General Terms and Conditions of SCHRAMM GmbH for the Webshop 


  1. Basic Provisions
    1. The following terms and conditions ("Terms and Conditions") apply to all contracts for the sale of products that you as a consumer or entrepreneur conclude with us as a supplier (SCHRAMM GmbH) via the website ("Online Shop"). Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is expressly excluded.
    2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity, as well as a legal entity under public law or a special fund under public law.
  2. Formation of the Contract
    1. The subject of the contract is the sale of products displayed for sale via the Online Shop.
    2. By placing the respective products on our website, we do not make you a binding offer to conclude a contract; rather, we invite you to submit a binding offer.
    3. The contract is concluded via the online shopping cart system as follows:
      1. You can submit the offer via the online order form integrated in the Online Shop. The products intended for purchase are moved to the shopping cart. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
      2. After calling up the ‘proceed to checkout’ page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
      3. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
      4. By clicking the ‘place liable order’ button to submit the order, you declare the submission of the offer in a legally binding manner. The order can only be sent if you accept these Terms and Conditions by ticking the ‘I confirm that I have read and understood these terms and conditions and I agree to be bound’ box.
      5. We will confirm the order by e-mail by sending a confirmation of the receipt and your order. This represents at the same time the acceptance of your offer, so that the contract is concluded. 

If you select an instant payment system (in particular the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (hereinafter: "PayPal") as a payment method via the online shopping cart system, you will be redirected to the website of the instant payment system provider. After being redirected, you can make the corresponding selection or enter the data on the website of the provider of the instant payment system and the purchase price,  subject to PayPal Terms of Use, available at, or - if you do not have a PayPal account - subject to the terms and conditions for Payments without a PayPal account, available at In the case of such a payment by means of the payment method offered by PayPal, we declare acceptance of the customer's offer already at the time when you click the button completing the order process.

    1. The execution of the order and the transmission of all the details required for the conclusion of the contract shall be carried out via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
  1. Right of Retention, Reservation of Title
    1. You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
    2. If we make advance payment, we retain ownership of the delivered products until the purchase price owed has been paid in full. If you are an entrepreneur, we retain ownership of the products until all outstanding claims from the business relationship with you have been settled. Our corresponding security rights are transferable to third parties.
  2. Delivery Conditions
    1. The delivery of a product takes place within Germany and to the following countries: Austria, Luxembourg, Netherlands, Belgium to the delivery address specified by you, unless otherwise agreed. When processing the transaction, the delivery address specified in the order is decisive.
    2. The dispatch conditions, delivery periods and any dispatch restrictions can be found under the corresponding button on our website  or in the respective description of the products.
  3. Prices and Payment Modalities
    1. The prices listed in the respective product descriptions and the dispatch costs represent total prices. They include all price components including all applicable taxes, in particular the statutory value added tax.
    2. The dispatch costs incurred are not included in the purchase price. They can be called up via the correspondingly designated button on our website at or in the respective description of the products. They are shown separately during the ordering process and are to be borne by you in addition, unless we have agreed to free dispatch.
    3. Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by the customer in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
    4. The methods of payment available to you are shown under a correspondingly designated button on our website under under the respective description of products.
    5. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. If payment on account is selected, the purchase price shall become due after the products have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed.
  4. Place of Performance and Transfer of Risk
    1. The place of performance for all services arising from the business relations with us and the place of jurisdiction is at the place of our registered office.
    2. If you are an entrepreneur, the risk shall pass upon delivery of the products to the transport company at the place of loading. If you are a consumer, the risk shall not pass until the products are handed over to the recipient or to someone who acts on behalf of the recipient.
  5. Warranty for Defects and Liability
    1. If the products are defective and if you are an entrepreneur, we are entitled to determine the type of subsequent performance, taking into account the type of defect and your legitimate interests.
    2. As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
    3. If you are an entrepreneur, the following applies:
      1. The expenses required within the scope of subsequent performance, in particular transport, travel, labour and material costs, shall only be borne by us if the costs are not disproportionate; the presumption that costs are disproportionate shall apply here insofar as they are based on the fact that the products have been taken to a place which was not expressly and separately notified to us as the place of destination when the contract was concluded. This does not apply in the case of recourse according to Sec. 478 German Civil Code (Bürgerliches Gesetzbuch – BGB).
      2. Your claims for defects presuppose that you have fulfilled your statutory obligations to inspect and give notice of defects (Secs. 377, 381 German Commercial Code (Handelsgesetzbuch - HGB)). If an obvious (including wrong and short delivery) or hidden defect becomes apparent during the inspection or later, we must be notified of this immediately in text form. The notification shall be deemed to be immediate if it is made within one (1) week after delivery or, in the case of hidden defects, after discovery of the defect, whereby timely dispatch of the notification shall suffice to meet the deadline. If you fail to make the proper inspection and/or notification of defects, our liability for the non-notified defect is excluded.
      3. If the supplementary performance has failed twice or if a reasonable deadline set by you for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, you may rescind from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of recission.
      4. Your claims for defects and other claims for damages become statute-barred within one (1) year. This does not apply to claims for defects that are not claims for damages in the case of recourse pursuant to Sec. 478 German Civil Code (Bürgerliches Gesetzbuch – BGB). In all other respects, § 8 of these Terms and Conditions shall apply.
      5. If the defect is due to defective products from a supplier of ours, whereby we merely pass on the products (third-party products) to you, you are initially entitled to demand that we assign our rights against the supplier to you so that you can assert a claim against the supplier. This does not apply if the defect is due to improper handling of the supplier's products for which we are responsible. In the event that you are unable to make a claim against the supplier on our part due to the defect, we shall be liable to you in accordance with § 8 of these Terms and Conditions.
  6. Other liability
    1. Unless these Terms and Conditions including the following provisions state otherwise, we are liable in the event of any breach of contractual and non-contractual obligations in accordance with the applicable statutory provisions.
    2. We are liable for damages – based on whatever legal grounds – in the event of fault caused by wilful intent or gross negligence. 
    3. Unless the applicable statutory regulations provide for a lesser liability standard (e.g. for due care in one’s own matters), we are in the event of simple negligence only liable
      1. for damage based on injury to life, limb or health,
      2. for damage based on the not insignificant breach of a material contractual obligation (obligation whose fulfilment makes the proper performance of the contract possible in the first place at all and on compliance with which the contractual party regularly relies and may regularly rely); in this case, however, our liability is limited to the reimbursement of foreseeable damage which typically occurs.
    4. The limitations of liability resulting from sub-clause (3) do not apply if we maliciously do not disclose a defect or have assumed a guarantee for the quality of the products and for your claims in accordance with the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) or other mandatory law.
    5. The limitations of liability arising from these Terms also apply to breaches of duty by or in favour of persons for whose fault we are responsible in accordance with statutory provisions. The limitations of liability resulting from these Terms and Conditions shall also apply to the personal liability for damages of our employees, workers, staff, suppliers, subcontractors, representatives and persons who we use to perform our obligation.
    6. You can only rescind or terminate the contract due to any breach of an obligation other than a defect if we are responsible for the breach of such obligation. Any free right of you to terminate the contract is excluded. The statutory requirements and legal consequences otherwise apply.
  7. Choice of Law, Place of Jurisdiction
    1. German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
    2. If you are not a consumer but an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction is at the seat of our registered office. The same applies if you do not have a general place of jurisdiction in Germany or the European Union or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
    3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.


  1. Alternative Dispute Resolution
    1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
    2. We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.
  2. Contract Language, Contract Text Storage
    1. The contractual language is German.
    2. The complete text of the contract will not be stored by us after conclusion of the contract. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally mandatory details related to distance selling contracts and these Terms and Conditions are re-sent to you via e-mail. In addition, these Terms and Conditions are only kept available for retrieval via the Online Shop during their respective period of validity. We recommend that you save these Terms and Conditions yourself by printing out or saving the page or file on your computer.
  1. Codes of Conduct

We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG and, in connection with that, the

Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: and

  1. Right of Withdrawal 
    1. Consumers are generally entitled to a right of withdrawal. 
    2. Further information on the right of withdrawal can be found in our cancellation policy at
  1. Miscellaneous

Should one or more provisions of these Terms and Conditions be or become invalid or unenforceable, or should these Terms and Conditions contain a loophole, the remaining provisions of these Terms and Conditions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provisions, if any.


Stand: 08 April 2022