General Terms and Conditions with Customer Information

 

Table of Contents

• 1. Scope of Application
• 2. Conclusion of Contract
• 3. Right of Withdrawal
• 4. Prices and Payment Terms
• 5. Delivery and Shipping Terms
• 6. Retention of Title
• 7. Warranty for Defects
• 8. Applicable Law
• 9. Code of Conduct

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Stilform Handels GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is any natural or legal person or a legally competent partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

 

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to provide a binding offer by the Customer.

2.2 The Customer may submit the offer via the integrated online order form in the Seller's online shop. In doing so, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by post, email, fax, or telephone.

2.3 The Seller can accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after they have placed their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects “PayPal Express” as the payment method during the online ordering process, they simultaneously issue a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, contrary to Section 2.3, the Seller declares acceptance of the Customer’s offer at the moment the Customer triggers the payment process by clicking the button that completes the ordering process.

2.5 The period for accepting the offer begins on the day after the Customer sends the offer and ends upon the expiry of the fifth day following the sending of the offer.

2.6 When submitting an offer using the Seller’s online order form, the Seller stores the contract text and sends it to the Customer along with the present GTC in text form (e.g., email, fax, or letter) after the Customer has sent their order. Additionally, the contract text is archived on the Seller’s website and can be retrieved free of charge by the Customer through their password-protected customer account by providing the corresponding login details, provided the Customer has created a customer account in the Seller’s online shop before sending their order.

2.7 Prior to the binding submission of the order via the Seller’s online order form, the Customer can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using standard keyboard and mouse functions.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned with order processing can be delivered when using SPAM filters.

 

3) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

 

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s offer, the prices quoted are final prices that include statutory VAT. Any additional delivery and shipping costs that may apply are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties).

4.3 The Customer has various payment options available, which are listed in the Seller’s online shop.

4.4 If prepayment has been agreed upon, payment is due immediately after the conclusion of the contract.

4.5 If the payment method credit card is selected, the invoice amount is due immediately upon the conclusion of the contract. The handling of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de), to whom the provider assigns their payment claim. The secupay AG collects the invoice amount from the specified credit card account of the Customer. In the event of assignment, payment can only be made to secupay AG with discharging effect. The credit card will be charged immediately after the Customer sends their order in the online shop. The provider remains responsible for general customer inquiries even when choosing the credit card payment method via secupay AG, e.g., about products, delivery times, shipments, returns, complaints, revocation statements and -dispatches, or credits.

 

5) Delivery and Shipping Terms

5.1 Goods are delivered via shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address indicated in the Seller’s order processing is authoritative. However, if the payment method PayPal is selected, the delivery address stored by the Customer at PayPal at the time of payment is authoritative.

5.2 If the shipping company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance.

5.3 In the case of self-pickup, the Seller initially informs the Customer by email that the ordered goods are ready for pickup. After receiving this email, the Customer can pick up the goods at the Seller’s location after making arrangements with the Seller. In this case, no shipping costs are charged.

 

6) Retention of Title

If the Seller provides advance performance, they reserve ownership of the delivered goods until the full purchase price is paid.

 

7) Warranty for Defects

The statutory warranty for defects applies.

 

8) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country where the consumer has their habitual residence.

 

9) Code of Conduct

The Seller has submitted to the following code of conduct:

- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.