Terms and Conditions
SCHALLENKAMMER® MAGNETSYSTEME GmbH, represented by the managing directors Claus Schmidt, Wachtelberg 30, 97273 Kürnach, (hereinafter referred to as SCHALLENKAMMER) offers its customers a comprehensive portfolio of fixed and flexible permanent magnets for technical and organizational applications.
§ 1 General, scope of application, amendments
(1) The following terms and conditions conclusively regulate the contractual relationship between SCHALLENKAMMER and the respective customer and apply exclusively. This means that any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognized unless SCHALLENKAMMER has expressly agreed to them in individual cases.
(2) These General Terms and Conditions apply exclusively to entrepreneurs. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when placing an order.
(3) SCHALLENKAMMER reserves the right to change the General Terms and Conditions at any time without giving reasons. In this case, SCHALLENKAMMER will inform the customer at least four weeks before the change comes into effect and send him the amended terms and conditions. If the customer does not agree to the amended terms and conditions within two weeks of receipt of the notification of amendment, SCHALLENKAMMER shall be entitled to terminate the contractual relationship concerned at the point in time at which the amended terms and conditions are to come into force or to continue under the previous conditions.
(4) In the event of conflicts within the contractual relationship between the parties, the following order of precedence shall apply:
a) individual agreements
b) these General Terms and Conditions
c) the statutory provisions.
§ 2 Conclusion of contract, subject matter of the contract
(1) The subject matter of the respective contract is the sale of goods by SCHALLENKAMMER to the customer.
(2) The purchase contract can be concluded in various ways:
a) The customer can place an order for the goods via the SCHALLENKAMMER website https://www.schallenkammer.de/. After sending the order, the customer receives an order confirmation in which his data and his order are listed again. This order confirmation does not yet constitute acceptance of the conclusion of the contract. An effective purchase contract is only concluded when an order confirmation is sent, at the latest upon delivery of the goods. Offers are subject to change.
b) It is also possible to place an order by letter, e-mail, telephone, fax or on site. The respective contact details of SCHALLENKAMMER can be found on the SCHALLENKAMMER website. In this context, the contract is concluded individually according to the will of the parties. Any prior declarations by the customer, in particular letters of confirmation, shall only be deemed to be an offer to conclude a contract.
(3) The contract shall be concluded exclusively in German or English. If contracts are concluded in English and a German version is available, the German version shall apply in case of doubt in the event of interpretation difficulties.
(4) The scope of the order shall be determined by the order confirmation of SCHALLENKAMMER. Unless expressly agreed otherwise, all offers, the documents belonging to the offers such as illustrations, drawings and performance specifications, price lists and other documents of SCHALLENKAMMER are non-binding. Subsequent changes and subsidiary agreements are only effective if confirmed in text form by SCHALLENKAMMER and oblige the customer to reimburse the costs already incurred and to recognize any additional costs. The costs incurred for the design processing shall be reimbursed unless final prices for products without design processing are shown. We expressly reserve the right to make delivery options and restrictions on the quantity to be delivered. This applies in particular in the event of our own non-delivery, limited stock or exceptional events. Promised delivery dates are non-binding and will be adhered to as far as possible. If the delivery time is exceeded, a reasonable grace period must be set. Claims for damages of any kind are excluded in the event of delayed delivery.
(5) Unless otherwise agreed in writing, the prices are to be understood as pure material prices ex works, excluding packaging and shipping. Unless otherwise agreed, all prices are net Euro prices plus the legally applicable value added tax.
(6) Unless otherwise agreed, SCHALLENKAMMER may also use third parties for the performance of services. Without prejudice to SCHALLENKAMMER's rights due to the customer's default, the provision periods shall be extended by the period in which the respective contractual partner fails to meet its obligations towards SCHALLENKAMMER.
§ 3 Processing of the purchase contract, shipping costs
(1) Our current delivery and shipping costs apply, available at https://www.schallenkammer.de/lieferung.
(2) Deliveries abroad are only made against prepayment. Deviating agreements must be made in writing. The provisions of the Federal Republic of Germany and the EU shall apply to all export transactions.
(3) Payment of the purchase price is due immediately upon conclusion of the purchase contract. The customer has the possibility to choose between different payment methods. SCHALLENKAMMER reserves the right to exclude certain payment options for deliveries abroad, for first orders or for other reasons. In principle, payments on account must be made within 30 days of the due date.
(4) Payment shall be made using the agreed payment method.
(5) If the customer defaults on payment of the purchase price or the agreed remuneration, SCHALLENKAMMER shall be entitled to refuse further services and to interrupt ongoing services.
(6) Objections to invoices must be made to SCHALLENKAMMER in writing. Invoices from SCHALLENKAMMER shall be deemed approved by the customer if they are not objected to within four weeks of receipt. Timely dispatch of the objection shall suffice to meet the deadline.
(7) In the event of premature termination of the contract, of whatever kind, the services already rendered by SCHALLENKAMMER shall be remunerated in accordance with the contractual provisions until the termination becomes effective. Any statutory claims to which SCHALLENKAMMER is entitled due to premature termination shall not be affected by this.
(8) SCHALLENKAMMER is entitled to withdraw from the contract if it does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; SCHALLENKAMMER's liability for intent or negligence remains unaffected. In this case, SCHALLENKAMMER will immediately inform the customer of the non-availability and immediately reimburse any consideration already paid. In this case, SCHALLENKAMMER reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.
(9) The customer shall inspect the ordered goods immediately after delivery, insofar as this is a mutual commercial transaction within the meaning of the German Commercial Code. This applies in particular with regard to the completeness of the goods and their respective functionality. SCHALLENKAMMER must be notified immediately of any defects that are discovered or can be detected without further ado. A detailed description of the defect must be enclosed. If the customer fails to notify SCHALLENKAMMER, the goods shall be deemed approved, unless the defect was not recognizable during the inspection.
(10) SCHALLENKAMMER must be notified of any defects of the goods which cannot be detected during the proper inspection according to paragraph 9 immediately after their discovery, provided that it is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved also with regard to this defect.
(11) In the event of return debit notes and refusal of acceptance in the case of cash on delivery, these additional costs shall be charged to the customer.
(12) SCHALLENKAMMER undertakes to send the goods to the customer immediately after receipt of the customer's order and, in the case of prepayment, credit card and/or PayPal, after full payment of the purchase price. Partial deliveries are permissible insofar as they are reasonable for the customer.
(13) In the case of cash on delivery, SCHALLENKAMMER undertakes to send the goods to the buyer immediately after the conclusion of the purchase contract.
(14) SCHALLENKAMMER points out that any damages incurred by SCHALLENKAMMER due to incorrect age information, incorrect address information or joke orders will be asserted against the customer.
§ 4 Warranty and liability
(1) SCHALLENKAMMER is generally liable for defects in the goods in accordance with the statutory provisions of the law on sales (§§ 434 ff. BGB), unless otherwise stipulated in these GTC. The subject matter of the contract is exclusively the SCHALLENKAMMER product and the SCHALLENKAMMER service with the properties and features as well as the intended use in accordance with the individual contractual agreement and/or the product description enclosed with the individual contract with the customer. Other or more extensive properties and/or features and/or a purpose of use going beyond these shall only be deemed agreed if they are expressly confirmed by SCHALLENKAMMER. Unless otherwise contractually agreed between SCHALLENKAMMER and the customer, the enclosed product descriptions and the quality agreed in the individual contract do not constitute a guarantee of quality or durability within the meaning of § 443 BGB (German Civil Code).
(2) In the case of work performances, SCHALLENKAMMER assumes liability for defects that the agreed work performances meet the requirements agreed on the basis of the contract and are suitable for the contractual use. The limitation period for defects according to §§ 634, 434, 435 BGB is one year from the statutory warranty period.
(3) The warranty period for the rights under § 437 No. 1 and No. 3 BGB for new items is one year from the start of the statutory limitation period, in deviation from § 438 Para. 1 No. 3 BGB.
(4) Liability for defects is excluded for defects caused by external influences for which SCHALLENKAMMER is not responsible or by improper use by the customer. It shall also not apply if the customer himself or third parties make changes and/or additions to the services of SCHALLENKAMMER without the express written consent of SCHALLENKAMMER. The customer may, however, provide evidence to the contrary that the respective modification and/or addition is not the cause of the defect.
(5) The operating instructions - if available - are an integral part of the associated SCHALLENKAMMER product and an indispensable part of the contract for both parties. Any liability and warranty shall lapse with immediate effect in the event of improper handling or violation of the instructions in this operating manual. The customer may provide evidence to the contrary that the improper handling and/or violation of the instructions did not lead to the respective damage and/or defect.
(6) SCHALLENKAMMER's liability for defects in free services and/or rights granted free of charge, which are not part of the contractually agreed scope of services, is limited to cases where SCHALLENKAMMER fraudulently conceals a defect and/or a defect in title and/or the respective situation giving rise to liability from the customer.
(7) The customer shall report defects immediately. The notification can initially be made verbally, but must be submitted in writing on the third working day at the latest. A notification of defects may only be made by a competent person and must meet the following requirements:
(a) precise description of the problem (defect and problematic behavior)
b) a meaningful contact person for the problem.
(8) Before asserting claims for subsequent performance, the customer shall check with due care whether a defect subject to subsequent performance exists. If an alleged defect is not subject to the obligation of subsequent performance (apparent defect) or if SCHALLENKAMMER has increased expenses due to an insufficiently determined error message, the customer may be charged for the services rendered by SCHALLENKAMMER for verification and error correction at its respective applicable remuneration rates plus the expenses incurred, unless the customer could not have recognized the apparent defect even if it had exercised due care.
(9) The customer shall assist SCHALLENKAMMER in determining and remedying the defect and shall immediately allow SCHALLENKAMMER to inspect the documents from which the detailed circumstances of the occurrence of the defect are derived.
(10) SCHALLENKAMMER may choose whether to remedy the defect by removing the defect, supplying a part or another item that does not have the defect, or showing ways in which the effects of the defect can be avoided. Corresponding claims for enrichment or damages remain unaffected.
(11) The place of performance for subsequent performance shall be the registered office of SCHALLENKAMMER.
(12) Notices of defects shall not entitle the customer to withhold the agreed payments or to offset them.
(13) Instructions for use or processing as well as the assurance of certain properties do not release the customer from his own suitability tests for the respective application. The customer undertakes towards SCHALLENKAMMER to inform its customers about the proper use of the goods and about the dangers of non-compliance.
(14) SCHALLENKAMMER shall be liable without limitation for damages caused intentionally or by gross negligence, for fraudulent concealment of defects, for the assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, body or health.
(15) SCHALLENKAMMER shall only be liable for other damages if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).
(16) In the event of slight negligence, liability shall be limited to the amount of foreseeable damage that can typically be expected to occur.
(17) The above liability provisions shall also apply to SCHALLENKAMMER's vicarious agents.
(18) Liability is otherwise excluded.
§ 5 Registration
(1) The customer has the option of registering on our website and creating a customer account.
(2) In order to register, the customer must fill in various mandatory fields.
(3) After the data entered by the customer to register the customer account has been received by the seller, the customer will promptly receive an automatic confirmation from the website that the registration has been received to the e-mail address provided by the customer.
(4) The customer can only create one user account.
(5) The customer must provide complete and truthful information when registering and using the platform. Should there be any changes in this regard, the customer must update this information immediately.
(6) The customer can delete his account and the associated information about himself or his profile without giving reasons. However, the data stored in their user account will be irrevocably lost as a result.
(7) Registration and the associated creation of the customer account itself is free of charge for the customer.
(8) Information on data protection can be found at: https://www.schallenkammer.de/datenschutz.
§ 6 Retention of title, transfer of risk
(1) SCHALLENKAMMER retains title to the respective delivery item until full payment of all claims that have arisen up to the time of conclusion of the contract, the handover of the delivery item to the customer or from the entire business relationship between the parties.
(2) As long as the retention of title exists, the customer may neither pledge the delivery item nor assign it as security. In the event of seizure in favor of third parties, confiscation or disposal by third parties, the customer shall point out SCHALLENKAMMER's ownership and inform SCHALLENKAMMER immediately. Necessary costs incurred by SCHALLENKAMMER due to an action brought by SCHALLENKAMMER in accordance with § 771 ZPO (German Code of Civil Procedure) shall be borne by the customer within the framework of the statutory cost and fee regulations if reimbursement of costs cannot be obtained from the third party. The same applies to the costs of other necessary measures and expenses.
(3) The customer is entitled to sell or process the delivery item in the ordinary course of business even before the transfer of ownership. In these cases, the following shall apply: In the event of resale, the customer hereby assigns to SCHALLENKAMMER all claims in the amount of the final invoice amount (including VAT) accruing to him from the resale against his customers or against third parties, irrespective of whether the delivery item has been resold without or after processing. In the case of co-ownership by SCHALLENKAMMER, however, the assignment shall only include a share of the claim corresponding to SCHALLENKAMMER's co-ownership share. SCHALLENKAMMER undertakes not to disclose the assignment and not to collect the claim itself as long as the customer is not in arrears with his payment obligations. Under this condition, the customer remains authorized to collect the claim. The customer is obliged at all times to provide SCHALLENKAMMER with comprehensive information about the claims against third parties arising from the resales.
(4) In the case of sale by delivery to a place other than the place of performance, the risk shall pass to the entrepreneur as soon as the goods are handed over to the transportation company.
§ 7 Default and default costs
(1) The customer shall be in default if he has not paid within 30 days of the due date.
(2) SCHALLENKAMMER is entitled to charge the customer a flat-rate reminder fee of € 5 for each reminder. The customer is entitled to prove that no or only minor damage has been incurred. SCHENKAMMER expressly reserves the right to assert further reminder costs.
§ 8 Acceptance for work services
Insofar as the services to be provided by the seller are work services, the customer is obliged to inspect the services immediately after notification of completion by SCHALLENKAMMER and to submit a written defect report to SCHALLENKAMMER within two weeks, detailing the defects found. If the customer does not submit a notice of defects within the aforementioned period, the work services shall be deemed accepted.
§ 9 Rights of use
(1) SCHALLENKAMMER reserves the right of ownership and all copyrighted rights of use to all models, tools, data, documents, in particular plans, drawings, cost estimates and drafts which were the basis for contract negotiations, until the conclusion of the contract and full payment. Without the express consent of SCHALLENKAMMER, the customer may not make these objects and documents available to third parties, disclose them, use them himself or through third parties outside the purpose of the contract or reproduce them in any other way outside the purpose of the contract. If the contract is not concluded or if they are no longer required by the customer in the ordinary course of business, the documents must be returned or - in the case of electronic storage - permanently and permanently destroyed. Excluded from this is the storage of electronically provided data for the sole purpose of standard data backup/archiving.
(2) SCHALLENKAMMER reserves all industrial property rights (e.g. patents, trademark rights, utility models, design patents) to the designs, photos, samples, inventions or trademarks provided to the customer. The customer is not entitled to use the documents in any other form than is necessary for the examination of the offer. In particular, disclosure to third parties is not permitted and will result in claims for damages in the amount of fictitious license costs.
(3) All rights to any models, tools, data, documents, in particular plans, drawings, cost estimates and drafts are the exclusive property of SCHALLENKAMMER in the relationship between the contracting parties, unless rights are granted to the customer under these GTC or any other agreement. In particular, SCHALLENKAMMER is entitled to freely use any development and any know-how from orders for further orders and to utilize them at its own discretion.
(4) Any reproduction or modification of the services provided by SCHALLENKAMMER requires the consent of SCHALLENKAMMER.
(5) Upon full, contractually agreed payment, the customer shall receive the non-exclusive, perpetual rights of use to all services provided by SCHALLENKAMMER for the contractually agreed use.
(6) If, after the effective conclusion of the contract between SCHALLENKAMMER and the customer, infringements of industrial property rights are asserted against the customer by third parties, the customer may not conclude settlements or make other concessions without the prior written consent of SCHALLENKAMMER.
(7) The customer is obliged to ensure that the graphics, texts, images, information, data, photos and files provided by him to SCHALLENKAMMER for the contractually agreed services to be provided by SCHALLENKAMMER do not violate legal regulations and/or the rights of third parties. The customer is also obliged to check the legal admissibility of the commissioned services himself. This applies in particular in the event that SCHALLENKAMMER's services violate competition law, copyright law, trademark law or other legal regulations. If third parties assert claims against SCHALLENKAMMER in accordance with this section, SCHALLENKAMMER will inform the customer immediately. The customer undertakes to indemnify SCHALLENKAMMER from any liability towards third parties in this respect, to support SCHALLENKAMMER in its legal defense and to bear the costs of reasonable legal defense, provided that SCHALLENKAMMER is not at fault.
(8) SCHALLENKAMMER is granted the non-exclusive, temporally and spatially unlimited right to utilise the customer's company name and/or logo for marketing and sales purposes as a reference on its website and/or in print media. The use is limited to the presentation as a reference customer and may not compromise the good reputation and interests of the customer. The customer may object to the use of the company name and/or logo in text form. In such an event, SCHALLENKAMMER will cease use within 14 days of receipt of the objection.
§ 10 Force majeure
SCHALLENKAMMER shall be released from its obligation to perform in cases of force majeure. Force majeure includes all unforeseen events as well as events whose effects on the fulfillment of the contract are not the responsibility of either party. These events include, in particular, epidemics, pandemics, natural disasters, lawful industrial action, including in third-party companies and official measures.
§ 11 Final provisions
(1) These General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the parties are registered traders, the place of jurisdiction for all disputes arising from or in connection with the present contract shall be the city of the registered office of SCHALLENKAMMER.
(3) The place of performance is the registered office of SCHALLENKAMMER.
(4) Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Status: March 2025
