Between Xaver Schneider GmbH & Co. KG, Obereschring 1, 88512 Mengen, represented by Mr. Rolf Guffarth,
registered in the commercial register of the Ulm District Court under HRA 560301
and the customer referred to in § 1 of the contract
shall be concluded.
For all contracts concluded with us via the webshop, the following sales, delivery, and payment terms apply:
1.1. The business relationship between the webshop provider Xaver Schneider GmbH & Co. KG ("Provider") and the customer ("Customer") shall exclusively be governed by the following general terms and conditions in their current version at the time of ordering.
1.2. Deviating or conflicting conditions shall not be recognized by the Provider unless the Provider has expressly agreed to them in writing. The Provider's acceptance of such conditions must also be in writing. The Customer's terms and conditions shall not apply, even if the Provider does not expressly object to their validity.
1.3. The Customer is a consumer to the extent that the transaction is entered into for purposes that predominantly neither relate to their commercial nor their self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership with legal personality who, when entering into the contract, is acting in the exercise of their commercial or self-employed professional activity.
2.1. The customer can select products, especially umbrellas, sun sails, and respective accessories, from the provider's range and collect them in a so-called shopping cart by clicking the "add to cart" button. By clicking the "order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart.
The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to order. A binding order for the goods listed on the order page is only placed by clicking the button (buy/order with obligation to pay).
2.2. Before submitting the order, the customer can change and view the data at any time. The order can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking the "accept terms and conditions" button and thereby included them in their offer.
2.3. The provider sends the customer an automatic acknowledgment of receipt by email, which lists the customer's order again. This automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer, unless acceptance is also declared alongside confirmation of receipt.
2.4. The contract is only concluded by the provider's declaration of acceptance, which is sent in a separate email (order confirmation), or by delivery of the ordered items.
In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) is sent to the customer by us on a durable medium (email or paper printout) (contract confirmation).
The contract text is stored in compliance with data protection regulations.
2.5. The contract is concluded in German.
3.1. According to the legal provisions of distance selling, the buyer has a right of withdrawal, about which the provider informs according to the statutory pattern below.
3.2. If the buyer exercises their right of withdrawal, they shall bear the regular costs of returning the goods. We kindly ask you to return the goods to us in their original packaging.
3.3. In all other respects, the provisions regarding the right of withdrawal are governed by the regulations set out in the following withdrawal policy.
3.4. The right of withdrawal does not apply to:
4.1. The prices stated on the product pages include the statutory value-added tax at the applicable rate and other price components such as packaging costs.
4.2. The corresponding shipping costs are indicated to the customer in the order form and shall be borne by the customer unless the customer exercises their right of withdrawal.
4.3. The goods are shipped by a parcel delivery service. With regard to the shipping risk, we refer to § 7.8.
4.4. The shipping costs are as follows:
Region: Replacement Parts up to EUR 100.00 up to EUR 100.00
DE Free of charge Free of charge Free of charge
CH / UK EUR 15.00 EUR 20.00 EUR 25.00
AT, Benelux, FR EUR 5.00 EUR 8.00 EUR 10.00
Other EU EUR 15.00 EUR 20.00 EUR 25.00
This does not apply if a separate agreement has been made with the customer.
5.1. Until full payment of all current and future claims from the purchase contract and an ongoing business relationship (secured claims), the delivered goods remain the property of the provider.
5.2. The goods subject to retention of title may not be pledged to third parties or transferred as security until full payment of the secured claims. The customer must notify the provider immediately in writing if an application is made to open insolvency proceedings or if third parties (e.g., seizures) access the goods belonging to the provider.
5.3. Until revocation (see below), the customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following additional provisions apply.
The retention of title extends to the products created by processing, mixing, or combining our goods to their full value, with the provider being considered the manufacturer. If the ownership rights of third-party goods remain in existence as a result of processing, mixing, or combining with third-party goods, the provider acquires co-ownership in proportion to the invoice value of the processed, mixed, or connected goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
The customer hereby assigns to the provider all claims arising from the resale of the goods or the product, in whole or in the amount of any co-ownership interest according to the preceding paragraph, to secure the provider. The provider accepts the assignment. The obligations of the customer stated in the preceding paragraph also apply with regard to the assigned claims.
The customer remains authorized to collect the claims alongside the provider. The provider undertakes not to collect the claims as long as the customer meets their payment obligations to the provider, there is no impairment of their ability to perform, and the provider does not assert the retention of title by exercising a right. However, if this is the case, the provider may demand that the buyer inform them of the assigned claims and their debtors, provide all necessary information for collection, hand over the associated documents, and notify the debtors (third parties) of the assignment. In this case, the provider is also entitled to revoke the customer's authority to further sell and process the goods subject to retention of title.
If the realizable value of the securities exceeds the provider's claims by more than 10%, the provider shall release securities at their discretion upon the customer's request.
6.1. Unless otherwise agreed in writing, the purchase price is due and payable without deduction within 30 days of receipt of the invoice by the customer and delivery of the goods.
6.2. The customer can make payment by credit card or PayPal.
The customer can change the payment method stored in their user account at any time.
However, the provider is also entitled, at any time, even within the framework of an ongoing business relationship, to carry out delivery wholly or partially only against advance payment. The provider declares such a reservation at the latest with the order confirmation.
6.3. If the aforementioned payment deadline expires, the customer is in default.
If the customer defaults on payment, the provider is entitled to demand interest from this point onwards at a rate of 5% above the respective base rate of the European Central Bank (ECB).
The customer's obligation to pay default interest does not preclude the assertion of further default damages by the provider.
The claim to commercial maturity interest (§ 353 HGB) remains unaffected with respect to merchants.
6.4. The customer is only entitled to set-off or retention rights to the extent that their claim has been legally established or is undisputed. In the event of defects in the delivery, the customer's rights of retention, in particular, remain unaffected according to § 8.
7.1. Delivery times stated by the provider are calculated from the time of order confirmation, subject to prior payment of the purchase price (except for invoice purchase).
If no or no deviating delivery time is indicated for the respective goods in our online shop, it is 10 working days.
The start of the delivery time specified by us requires clarification of all technical issues, provided that the buyer must cooperate in this regard.
7.2. The delivery dates and delivery deadlines specified are exclusively non-binding information unless expressly agreed upon as binding between the customer and the provider.
7.3. If there are no copies of the product selected by the customer available at the time of the order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from declaring acceptance. In this case, no contract is concluded. If the product designated by the customer in the order is temporarily unavailable, the provider shall inform the customer of this immediately in the order confirmation.
7.4. Four weeks after exceeding a non-binding delivery date or deadline, the customer may request in writing to deliver within a reasonable period.
If the provider culpably fails to meet an expressly agreed binding delivery date or deadline or is in default for any other reason, the customer must set a reasonable grace period for performance. If the provider allows this grace period to expire without result, the customer is entitled to withdraw from the purchase contract.
7.5. The provider is entitled to make partial deliveries and provide partial services at any time, provided this is reasonable for the customer.
7.6. Subject to the limitations set out in § 8 below, the provider shall be liable to the customer in all other respects in accordance with statutory provisions if the contract is a fixed transaction or if the customer is entitled, due to a delivery delay attributable to the provider, to withdraw from the contract due to loss of interest in performance.
7.7. The goods are shipped by a parcel delivery service.
Delivery is from stock, where the place of performance for delivery and any subsequent performance is also located. At the buyer's request and expense, the goods shall be shipped to another destination (sale by delivery).
Unless otherwise agreed, the provider is entitled to determine the type of shipment (in particular, transport company, shipping route, and packaging) itself.
7.8. The shipping risk is borne by the provider if the customer is a consumer. If the customer is a trader, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the customer upon delivery of the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. Transfer is deemed to have taken place even if the buyer is in default of acceptance.
7.8. The following delivery restrictions apply: The provider only delivers to customers who have their ordinary residence (billing address) in one of the following countries and can provide a delivery address in the same country: European Union, Switzerland, and the United Kingdom.
8.1. Customer claims for damages are excluded. This does not apply to customer claims for damages resulting from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
8.2. The warranty period for goods delivered by the provider to entrepreneurs is 12 months.
8.3. An additional warranty exists for goods delivered by the provider only if it has been expressly given in the order confirmation for the respective item.
8.3. Illustrations or drawings contained in our brochures, advertisements, and other offer documents are only approximately authoritative unless the information contained therein has been expressly designated by us as binding; deviations of the delivered goods from the objective requirements of the goods also do not constitute a defect. The same applies if the provider has expressly and separately agreed with the customer on a deviation from the objective requirements of the goods.
8.4. In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
8.5. The limitations of liability set out in paragraphs 1 and 4 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
8.6. The liability limitations resulting from paragraphs 1 and 4 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the quality of the item.
The provisions of the Product Liability Act remain unaffected.
8.7. If the buyer is in default of acceptance, fails to cooperate, or delays delivery for other reasons attributable to the buyer, the provider is entitled to demand compensation for the resulting damage, including additional expenses (e.g., storage costs).
For this purpose, the provider calculates a lump-sum compensation of EUR 10.00 per calendar day, starting with the delivery deadline or, in the absence of a delivery deadline, with notification of the readiness for shipment of the goods.
The provider's statutory claims (in particular, reimbursement of additional expenses, reasonable compensation, termination) remain unaffected. However, the lump sum is to be credited against further monetary claims.
The buyer is allowed to prove that the provider has not incurred any damage or only significantly less damage than the lump sum mentioned above.
9.1. With respect to entrepreneurs as customers, the general limitation period for claims arising from defects in quality and defects in title deviates from § 438 para. 1 no. 3 BGB and is one year from delivery.
9.2. The aforementioned limitation periods of the Sales Law also apply to contractual and non-contractual claims for damages by the entrepreneurial buyer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases.
9.3. Claims for damages by the buyer in case of intent and gross negligence as well as for damages resulting from injury to life, body, or health are subject exclusively to the statutory limitation periods. This also applies to claims under the Product Liability Act.
The European Commission has set up a platform for online dispute resolution. You can find this platform at: https://ec.europa.eu/consumers/odr
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.1. This contract is subject to the law of the Federal Republic of Germany (excluding the conflict of laws provisions of private international law and the UN Sales Convention). The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular, of the state in which the customer has their habitual residence as a consumer, remain unaffected.
11.2. The place of performance for all our deliveries and services is Mengen.
11.3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer is a businessman within the meaning of § 14 BGB, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the court responsible for the provider's registered office.
However, the provider is also entitled to take legal action against the buyer at their place of business or to apply for interim legal protection.
11.4. Even if individual points are legally ineffective, the contract remains binding in its remaining parts. In place of the ineffective points, if available, the legal regulations apply. However, if this would represent an unreasonable hardship for one party to the contract, the contract as a whole becomes ineffective.
11.5. The contract language is German. If the meaning of the German text and a foreign-language translation of the text of the contract or these General Terms and Conditions differ from each other, the meaning of the German text is paramount.
© 2025 Xaver Schneider GmbH & Co. KG - Schirmfabrik
Xaver Schneider GmbH & Co. KG Schirmfabrik
Obereschring 1
88512 Mengen
© 2025 Xaver Schneider GmbH & Co. KG - Schirmfabrik