Sales, Delivery, and Payment Terms www.stahldeko-shop.com
General Terms www.stahldeko-shop.com
The terms and conditions of sale, delivery, and payment for our online offer at www.stahldeko-shop.com are binding upon submitting your
order.
Terms and Conditions
1 Subject of the Contract
1.1 The following general terms and conditions apply to all deliveries by Stahldeko - Metalldesign, Alexander Veselov & Evgeni Kusnezov, Waldstraße 14, 91448 Emskirchen, Fax: 09104/8228399 ("Seller") to its customers. These terms and conditions apply to consumers in accordance with § 13 BGB unless it is expressly stated that they are only to apply to business customers. A consumer under § 13 BGB is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.2 The application of differing terms and conditions of customers is expressly rejected. These only apply if and insofar as their application has been expressly agreed upon.
2 Conclusion of the Contract
2.1 The presentation of goods on the seller's website is not an offer to conclude a contract, but an invitation for the customer to make an offer (invitatio ad offerendum). Only the completion of the ordering process represents a legally binding offer to conclude a contract by the customer (order). To place an order, the customer can click on the appropriate button in the product view to place the product in the electronic shopping cart. Possible options such as color, size, and quantity may be available. The order can be initiated by clicking on the shopping cart button, which takes the customer to the electronic shopping cart. An overview of the product selection is provided there. The customer has the option to make changes to the selection or to remove products from the selection. The customer can also cancel the order at any time. The order is continued by the customer entering his name, address, and other requested customer data, selecting the payment options. The order is completed at the end of the order form by pressing the button "order with obligation to pay" or another button with a corresponding label. The receipt of the order is immediately confirmed by the seller with a confirmation email. The receipt confirmation does not constitute an acceptance of the order.
2.2 In general, the seller's product range only includes available goods. However, the seller reserves the right to check availability upon receipt of the order and will immediately inform the customer and immediately refund any payments already made by the customer if the ordered goods should exceptionally not be available.
2.3 The contract text is not saved. The terms and conditions can be viewed at any time on the seller's website. The order data is sent by email to the email address provided during the order. After completing the order, the order data is no longer accessible.
3 Payment Terms
3.1 The customer has the option to choose from various payment methods unless a specific payment method is specified. The available payment options can be viewed on the seller's website.
3.2 The goods are only shipped against advance payment unless otherwise agreed. If the goods are shipped on account, the purchase price is due immediately without deduction.
3.3 The customer only has a right of set-off if his counterclaim has been legally established or is undisputed. The customer is only entitled to assert a right of retention for counterclaims arising from this contractual relationship.
4 Retention of Title
4.1 The sold goods remain the property of the seller until the purchase price has been paid in full. The buyer undertakes to treat the goods with care until the transfer of ownership.
4.2 The buyer must immediately notify the seller of any seizures, insolvency, damage or loss of the goods, as well as any change of ownership.
5 Delivery, Shipping Costs
5.1 Delivery takes place, unless other delivery times are indicated, within five working days. The freight, delivery, and shipping costs can be viewed on the website menu under the corresponding link.
5.2 Regarding sales packaging filled by the seller for the first time and delivered to private end consumers, the seller has joined the nationwide return system of the to ensure compliance with the legal obligations under § 6 VerpackV. Therefore, you can dispose of these packaging with household waste. More information can be found under.
6 Right of Withdrawal for Consumer Customers
For consumer customers as defined in § 13 BGB, i.e., natural persons who enter into a legal transaction for purposes that can neither be attributed to their commercial nor their independent professional activity, the following applies:
Exemptions: The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for which the consumer has made a decisive choice or determination or which are clearly tailored to the personal needs of the consumer or which can perish quickly or whose expiration date would be exceeded quickly. The same applies to goods that, due to their nature, have been inseparably mixed with other items after delivery.
7 Warranty
7.1 The warranty is based on statutory regulations.
7.2 For the purchase of used items, the limitation period is 12 months, calculated from the delivery of the item.
7.3 Exclusively for business customers, the following applies:
The assertion of warranty claims requires that the customer has properly fulfilled his inspection and notification obligations in accordance with § 377 HGB. The limitation period for defect claims is 12 months from the transfer of risk. If the subject matter of the contract is a used item, the warranty is excluded. This does not apply if a quality guarantee exists or if there is liability due to malice.
8 Liability
8.1 The seller is fully liable for intent or gross negligence as well as for the absence of a guaranteed characteristic.
8.2 In the case of slight negligence, the seller is fully liable in the event of injury to life, body, or health. If the seller is in default due to slight negligence, if impossibility exists or if there is a significant breach of duty, liability is limited to the typical, foreseeable damage.
8.3 Otherwise, liability is excluded, with the exception of mandatory liability under the Product Liability Act.
9 Transfer of Risk
Exclusively for business customers, the following applies: Unless otherwise agreed, delivery is "ex works".
10 Other Provisions
10.1 The assignment of claims requires the seller's consent.
10.2 German law applies to the contractual relationships of the parties, excluding the UN Sales Convention. The applicability of mandatory consumer protection provisions of the country of origin remains unaffected by this.
10.3 Exclusively for business customers, the following applies: The place of jurisdiction for all disputes is the seller's place of business.
1.1 The following general terms and conditions apply to all deliveries by Stahldeko - Metalldesign, Alexander Veselov & Evgeni Kusnezov, Waldstraße 14, 91448 Emskirchen, Fax: 09104/8228399 ("Seller") to its customers. These terms and conditions apply to consumers in accordance with § 13 BGB unless it is expressly stated that they are only to apply to business customers. A consumer under § 13 BGB is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.2 The application of differing terms and conditions of customers is expressly rejected. These only apply if and insofar as their application has been expressly agreed upon.
2 Conclusion of the Contract
2.1 The presentation of goods on the seller's website is not an offer to conclude a contract, but an invitation for the customer to make an offer (invitatio ad offerendum). Only the completion of the ordering process represents a legally binding offer to conclude a contract by the customer (order). To place an order, the customer can click on the appropriate button in the product view to place the product in the electronic shopping cart. Possible options such as color, size, and quantity may be available. The order can be initiated by clicking on the shopping cart button, which takes the customer to the electronic shopping cart. An overview of the product selection is provided there. The customer has the option to make changes to the selection or to remove products from the selection. The customer can also cancel the order at any time. The order is continued by the customer entering his name, address, and other requested customer data, selecting the payment options. The order is completed at the end of the order form by pressing the button "order with obligation to pay" or another button with a corresponding label. The receipt of the order is immediately confirmed by the seller with a confirmation email. The receipt confirmation does not constitute an acceptance of the order.
2.2 In general, the seller's product range only includes available goods. However, the seller reserves the right to check availability upon receipt of the order and will immediately inform the customer and immediately refund any payments already made by the customer if the ordered goods should exceptionally not be available.
2.3 The contract text is not saved. The terms and conditions can be viewed at any time on the seller's website. The order data is sent by email to the email address provided during the order. After completing the order, the order data is no longer accessible.
3 Payment Terms
3.1 The customer has the option to choose from various payment methods unless a specific payment method is specified. The available payment options can be viewed on the seller's website.
3.2 The goods are only shipped against advance payment unless otherwise agreed. If the goods are shipped on account, the purchase price is due immediately without deduction.
3.3 The customer only has a right of set-off if his counterclaim has been legally established or is undisputed. The customer is only entitled to assert a right of retention for counterclaims arising from this contractual relationship.
4 Retention of Title
4.1 The sold goods remain the property of the seller until the purchase price has been paid in full. The buyer undertakes to treat the goods with care until the transfer of ownership.
4.2 The buyer must immediately notify the seller of any seizures, insolvency, damage or loss of the goods, as well as any change of ownership.
5 Delivery, Shipping Costs
5.1 Delivery takes place, unless other delivery times are indicated, within five working days. The freight, delivery, and shipping costs can be viewed on the website menu under the corresponding link.
5.2 Regarding sales packaging filled by the seller for the first time and delivered to private end consumers, the seller has joined the nationwide return system of the to ensure compliance with the legal obligations under § 6 VerpackV. Therefore, you can dispose of these packaging with household waste. More information can be found under.
6 Right of Withdrawal for Consumer Customers
For consumer customers as defined in § 13 BGB, i.e., natural persons who enter into a legal transaction for purposes that can neither be attributed to their commercial nor their independent professional activity, the following applies:
| Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the bracket, took possession of the last goods. To exercise your right of withdrawal, you must inform us (Stahldeko - Metal Design, Alexander Veselov & Evgeni Kusnezov, Waldstraße 14, 91448 Emskirchen, Tel.: +49 9104/8238187, Fax: +49 9104/8228399, E-Mail: info@stahldeko.de) by means of a clear declaration (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient to send your communication about your exercise of the right of withdrawal before the withdrawal period expires. Consequences of Withdrawal If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received your decision to withdraw from this contract. For this repayment, we will use the same payment method that you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You will bear the direct costs of returning the goods. You will only have to pay for any diminished value of the goods if this loss of value is due to handling that is not necessary to ascertain the nature, characteristics, and functioning of the goods. End of Withdrawal Instructions |
Exemptions: The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for which the consumer has made a decisive choice or determination or which are clearly tailored to the personal needs of the consumer or which can perish quickly or whose expiration date would be exceeded quickly. The same applies to goods that, due to their nature, have been inseparably mixed with other items after delivery.
7 Warranty
7.1 The warranty is based on statutory regulations.
7.2 For the purchase of used items, the limitation period is 12 months, calculated from the delivery of the item.
7.3 Exclusively for business customers, the following applies:
The assertion of warranty claims requires that the customer has properly fulfilled his inspection and notification obligations in accordance with § 377 HGB. The limitation period for defect claims is 12 months from the transfer of risk. If the subject matter of the contract is a used item, the warranty is excluded. This does not apply if a quality guarantee exists or if there is liability due to malice.
8 Liability
8.1 The seller is fully liable for intent or gross negligence as well as for the absence of a guaranteed characteristic.
8.2 In the case of slight negligence, the seller is fully liable in the event of injury to life, body, or health. If the seller is in default due to slight negligence, if impossibility exists or if there is a significant breach of duty, liability is limited to the typical, foreseeable damage.
8.3 Otherwise, liability is excluded, with the exception of mandatory liability under the Product Liability Act.
9 Transfer of Risk
Exclusively for business customers, the following applies: Unless otherwise agreed, delivery is "ex works".
10 Other Provisions
10.1 The assignment of claims requires the seller's consent.
10.2 German law applies to the contractual relationships of the parties, excluding the UN Sales Convention. The applicability of mandatory consumer protection provisions of the country of origin remains unaffected by this.
10.3 Exclusively for business customers, the following applies: The place of jurisdiction for all disputes is the seller's place of business.