Terms and Conditions
1. Scope, contractual partner, delivery area
2. Conclusion of contract, delivery restrictions, customer area
3. Prices, shipping, costs
4. Payment methods and retention of title
5. Delivery and transfer of risk
6. Right of withdrawal
7. Rights of the customer in the event of defects
8. Liability for damages
9. Choice of law, dispute settlement, place of jurisdiction
1. Scope, contractual partner, delivery area
(1) These General Terms and Conditions (GTC) apply to all contracts between you as a customer and us as the operator of the STEHMANN E-Store (www.stehmann-store.com) be completed. As part of the ordering process, you accept the terms and conditions in the version applicable at the time of placing the order.
(2) The operator of the STEHMANN E-Store and your contractual partner is: STEHMANN MODE GMBH
HANSASTRASSE 22
D- 90766 Fuerth
Germany. Please contact us if you have any questions, requests or complaints: E-Mail: info@stehmann.de
(3) The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version. Via links in the STEHMANN E-Store you can call up the terms and conditions when ordering, save them on your computer and / or print them out. The general terms and conditions relevant to your order will also be sent to you separately by us, at the latest when the goods are delivered, on a permanent data carrier (e.g. by email, PDF attachment or paper printout).
(4) Our product presentation in the STEHMANN E-Store is aimed exclusively at consumers who have their habitual residence (place of residence / billing address) in one of the following countries and who can also provide a delivery address in the same country: Belgium, Germany, the Netherlands, Austria. You can select the country of your billing and delivery address as well as your preferred language via a corresponding country selection in our e-store. There are no further delivery restrictions. You can find more information on this on the delivery information page of our STEHMANN E-store.
(5) According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Conclusion of contract, delivery restrictions, customer area
(1) Our product presentation in the STEHMANN E-Store does not yet contain a binding sales offer. The offer to conclude a purchase contract is made by you as a customer by clicking on the button " Buy Now '' after placing items in the shopping cart and completing the order page. Before doing this, you can view and change your order at any time using the shopping cart button. Before submitting your order, you can also check and change your details about the delivery and payment modalities again. You are bound to your order for 7 days, i.e. the contract is binding if we accept your order within this period.
(2) After submitting the order, you will receive an automated e-mail confirming that we have received the order (order confirmation), but this does not yet constitute acceptance of the contract. We declare acceptance of the contract by separate e-mail as soon as the goods leave our warehouse (shipping confirmation = contract confirmation). The shipping confirmation contains a shipment number with a tracking link, which you can use to track the status of your order at any time, as well as via your personal customer area.
(3) If your order includes several items, the contract will only be concluded for those items that are listed in our shipping confirmation. Your statutory right of withdrawal remains unaffected in this case.
(4) The above also applies if you have already paid the purchase price or have instructed you to pay based on the payment method you have chosen. If the contract does not materialize in this case for whatever reason, we will notify you of this by email (in the case of partial acceptance of the contract together with the shipping confirmation for the available items) and refund the advance payment immediately.
(5) The contract is concluded in accordance with the languages available for selection in our STEHMANN E-store. The text of the contract (consisting of the order, terms and conditions and shipping confirmation) will be saved by us while safeguarding data protection and will be sent to you by email. You can also view your current orders in your personal customer area (my account) and, depending on availability, use other functionalities (e.g. data management, preferences, wish list) as a non-binding service offer. We are entitled at any time to change, expand, restrict or completely discontinue the functionalities offered in the customer area and, in particular in the event of suspected abuse, to permanently or temporarily block certain customer accounts.
(6) If you set up a personal customer account and want to register as a customer, your personal data and a password that you can choose will be requested and processed by us in accordance with the statutory provisions (see in detail section XII.2. of our data protection declaration). Your customer area is only accessible with your confidential password. Declarations and actions that are made or committed under your name after logging in with the password can be attributed to you even if you are not aware of them. In particular, you will be attributed if you intentionally or negligently provide third parties (including family members) with access to your password or your customer area. In order to avoid misuse, you are therefore obliged to treat the password confidentially, to keep it inaccessible to third parties and to log out of the customer area after each session. If you suspect abuse, especially if you receive a confirmation of an order that you have not authorized, please contact us immediately and change your password. In the event of a dispute, simplifications of evidence apply in our favor according to the principles of prima facie evidence.
3. Prices, shipping, costs
(1) The purchase prices quoted in our STEHMANN E-Store include the statutory value added tax and all other price components (gross price). They do not include any costs for the selected means of payment and shipping costs in EURO or the currency specified. The price calculation is based on the VAT rate applicable in the respective main delivery area (selectable billing address (es)). After entering the delivery address, a recalculation may take place in accordance with the statutory provisions, but this has no effect on the gross price and the amount of your payment obligation.
(2) We only deliver to delivery addresses within the delivery area specified in Section 1 (4). Information on the shipping methods available in the various delivery countries, including delivery times and shipping costs, can be found on the Help page of our e-store. All specific costs and the VAT included in the price will be displayed in the STEHMANN E-Store immediately before you place your order.
4. Payment methods and retention of title
(1) To pay the purchase price, we generally offer the following payment methods in the entire delivery area: Credit card (e.g. Visa, MasterCard) Klarna, Bancontact and PayPal. If necessary, you can also use a voucher for (partial) payment by entering the corresponding voucher code.
(2) Most payment methods require the customer to register with the respective payment provider according to their conditions, so that an identity and / or credit check may be required, for example. If the selected payment method is not available in individual cases, you will be redirected to the ordering process so that you can make another selection. We reserve the right to charge costs for individual payment methods in accordance with the statutory provisions. Your respective payment account is charged when you place the order. With credit card payments and direct debit, your account will only be debited when the goods are dispatched. Further information can be found on the Help page of our STEHMANN E-Store and in our data protection declaration (Section XII.3.).
(3) Insofar as we offer purchase on account as a payment option in cooperation with Klarna AB (publ), Sveavägen 46, S-111 34 Stockholm, the payment period is 14 days from dispatch of the goods or receipt of the corresponding invoice. Payment is made directly to Klarna, we remain responsible for everything else (customer inquiries, revocations, complaints, etc.). Please note that Klarna may also be entitled to charge dunning costs in the event of default in payment if you return the goods to us within the 30-day period. We therefore recommend that you carry out returns when purchasing on account within the payment period or request an extension of the payment period from Klarna.
(4) We reserve title to the delivered goods until the invoice amount of a delivery has been paid in full (final and unconditional credit to our account).
5. Delivery and transfer of risk
(1) The delivery of the goods to the agreed address takes place in accordance with the statutory provisions. We bear the risk of loss or damage to the goods on the way to you and are covered by an appropriate insurance policy.
(2) Delivery times specified by us are calculated from the time of our dispatch confirmation. If no or no different delivery time is specified for the respective goods in the STEHMANN E-Store, the information on the Help page of our E-Store applies.
(3) If we cannot meet a binding delivery time for reasons for which we are not responsible (unavailability of the goods, e.g. due to a lack of self-delivery by upstream suppliers or force majeure), we will inform you of this immediately, if necessary stating the new expected delivery time. If the new delivery time is not acceptable to you or the goods are also not available within the new delivery time or not at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, we will immediately reimburse any consideration that has already been paid. The legal rights of the contracting parties remain unaffected.
(4) Should the delivery of the goods fail despite multiple attempts for reasons for which we are not responsible, we can withdraw from the contract. Any payments you have already made will be reimbursed to you immediately. The legal rights of the contracting parties remain unaffected.
6. Right of withdrawal
(1) When concluding a distance selling transaction, consumers have a statutory right of withdrawal, about which we will inform you below in accordance with the statutory provisions. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a sample withdrawal form. We have extended the statutory withdrawal period of 14 days to 30 days. Further deviations or clarifications from statutory law that are advantageous for you can be found in paragraph (4).
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving reasons. The cancellation period is thirty days from the day on which you or a third party named by you who is not a carrier has taken possession of the last goods or partial shipment of your order.
In order to exercise your right of withdrawal, you must contact us
STEHMANN MODE GMBH
HANSASTRASSE 22
D- 90766 Fuerth
Germany, e-mail: info@stehmann.de, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. You can find further options for declaring your revocation in paragraph 4.4.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within thirty days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to our warehouse (Logsta Germany GmbH, Elbestraße 2, 84453 Mühldorf am Inn, Germany) immediately and in any case no later than thirty days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of thirty days has expired.
You bear the direct costs of returning the goods. This does not apply if you send the delivery back via GLS. You received the link to print out the return label in the shipping confirmation email.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their quality, properties and functionality.
(2) Exclusion of the right of withdrawal
The right of withdrawal can be excluded in certain cases. According to the statutory regulation, it does not apply to:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. in the case of individualization of products)
(3) We provide information on the sample cancellation form in accordance with the statutory provisions as follows. However, it does not have to be used:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To STEHMANN MODE GMBH
HANSASTRASSE 22
D- 90766 Fuerth
Germany
email: info@stehmann.de:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
- date
(*) Delete where inapplicable
(4) In addition to or clarification of the statutory regulation, the following applies:
In all cases, you can also declare your withdrawal before delivery.
As long as the right of withdrawal is not excluded according to the legal regulation, you can only exercise the withdrawal with regard to individual goods ordered and delivered together and keep the remaining goods.
In the case of partial deliveries of several goods ordered at the same time, the cancellation period begins with the delivery of the last goods. If only one product is delivered, the withdrawal period begins with the delivery of this product.
You can also exercise your right of withdrawal by sending us the goods in question via GLS within the withdrawal period; a separate declaration is then not required. If you want to complain about an error or the like, please make an appropriate note either on the return slip or in another way.
If you make use of your right of withdrawal, the return of the goods in question is free of charge for you if you print out and use the GLS return label, which can be called up via the link "Return this package" in the shipping confirmation email. Otherwise you bear the direct costs of returning the goods yourself.
You can find brief instructions on "How to send your parcel back with GLS" here.
7. Rights of the customer in the event of defects
(1) Your rights in the event of material defects and defects of title are determined by the statutory provisions, unless otherwise specified below.
(2) The product descriptions in our STEHMANN E-Store and, if applicable, product details and notes that are delivered together with the goods apply as agreements on the quality. Please take note of such information before you decide to keep the goods.
(3) We are only liable for damages in accordance with Section 8. Your statutory right of withdrawal (see Section 6) remains unaffected.
8. Liability for damages
(1) We are liable for damages in accordance with the statutory provisions, unless otherwise specified below.
(2) In the event of a breach of duty for whatever legal reason, we are responsible for intent and gross negligence. In the event of simple negligence, we are only liable:
for damage resulting from injury to life, limb or health and
for damage resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
(3) The above limitations of liability also apply to breaches of duty by persons whose fault we are responsible for in accordance with the statutory provisions. Your statutory claims under the Product Liability Act remain unaffected in all cases.
9. Choice of law, dispute settlement, place of jurisdiction
(1) The law of the Federal Republic of Germany applies to these terms and conditions and the contractual relationship. The statutory provisions restricting the choice of law remain unaffected. In particular, the choice of law must not lead to the consumer being deprived of the protection that would be granted to him without the choice of law by the mandatory provisions in the country of his habitual residence.
(2) We endeavor to settle any differences of opinion arising from the contractual relationship with our customers amicably. However, we are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. We will make a binding decision on this in individual cases after the dispute has arisen. We will inform you of our decision in accordance with the statutory provisions together with the contact details of a consumer arbitration board responsible for you if the dispute could not be resolved directly. In addition, the European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/
(3) Ordinary legal recourse remains open to both parties. The statutory provisions apply to the place of jurisdiction.
Status: May 2021
