The following General Terms and Conditions contain legal information about your rights in accordance with regulations on remote sales and electronic commerce contracts.
The following GTC shall apply for all deliveries by Heidemann und Klein GbR — Stellavie to customers (consumer as defined by § 13 BGB).
2. Contracting party
Sales contracts shall be concluded with Heidemann und Klein GbR — Stellavie, represented by Steffen Heidemann and Viktoria Klein, Arnkielstr. 16, 22769 Hamburg, Germany. For any questions, complaints or returns, please contact us at email@example.com
3. Data protection
All personal information supplied by you (name, address, email address, phone number, etc.) shall be collected, processed and stored strictly in accordance with the provisions of German data protection law. Your personal data shall be used solely for concluding the contract between us insofar as data is required to establish, draft or modify the contract (inventory data), such as for the delivery of goods to the address provided by you or for invoicing. No further use of your data shall occur for advertising, market research, etc. For more information, please contact us at firstname.lastname@example.org
4. Offer and conclusion of contract
The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to place an order. All offers are valid "while stocks last", if not stated otherwise in the product description. It should be noted that errors in may occur. Since our products are not mass produced negligible deviations may occur from the catalogue pictures and information in the product descriptions. You can select items from our product range and place your chosen items in the shopping cart. The contents of the cart can be changed at any time by adding or deleting products, or by altering the quantity of an item in the cart. You can identify any errors in the information provided while placing your order by checking the order summary and correct any errors found via the delete and change functions before proceeding to the checkout. By clicking the "confirm order" button you are making a binding declaration of intent pursuant to § 145 German Civil Code (BGB) to order the products listed in the shopping cart. The sales contract shall be deemed concluded when we accept your order by issuing an order confirmation via email immediately after receiving your order, or if we make delivery immediately after receiving the order.
5. Right of cancellation
As a consumer, you have a statutory right of cancellation. To view the requirements and legal consequences of cancellation, please see the cancellation clause.
6. Prices and shipping costs
The prices listed on the products page include VAT and other price components. In addition to the listed prices we charge shipping costs for delivery. The shipping costs shall be clearly indicated on the product pages, in the shopping cart system and on the order page. Other taxes or costs shall not apply.
We ship worldwide via air mail plus registered service (shipments need to be signed for, tracking). Runtime usually takes 2-5 days from Germany to the country of destination plus another 5-25 days to the final destination. If we are unable to deliver a product ordered on time, because of a delay on the part of our suppliers, we shall inform you immediately. In such a case, you are entitled to either wait for the product ordered or cancel your order. In the event you decide to cancel the order, any payments made shall be refunded without delay.
Payment is due immediately upon order. Payment shall be made in advance or via PayPal. In case of advance payment, we shall provide our bank details in the order and deliver the goods in accordance with the aforementioned delivery time upon receipt of payment. The right of set off shall only apply if your counterclaims have been declared res judicata or recognised by us in writing. The right of retention may only be enforced if the claims arise from the same contract.
9. Retention of title
The goods shall remain our property until full payment has been received.
We have unlimited liability in accordance with legal provisions for injury to life, body or health caused by a negligent or wilful breach of duty by us, our legal representatives or our agents, or for damages that are covered by liability under the Product Liability Act. For damages that are not covered by clause 1, which are due to a wilful or grossly negligent breach of contract or fraudulent intent on our part, our legal representatives or our agents, we shall be liable pursuant to legal regulations. In this case, however, our liability for damages shall be limited to such losses as are foreseeable and typical of such circumstances, provided that neither we, our legal representatives or our agents have acted with wilful intent. Included in the scope of this warranty is our liability for the quality of the goods or parts thereof but only to the extent to which we have given a guarantee. However, we shall only be liable for damages due the absence of the guaranteed quality, which do not directly affect the goods, if the risk of such damage is clearly covered by the guarantee of quality. We shall also be liable for damages caused by slight negligence where the negligence pertains to the breach of a contractual obligation, the compliance of which is essential for the attainment of the purpose of the contract. However, we shall only liable if the damage is typical and foreseeable for the type of contract. Any further liability is excluded, irrespective of the legal basis of the asserted claim; this shall apply in particular to tort claims and claims for expenses in vain. In the event that our liability is excluded or limited, this same shall also apply to the personal liability of our employees, representatives and agents.
11. Final provisions
Any amendments or additions to these Terms and Conditions must be made in writing. This also applies for the waiver of this requirement of written form. The law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply. Mandatory provisions of the country in which you reside shall remain unaffected.
The place of jurisdiction for all disputes shall be our headquarters in Hamburg. The same shall apply if you have no general jurisdiction in Germany or relocate your residence abroad after conclusion of the contract, or your residence at the time of the filing of legal action is unknown.
If any provision of this contract is invalid or is in conflict with legal provisions, this shall not affect the remaining provisions of the contract. The invalid provision shall be replaced by the contracting parties with a valid provision, which comes closest to the commercial purpose of the invalid provision. The above shall also apply in case of an omission.
Date / August 2016