Terms of service

General Terms and Conditions (GTC) and Consumer Information

Version: 06/2018

General Terms and Conditions and consumer information for purchase contracts concluded via the online shop between www.stifteliebe.de Thomas Gascoigne – hereinafter "Seller" – and the customer – hereinafter "Customer".

§ 1 Scope and general information

(1) Subject to individual arrangements and agreements, which take precedence over these GTC, the business relationship between the Seller and the Customer is governed exclusively by the following General Terms and Conditions. Unless otherwise agreed, the inclusion of the Customer's own terms is hereby objected to.

(2) The Customer is a consumer insofar as they conclude the contract for purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activity. By contrast, an entrepreneur is any natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

§ 2 Conclusion of contract

(1) The contract is concluded with:

www.stifteliebe.de Thomas Gascoigne, An der Fleschermühle 19, 87509 Immenstadt, Germany

(2) The essential characteristics of the goods follow from the respective product description provided by the Seller.

(3) All offers in the Seller's online shop constitute merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. Once the Seller has received the Customer's order, the Customer is first sent a confirmation that their order has reached the Seller, generally by e-mail (order receipt confirmation). This confirmation does not yet constitute acceptance of the order. After receipt of the Customer's order, the Seller will review it promptly and inform the Customer within 2 working days whether the order is accepted (order confirmation). The ordering process in the Seller's online shop works as follows:

(4) The Customer can select products from the Seller's range and collect them in a shopping cart using the "Add to cart" button. By clicking the "Cart" button, the Customer obtains an overview of the selected products. Using the "Buy now" button, the Customer submits a binding request to purchase the goods in the cart. Before submitting the order, the Customer can at any time review and change the order entered and the data provided using the browser's "Back" and "Forward" arrow functions. The request can only be submitted and transmitted if the Customer accepts these contractual terms by clicking the "Accept GTC" button, thereby incorporating them into their request. The Seller then sends the Customer an automatic acknowledgement of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic acknowledgement of receipt merely documents that the Customer's order has reached the Seller and does not constitute acceptance of the request. The contract is only concluded upon the Seller's declaration of acceptance, which is sent in a separate e-mail.

§ 3 Subject matter of the contract, condition, delivery, availability of goods

(1) The subject matter of the contract is the goods and services specified by the Customer in the order and named in the order receipt confirmation and/or order confirmation, at the final prices stated in the online shop. Errors and mistakes there are reserved, particularly as regards the availability of goods.

(2) The condition of the goods ordered follows from the product descriptions in the online shop. Images on the website may under certain circumstances reproduce the products only imprecisely; colors in particular may deviate considerably for technical reasons. Images serve merely as illustrative material and may differ from the product. Technical data and descriptions of weight, dimensions and performance are stated as precisely as possible but may show the customary deviations. The characteristics described here do not constitute defects in the products delivered by the Seller.

(3) If no units of the product selected by the Customer are available at the time of the Customer's order, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.

(4) If the product designated by the Customer in the order is only temporarily unavailable, the Seller will likewise inform the Customer of this without delay in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. Furthermore, in this case the Seller is also entitled to release themselves from the contract. In doing so, the Seller will promptly refund any payments already made by the Customer.

§ 4 Delivery, prices, shipping costs

(1) Handover to the shipping company takes place no later than two days after receipt of payment; in the case of payment by cash on delivery, no later than two days after the order confirmation. The delivery time is up to five days. The Seller indicates any differing delivery times on the respective product page.

(2) Delivery is made to the countries listed on our shipping page. Beyond this, deliveries to further countries are possible on request in individual cases — please contact us about this before placing your order.

(3) All item prices include statutory VAT. The prices stated are final retail prices plus shipping costs. The Customer receives an invoice showing VAT separately.

§ 5 Payment

Payment is made in advance (PayPal, credit cards, Apple Pay, Google Pay, Shopify Payments).

§ 6 Transport damage

(1) If goods are delivered with obvious transport damage, the Customer is asked to report these faults to the carrier immediately and to contact the Seller as soon as possible.

(2) Failure to make such a complaint or to make contact has no consequences whatsoever for the Customer's statutory warranty rights, but helps the Seller to assert their own claims against the carrier or the transport insurer.

§ 7 Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).

(2) A guarantee exists for goods delivered by the provider only if this was expressly given in the order confirmation for the respective item.

(3) Complaints and claims for defects may be submitted to the address stated in the provider identification.

§ 8 Retention of title

The goods delivered remain the property of the Seller until payment has been made in full.

§ 9 Liability

The statutory provisions apply.

§ 10 Contract text

The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions at any time in their customer account. The order data and the GTC are sent to the Customer by e-mail. After completion of the order, the order data is no longer accessible via the internet for security reasons.

§ 11 Right of withdrawal for digital content

Consumers are generally entitled to a statutory right of withdrawal. However, this expires prematurely in the case of contracts for the supply of digital content not supplied on a tangible medium (e.g. online courses, downloads) if we have begun performance of the contract after the consumer has expressly consented to us beginning performance of the contract before the expiry of the withdrawal period, and has at the same time confirmed their awareness that, by giving this consent, they lose their right of withdrawal once performance of the contract begins.

§ 12 Final provisions

(1) The contract language is German.

(2) Contracts between the Seller and the Customer are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn from the Customer.

(3) If the Customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's registered office. This also applies if the Customer has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is not known at the time the action is brought.

Source: http://www.rechtsanwalt-metzler.de

(End of the GTC)