SZe – Schneider & Zirr engineering GmbH
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General Terms and Conditions

As of: 2025. These terms are updated as required.

This English translation is provided for your convenience. The legally binding version is the German original: Allgemeine Geschäftsbedingungen (Deutsch). In case of any discrepancy, the German version prevails.

GTC as PDF (German)

The contracts concluded between SZe Schneider & Zirr engineering GmbH, Ledenweg 43A, 01445 Radebeul (hereinafter: „Seller“ or „we / us“) and the customer (hereinafter „Buyer“) are governed exclusively by the following General Terms and Conditions.

§ 1 Scope, definitions

(1) The following General Terms and Conditions (GTC) in the version valid at the time of the order apply exclusively to the business relationship between the Seller and the Buyer. Deviating conditions of the Buyer are not recognised unless the Seller expressly agrees to their validity in writing.

(2) The contract language is German. The Seller's offers and services apply exclusively within the EU.

(3) The Buyer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. Buyers within the meaning of these GTC are both consumers and entrepreneurs.

(4) Where deadlines are stated in working days, these are understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays.

§ 2 Conclusion of contract

(1) The presentation of the products on our website (www.sze.com) does not constitute a legally binding offer, but a non-binding online catalogue. After receipt of a customer enquiry (by email, written, telephone or in-person enquiry), the customer / Buyer receives a price quotation. By ordering the goods, the Buyer bindingly declares their wish to purchase the goods. We are entitled to accept the contract offer contained in the order within two weeks of receipt. The purchase contract is concluded when we accept the contract offer contained in the order. Acceptance takes place by means of a separate order confirmation.

(2) Should our confirmation contain spelling or printing errors, or should our price determination be based on technically caused transmission errors, we are entitled to contest, whereby we must prove our error to you. Payments already made will be refunded to you immediately.

§ 3 Delivery, availability of goods

(1) Delivery is made to the delivery address specified by the customer via DHL or other reputable freight services (e.g. UPS). The customer is responsible for providing the complete and correct delivery address. Delivery is made to the delivery address specified by the Buyer.

(2) The standard delivery time is 3 – 4 working days, whereby delivery on Sundays and public holidays is excluded. Different delivery times may also be stated on the product page, which then take precedence. Collection by the customer from the provider is possible pursuant to § 7 (2) of the GTC. If the goods cannot be delivered on the agreed date when delivered by truck or freight forwarder for reasons attributable to the Buyer, we are entitled to charge the Buyer the costs of a renewed delivery.

(3) If not all ordered products are in stock, the provider is entitled to make partial deliveries at its own expense, insofar as this is reasonable for the customer.

(4) The provider does not assume any procurement risk, even in the case of a purchase contract for generic goods. The provider is only obliged to deliver from its stock of goods and the delivery of goods ordered from its suppliers.

(5) Should individual items be temporarily sold out, the provider will mark this accordingly in the product description. If individual items are permanently or temporarily sold out after they have been ordered, the provider will contact the customer immediately before accepting the order, inform them of this and, where applicable, propose the delivery of a comparable product.

(6) If the ordered product is no longer available after conclusion of the contract because the provider is not supplied with this product by its suppliers through no fault of its own, the provider may withdraw from the contract. In this case, the provider will inform the customer immediately and, where applicable, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish for the delivery of a comparable product, the provider will, where applicable, refund any consideration already provided immediately.

(7) Please note that product images may differ slightly from the actual product. The descriptions and illustrations contained in catalogues, price lists or other advertising material of the Seller are intended only to convey a general idea of the goods described therein. They do not contain any declaration or warranty by the Seller and do not become part of the contract.

§ 4 Retention of title

The delivered goods remain the property of the Seller until full payment has been made. Before title passes, pledging, transfer by way of security, processing or alteration is not permitted without the Seller's consent.

§ 5 Prices

(1) All prices stated are ex-warehouse prices plus the applicable statutory VAT and are understood to be plus shipping costs.

(2) All prices stated are fixed prices and are not negotiable.

§ 6 Insolvency of the Buyer

Without prejudice to other claims or rights, the Seller may terminate the contract without notice or withdraw if the Buyer fails to meet its payment obligations on time or breaches another material contractual obligation, ceases its business operations or files for the opening of insolvency proceedings, and further if insolvency proceedings are opened over the Buyer's assets at the request of a third party.

§ 7 Terms of payment

(1) Payments are to be made by bank transfer or as cash payment (only on collection). In the case of bank transfer, payment is to be made to the specified account at Sparkasse Karlsruhe immediately without deduction after receipt of the goods, but at the latest within 7 days. For new customers from abroad or new customers from Germany who order a larger quantity of goods (from 10 devices), delivery is only made against advance payment.

(2) The goods can only be collected after prior arrangement. By appropriate agreement, the goods can be collected at the company's registered office (Ledenweg 43A in 01445 Radebeul).

(3) In the event of default in payment, the Seller is entitled to demand default interest at a rate of 5 % above the respective base interest rate. In the case of merchants, the Seller is entitled to demand default interest at a rate of 8 % above the base interest rate. The assertion of further default damages remains reserved.

(4) If the Buyer is in default of payment, a flat-rate cost share of EUR 5 is charged for each reminder. The Buyer is permitted to prove that a lower damage than this flat rate, or no damage at all, has occurred.

§ 8 Warranty for defects and right of return

(1) The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs, the warranty obligation on items delivered by the Seller is 12 months.

(2) An additional guarantee exists for the goods delivered by the Seller only if this was expressly given in the product description for the respective item.

§ 9 Liability

(1) The Seller's liability is excluded insofar as the damage was not caused by grossly negligent or intentional conduct of the Seller, its legal representatives or vicarious agents, or consists of injury to life, body, health or essential contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the Seller is liable in the case of simple negligence only for the contract-typical, foreseeable damage.

(3) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us as quickly as possible.

(4) Failure to make a complaint or to make contact has no consequences whatsoever for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier (e.g. DHL) or the transport insurance.

(5) The provisions of the Product Liability Act remain unaffected.

§ 10 Non-performance

If the Buyer fails to pay the purchase price despite it being due, or if the Buyer fails to accept the purchased goods, and we have unsuccessfully set the Buyer a reasonable grace period for payment or acceptance, we are entitled to withdraw from the contract and to demand damages for non-performance. Setting a deadline is dispensable if the Buyer seriously and finally declares after conclusion of the contract that they do not wish to fulfil their obligations under the purchase contract. As damages for non-performance, we may demand a flat rate of 10 % of the agreed purchase price (corresponds to a 10 % down payment). The Buyer remains free to prove that no damage at all, or damage lower than the flat rate, has occurred. Otherwise, we reserve the right to assert a higher proven damage.

§ 11 Data protection and copyright

(1) We collect and process the customer's personal data exclusively in accordance with the statutory provisions of the German Federal Data Protection Act (BDSG). We process and use the data provided by the Buyer in the course of their order to establish, perform and terminate the contractual relationship with the Buyer, including the processing of warranty claims. We only pass on the Buyer's personal data to third parties if and to the extent that this is necessary to perform the contract, in particular to carry out the delivery.

(2) Photos, drawings and sketches remain the property of the Seller and enjoy copyright protection. The Seller observes the statutory provisions on data protection when handling personal data. The Buyer's personal data is stored in particular for the processing of the purchase contract and – where necessary – also passed on to service providers commissioned by the Seller. Within the framework of the statutory provisions and taking into account the legitimate interests of the Buyer, the Seller may transmit personal data to SCHUFA for credit assessment purposes. Furthermore, the Buyer agrees that their personal data may be used for the Seller's own marketing purposes. Consent to the storage, processing and use of personal data can be withdrawn at any time vis-à-vis the Seller. However, this does not apply to data required for the processing of the contract.

§ 12 Final provisions

(1) The Buyer is only entitled to set off if the counterclaim is undisputed or has been legally established.

(2) The law of the Federal Republic of Germany applies to contracts between the Seller and the Buyer, excluding the provisions on private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods.

(3) If the Buyer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Buyer and the Seller is the Seller's registered office.

(4) The contract remains binding in its other parts even if individual points of these GTC are legally invalid. The statutory provisions, where available, take the place of the invalid points. However, insofar as this would constitute an unreasonable hardship for one contracting party, the contract becomes invalid as a whole.

§ 13 Amendment of the GTC

The Seller is entitled to amend these GTC unilaterally, insofar as this is necessary to eliminate subsequently arising equivalence disruptions or to adapt to changed legal or technical framework conditions. The Seller will inform the Buyer of an adjustment by communicating the content of the amended provisions. The amendment becomes effective if the Buyer does not object to its inclusion in contractual relationships concluded with them, in writing or text form, vis-à-vis the Seller within six weeks of receipt of the amendment notification.

SZe – Schneider & Zirr engineering GmbH

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