General Terms and Conditions (T&C)

General Terms and Conditions (T&C)

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by Scherler Optical Solutions, owner: Matthias Scherler (B2B only)

Version: 31/03/2026

1. Scope, contractual partner, language

1.1. These T&Cs apply to all contracts between
Scherler Optical Solutions, owner: Matthias Scherler, Wemdinger Str. 2, 86720 Noerdlingen, email: m.scherler@koskino.de, phone: +49_90819029981 (hereinafter “Provider”),
and entrepreneurs within the meaning of Section 14 BGB (hereinafter “Customer”). No sales are made to consumers (Section 13 BGB).
1.2. Deviating terms and conditions of the Customer shall only become part of the contract if the Provider expressly agrees to their validity in writing.
1.3. The contract language is German or English. In case of interpretation issues, the German version shall prevail.

2. Offer and subject matter of performance

2.1. The Provider sells “Koskino K400” water filter systems for optical workshops.
2.2. Product variants exist depending on the machine type; differences are technically minor. The Customer is responsible for specifying the correct machine type and selecting the appropriate variant.
2.3. The products are intended exclusively for commercial use.
2.4. Technical changes that serve improvement and are reasonable remain reserved.

3. Conclusion of contract, customer account

3.1. The presentation of goods in the online shop is non-binding. An order constitutes an offer pursuant to Section 145 BGB. The contract is concluded upon order confirmation or delivery.
3.2. A customer account is required to place an order. The Customer must provide company information and tax data (e.g. VAT ID, VAT, EORI if applicable) correctly and completely, and update any changes without delay. The Provider may request suitable documentation for verification purposes.

4. Prices, taxes, payment

4.1. Prices in Germany are exclusive of statutory VAT (currently 19%).
4.2. Deliveries within the EU: If the Customer provides a valid VAT ID, the intra-community supply is made without VAT; otherwise German VAT will be charged.
4.3. Outside the EU (if offered): net export; any customs duties, taxes, and fees shall be borne by the Customer.
4.4. Payment methods: PayPal, credit card, SEPA, invoice (subject to review/agreement). Payment is generally in advance; in the case of invoice, the invoice amount is due immediately upon receipt unless otherwise agreed.
4.5. Bei Zahlungsverzug ist der Anbieter berechtigt, Verzugszinsen in gesetzlicher Höhe (§ 288 Abs. 2 BGB) sowie angemessene Mahngebühren zu berechnen.

5. Shipping, delivery area, delivery time, transfer of risk

5.1. Delivery area: EU as well as other European countries (including, where applicable, the UK, CH, NO, IS, LI). Intercontinental deliveries may be offered later.
5.2. Shipping providers: DHL, UPS. Shipping costs are calculated and displayed at checkout depending on the region.
5.3. Delivery times are stated in the shop or in the order confirmation; subject to correct and timely self-supply, they are non-binding unless expressly confirmed as binding.
5.4. Partial deliveries are permitted insofar as they are reasonable for the Customer; any additional shipping costs shall be borne by the Provider unless the partial delivery is made at the Customer’s request.
5.5. Transfer of risk: In the case of shipment, the risk of accidental loss and accidental deterioration passes to the Customer upon handover to the carrier (Section 447 BGB).
5.6. Retention of title: The goods remain the property of the Provider until full payment has been made.

6. Duties of cooperation, installation, compatibility

6.1. The Customer shall ensure that the ordered variant is compatible with its machine (correct type designation, year of manufacture, interfaces).
6.2. Installation/commissioning must be carried out by qualified personnel in accordance with the instructions. The Provider shall not be liable for damage caused by improper installation, lack of maintenance, or deviating operating conditions (e.g. water quality, pressure, temperature), unless mandatory law provides otherwise.

7. Warranty, duty to inspect and notify defects, limitation period

7.1. The statutory rights in case of defects apply in B2B transactions.
7.2. Duty to inspect and notify defects: The Customer must inspect the goods immediately after delivery and report obvious defects in writing no later than 7 calendar days after delivery, and hidden defects within 7 calendar days after discovery (Section 377 HGB).
7.3. Subsequent performance shall, at the Provider’s discretion, be effected by remedying the defect or making a replacement delivery.
7.4. Limitation period for defect claims: 12 months from transfer of risk; excluded are claims due to intent, gross negligence, injury to life, body, or health, assumption of a guarantee, or fraudulent concealment – the statutory periods apply to these.

8. Liability

8.1. The Provider shall be liable without limitation in cases of intent and gross negligence, for damages arising from injury to life, body, or health, under the Product Liability Act, and in the event of the assumption of a guarantee.
8.2. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the foreseeable, typical damage.
8.3. Otherwise, liability for slight negligence is excluded.

9. Returns, revocation / withdrawal

9.1. There is no statutory right of withdrawal, as sales are made exclusively to entrepreneurs.
9.2. If the Provider accepts returns as a gesture of goodwill or based on individually agreed return rights, returns shall be made at the Customer’s expense and risk.
9.3. A model withdrawal form (only in the event that a contractual right of withdrawal/cancellation has been granted) is attached at the end of these T&Cs.

10. Export, compliance

10.1. The Customer shall comply with all export, customs, and compliance regulations when exporting/transferring goods.
10.2. For deliveries outside the EU (if offered), import duties shall be borne by the Customer; unless otherwise agreed, the delivery term shall be DAP (Incoterms®).

11. Force majeure

11.1. Events of force majeure (e.g. strike, lawful lockout, war, terror, pandemics, natural disasters, official measures, disruption of transport/networks) for which the Provider is not responsible shall suspend the performance obligations for the duration of the disruption plus a reasonable restart period.
11.2. If the disruption lasts longer than 8 weeks, both parties shall be entitled to withdraw from the contract with respect to the part not yet performed.

12. Data protection

The Provider’s privacy policy applies and is available at [insert URL/location of the privacy policy].

13. Amendments to the T&Cs

The Provider is entitled to amend these T&Cs with effect for the future. The Provider will inform customers of material changes in text form.

14. Place of jurisdiction, applicable law

14.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2. Ausschließlicher Gerichtsstand ist Augsburg, sofern der Kunde Kaufmann, juristische Person des öffentlichen Rechts oder öffentlich-rechtliches Sondervermögen ist und keine ausschließlichen gesetzlichen Gerichtsstände entgegenstehen.