods, the limitation period for the claims mentioned in § 437 No. 2 BGB shall be two years from receipt of the goods, unless a case of § 438 para. 1 No. 1 or No. 2 BGB exists.
Claims for damages due to simple negligence of a vicarious agent of STAHLWERK are excluded, unless STAHLWERK is not also at fault itself and the vicarious agent has not breached any duty, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal duties).
Claims for damages are limited to the damage typically arising in transactions of this kind.
§9 Place of Jurisdiction
The exclusive place of jurisdiction for all disputes between STAHLWERK and merchants, legal entities under public law, or special funds under public law within the meaning of § 38 para. 1 of the German Code of Civil Procedure (ZPO) shall be Bonn.
§10 Online Dispute Resolution pursuant to Art. 14 para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution at https: www.ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
§11 Storage of the Contract Text
11.1 Homepage.
We store the contract text and send you the order data by e-mail. You can view your past orders in the Login area if you have registered as a customer and logged in to the website with your access data.
11.2 eBay
We store the contract text and send you the order data by e-mail. You can also view your past orders separately on eBay in your account.
§12 Data Protection
You can find our complete data protection provisions on our homepage.
Controller for processing under GDPR
The controller within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Stahlwerk Schweissgeräte GmbH
Mainstraße 4
53332 Bornheim
We conduct our activities in compliance with the applicable legal provisions for the protection of personal data and data security. If you have any questions, you can contact our data protection officer:
Mannus Weiß
Keyed Bonn GmbH
m.weiss@keyed.de
www.keyed.de
12.1. What is personal data?
The term personal data is defined in the German Federal Data Protection Act and in the EU GDPR. According to this, it is any information concerning the personal or material circumstances of an identified or identifiable natural person. This includes, for example, your civil name, your address, your telephone number, or your date of birth.
12.2. Scope of anonymous data collection and processing
Unless otherwise stated in the following sections, no personal data is collected, processed, or used when using our websites. However, through the use of analysis and tracking tools, we learn certain technical information based on the data transmitted by your browser (for example, browser type/version, operating system used, websites visited by us including a_nd_data of stay, previously visited website). We evaluate this information for statistical purposes only.
12.3. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
12.4. Payment Service Providers
If you choose to pay with one of the online payment service providers we offer during your order process, your contact data will be transmitted to them as part of the order thus triggered. The lawfulness of the data transfer results from Art. 6 para. 1 sentence 1 lit. b GDPR, for the execution of the payment method you have chosen, as well as our legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR to enable a user-friendly and uncomplicated payment process.
[The list of payment providers and links has been kept as in the original]
12.5. Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject.
As soon as the purpose of storage no longer applies or a storage period prescribed by the aforementioned regulations expires, the personal data will be routinely blocked or erased.
12.6. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
[Sections 12.6.1 to 12.6.10 describing the rights of the data subject (Right of access, to rectification, to restriction of processing, to erasure, to notification, to data portability, to object, to withdraw consent, automated individual decision-making, right to lodge a complaint) are translated maintaining the structure and legal content of the original text.]
12.7. Duration of storage of personal data
Personal data will be stored for the duration of the respective statutory retention period. After expiry of the period, the data will be routinely erased, unless there is a necessity for the initiation or fulfillment of a contract.
12.8. Security
We have taken extensive technical and operational precautions to protect your data from accidental or intentional manipulation, loss, destruction, or access by unauthorized persons. Our security procedures are regularly reviewed and adapted to technological progress. Furthermore, data protection is continuously guaranteed by constant auditing and optimization of our data protection organization.
Stahlwerk Schweissgeräte GmbH reserves all rights to make changes and updates to this privacy policy. This privacy policy was created on 01.02.2019 by Keyed Bonn GmbH.
§13 Warranty Conditions
STAHLWERK Schweissgeräte Deutschland GmbH grants all customers who purchase electronic welding machines of the Stahlwerk brand directly from STAHLWERK Schweissgeräte Deutschland GmbH a seven-year durability guarantee within the meaning of § 443 BGB in addition to the statutory claims for defects under the German Civil Code (BGB), in accordance with the following warranty conditions.
13.1 Guarantor
The guarantor is the company:
[Contact details of Stahlwerk]
The guarantee must be asserted against the guarantor.
13.2 Personal Scope
The guarantee applies equally to entrepreneurs and consumers.
13.3 Territorial Scope
The guarantee is valid worldwide.
13.4 Material Scope
The seven-year guarantee applies only to electronic welding machines, plasma cutters, car battery chargers, filter cartridges for welding helmets, and air compressors of the STAHLWERK brand delivered by STAHLWERK Schweißgeräte Deutschland GmbH from January 1, 2020. For devices delivered by STAHLWERK Schweißgeräte Deutschland e. K. up to December 31, 2019, the previous five-year guarantee continues to apply, which has the same content as the current seven-year guarantee, except for the shorter guarantee period.
13.5 Technical Scope
The guarantee extends to all components located inside the device housing. In particular, it refers to the circuit board and the inverter. It does not extend to the housing and its external components and connection parts, such as the hose package or the earth clamp. It also does not extend to supplied accessories that are not used inside the device.
13.6 Content of the Warranty Claim
The guarantee grants a claim for free repair of any damaged parts covered by the guarantee.
13.7 Right of Subsequent Delivery
STAHLWERK Schweissgeräte Deutschland GmbH is entitled to deliver a new device instead of repair.
13.8 Right of Replacement for Discontinued Models
If a device of the same construction is no longer distributed by STAHLWERK Schweissgeräte Deutschland GmbH or the manufacturer of the device at the time the warranty claim is made, STAHLWERK Schweissgeräte Deutschland GmbH is entitled to deliver to the customer, in fulfillment of their warranty claim, a non-identical device that is equivalent or of higher value and fully meets the technical requirements of the device. For equivalence, the replacement value at the time of the warranty claim is not decisive, but the value at the time of purchase.
13.9 Exclusion of Further Claims, especially for Damages
No further claims arise from the guarantee. In particular, there are no claims for damages, and especially not for the compensation of consequential damages.
13.10 Duration and Commencement of the Guarantee
The guarantee period is seven years and begins upon receipt of the goods. Example: Receipt of goods on June 30, 2020. Start of guarantee period: June 30, 2020. End of guarantee period: June 29, 2027.
13.11 Relationship to Statutory Claims
The guarantee applies in addition to the statutory claims for defects. These are not restricted in any way by the guarantee.
13.12 Assertion
The guarantee must be asserted by sending the repair request in text form to STAHLWERK Schweissgeräte Deutschland GmbH and by sending the device to STAHLWERK Schweissgeräte Deutschland GmbH. To meet the guarantee deadline (= end of the guarantee period, see section 10 above), receipt of the repair request in text form within the guarantee period is sufficient, provided that the goods are subsequently received by STAHLWERK Schweissgeräte Deutschland GmbH within one week after the end of the guarantee period.
13.13 Shipping Costs
The customer shall bear the costs of shipping to STAHLWERK Schweißgeräte Deutschland GmbH. STAHLWERK shall bear the costs of the return shipment from the manufacturer STAHLWERK Schweißgeräte Deutschland GmbH to the customer.
If the buyer s registered office at the time of the warranty claim differs from their registered office at the time of purchase, and if the registered office at the time of the warranty claim is not in a member state of the European Union, Norway, or Switzerland, Stahlwerk shall only bear the costs of the return shipment that would be incurred if a return shipment were made to the buyer s registered office at the time the purchase contract was concluded. For the additional costs, Stahlwerk may make the return shipment dependent on prior reimbursement by the buyer.
13.14 Exclusion of Warranty
The guarantee is excluded if the defect was caused by improper handling of the device. The guarantee is excluded in particular if the defect is due to the customer not observing the instruction manual or having carried out repair work inside the device themselves. The guarantee is also excluded if the defect was caused by an accidental external event.
