Terms and Conditions with customer information
Table of Contents
- Prices and terms of payment
- Delivery and shipping conditions
- Contract duration and contract termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of action vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of STU GmbH (hereinafter referred to as “Seller”) apply to all contracts relating to the delivery of goods by a consumer or contractor (hereinafter referred to as “Customer”) with the Seller in respect of the Seller Online store presents illustrated goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.4 Subject of the contract may be – depending on the product description of the seller – both the purchase of goods by means of a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of the subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller can accept the offer of the customer within five days,
- By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 By selecting the payment method “Amazon Payments”, payment will be processed by the payment service Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.6 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.7 Prior to the binding submission of the order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
Which you can see HERE.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.3 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment takes place in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his claim for payment. Secupay AG collects the invoice amount from the customer’s credit card account. In the case of assignment, only secupay AG can be made debt-discharging. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries even when selecting the payment method credit card payment via secupay AG. to the goods, delivery time, dispatch, returns, complaints, revocation declarations and -zusendungen or credits.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Pickup is not possible for logistical reasons.
5.4 Vouchers will be given to the customer as follows:
- by download
- by email
6) Contract duration and contract termination for subscription contracts
6.1 Subscription contracts are concluded indefinitely and may be terminated by the customer at the end of each month.
6.2 The right to extraordinary termination for cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part cannot reasonably be expected to continue the contractual relationship until the agreed termination or expiry of a period of notice.
6.3 Terminations must be made in writing or in text form (eg by e-mail).
7) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9) Redemption of action vouchers
9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the vendor’s online shop and only within the specified period.
9.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
9.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
9.4 Per order, only one action voucher can be redeemed.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
9.7 The balance of an action voucher will not be paid in cash or interest.
9.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.
9.9 The action coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
10.3 Gift Vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible.
10.4 When placing an order, several gift vouchers can be redeemed.
10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference.
10.7 The credit of a Gift Certificate will not be paid in cash or interest.
10.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
11) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.