Terms of service
General Terms and Conditions
The following terms and conditions apply to all orders through our online store by consumers and entrepreneurs.
Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts when concluding a legal transaction in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partners, conclusion of contract, correction options
The purchase contract is concluded with Pascal Schmidt & Oliver Stammler GbR.
With the placement of the products in the online store, we make a binding offer to conclude a contract on these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded by clicking the order button to accept the offer over the goods contained in the shopping cart. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our terms and conditions in text form. The contract text is no longer ünglich over the Internet for security reasons.
4. Terms of delivery
In addition to the stated product prices may still be shipping costs. More provisions on any applicable shipping costs, you will find in the offers.
We deliver only by mail order. A self-collection of the goods is unfortunately not possible.
In our store, you are in principle the following payment methods available:
When selecting the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort by Klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately thereafter by Sofort and your account debited.
In order to be able to pay the invoice amount via Apple Pay, you must use the browser "Safari", be registered with the service provider Apple, have activated the function Apple Pay, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
To be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the function Google Pay, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the purchase on account as a payment option. Please note that Klarna invoice are only available for consumers and that the payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here.
6. Right of withdrawal
You are entitled to the statutory right of withdrawal, as described in the cancellation policy.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you fail to meet your payment obligations.
8. Transport damage
For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. Sending a complaint or contacting us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and notify as set forth in 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory defect liability law applies.
For the purchase of goods used by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the defect claims are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made under the exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) shall remain unaffected.
Only our own information and the manufacturer's product descriptions included in the contract shall apply as an agreement with entrepreneurs regarding the quality of the goods; we shall not accept any liability for public statements by the manufacturer or other.
If the delivered item is defective, we shall first provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents; In the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraud
• in the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a warranty promise, if agreed, or
• Insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.
For claims due to damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in case of injury to life, limb; • in the event of intentional or grossly negligent breach of duty
• in the event of warranty promises, if agreed, or
• Insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely; (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Terms and Conditions created with rechtsstexter.de.