General Terms and Conditions of the Stölzle Lausitz Shop

Stölzle Lausitz GmbH
Berliner Str. 22-32, D-02943 Weißwasser/O.L. / Germany
Limited liability company with registered office in Weißwasser
AG Dresden HRB 13754
Managing directors: Leopold Grupp, Ronald Brieger, Vincenz Waldstein-Wartenberg
Ust-Ident-Nr. according to § 27a Umsatzsteuergesetz: DE181474434
Responsible for content according to §§ 5 TMG, 55 Abs.2 RStV: Leopold Grupp
+49 (0) 3576 268-0
+49 (0) 3576 268-249
info@stoelzle-lausitz.com

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The legally required instruction on the right of withdrawal in distance selling for consumers can be found under item 6. of these General Terms and Conditions. The definition of the term "consumer" can be found in section 1.2 of these General Terms and Conditions.

For the storage of these documents and for inspection possibilities of the essential parts of the contract, please refer to Clause 2 of these General Terms and Conditions.

We also seek customer-oriented solutions in legal matters. You can simply call us. Of course, you retain your rights without restriction even if you do not call us. The legislator obliges especially online providers to numerous notes on the contract and the applicable conditions. We have compiled these notes and our other conditions on the conclusion of the purchase contract, on the consumer's options for revoking his declarations of intent and on the shipping conditions for you below.

Overview of the General Terms and Conditions (hereinafter also: "GTC") (with legal information)

Validity
Possibility of saving and viewing the essential documents and records of the contract
Contracting party, language and conclusion of the contract
Prices, shipping costs, minimum quantity surcharge, order discounts
Payment, Delivery
Right of withdrawal
Voluntary right of return
Retention of title
Warranty and complaint management
Data protection notice
Dispute resolution for consumers
Applicable law, place of jurisdiction
Severability clause

General Terms and Conditions (GTC)

1. validity

1.1 We deliver exclusively on the basis of these General Terms and Conditions. These our General Terms and Conditions are the basis for all contracts concluded with us on the basis of the offers on our Internet store page, in particular they are an essential part of all our offers and declarations of intent therein directed towards the conclusion of a contract. General terms and conditions of the customer or potential contractual partner that conflict with or deviate from the following provisions shall not apply. The following terms and conditions shall also apply exclusively if we carry out the delivery and performance without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from the following terms and conditions; in general, the validity of general terms and conditions of the potential contractual partner for contracts with us shall be excluded without the need for an objection in the individual case.

1.2 If these Terms and Conditions refer to consumers, these are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. Entrepreneurs (commercial customers) are natural or legal persons or partnerships with legal capacity who place orders for commercial, self-employed or freelance purposes. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.

1.3 If working days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office.

2. storage possibility and inspection of contract text

2.1 We keep these GTC and the further contractual provisions, in particular the provisions on the right of withdrawal for consumers (including the associated withdrawal form) with the data of your order in the ordering process, ready for retrieval. You can easily archive this information there by either downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of your browser, or you can wait for the automatic order receipt confirmation, which we will also send to you by e-mail after completion of your order to the address you have provided. This order confirmation e-mail contains once again the contractual provisions with the data of your order and these terms and conditions and can be easily printed or saved with your e-mail program.

2.2 The course to the conclusion of the contract as well as all associated essential data and documents are stored with us, but are not directly retrievable by you for security reasons. We offer a password-protected direct access ("My Account") for each customer. Here you can manage your data and view order data with the appropriate registration. The customer undertakes to treat the personal access data confidentially and not to make it accessible to any unauthorized third party. You will find the current version of the GTC on our website.

3. contracting party, language and conclusion of contract

3.1 Your contractual partner is Stölzle Lausitz GmbH. Contracts in our Internet store can currently only be concluded in German. Our promotional offers are subject to change as long as they do not become the content of a contractual agreement.

3.2 Our offers on the Internet are binding offers to conclude a contract. You can accept this binding offer (offer to conclude a purchase agreement) via the online shopping cart system. In doing so, the goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase. By sending your order via the button "order with obligation to pay", a corresponding, legally binding purchase contract is concluded with us.

3.3 A binding contract is concluded immediately after you have sent your order if you accept a corresponding invitation and complete your order with payment via one of the online payment services offered to you by us by confirming the payment instruction or by choosing the option to pay in advance. An overview of our online payment services can be found below (cf. the following section 5.1 of these GTC).

3.4 You will receive the e-mail with the confirmation of the legally binding purchase contract with details of the selected method of payment for the goods immediately after receipt of the order.

3.5 A telephone order is bindingly accepted by us in the telephone call. You will then receive the information on the conclusion of the contract and these GTC once again to an e-mail address specified by you or together with the goods.

4. prices, shipping costs, order discounts

4.1 For orders in our Internet store, the prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable German statutory value-added tax and other price components.

Deliveries in Germany are free of shipping costs from an order value of 59 EUR. Below that, there are costs of 5.90 EUR for delivery. In addition to the stated prices, we also charge 10.90 EUR for delivery to a recipient outside of Germany or 6.90 EUR for delivery to Austria and 8.90 EUR for delivery to Spain, France or Italy and the respective value added tax valid in the country .

4.2 In the case of deliveries outside of Germany, further costs may arise upon import into a third country (customs duties, possible customs fees and import sales taxes). These other costs shall be borne by the customer. You can find more information about the fees here and about the import sales tax here and specifically for Switzerland here.

5. payment, delivery

5.1 We offer the following payment options:
For customers in Germany:

by prepayment - you transfer the invoice amount in advance to our account. You will receive the transfer details after completing the order.
via PayPal - You pay the invoice amount via the online provider PayPal. You must be registered there or register first (except for guest orders via PayPal), legitimize with your access data and confirm the payment instruction to us. You confirm the payment by sending the order in our online store. You will receive further instructions on how to get to the payment provider's page during the order process.
by invoice - In case of invoice purchase via Unzer / payolution GmbH, Stiege 1 / 5th floor, Columbusplatz 7-8, A-1100 Vienna (hereinafter: "payolution") the payment is due after the goods have been delivered and invoiced. In this case the payment has to be made within 14 (fourteen) days after receipt of the invoice without deduction to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany. In this case, the seller assigns his claim from the purchase contract to Unzer E-Com GmbH, unless otherwise agreed. The payment method purchase on account requires a successful credit check. In this case, the customer can only pay Unzer E-Com GmbH with debt-discharging effect. In addition, the supplementary General Terms and Conditions apply in this respect, which the customer can call up as part of the ordering process. We reserve the right to offer the payment method purchase on account only from or up to a certain shopping cart value. We reserve the right to refuse this payment method if the value of the shopping cart falls below or exceeds the specified value. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.
by credit card - If you have selected credit card payment as a payment method, the payment will be processed by the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
by Sofortüberweisung - If you have selected Sofortübweisung as payment method, the payment will be processed by the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
by SEPA direct debit - If you have selected SEPA direct debit as payment method, the payment will be processed by the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.

For customers outside Germany:

by prepayment (details above)
Paypal (see details above)

5.2 We use DPD, DHL, UPS and half-pallet for postal shipments and for forwarding shipments. Shipments to P.O. boxes or post-stored shipments are not possible. Unless otherwise agreed, delivery shall be made by forwarding agent free curbside, to the delivery address specified by the customer. Furthermore, there is the possibility of delivery to a parcel store of DPD and possibly their partners. You will receive a message from us when the goods have left our house. Deliveries to so-called Packstations we can only deliver in exceptional cases. If the delivery was not successful, you will usually receive a message from the carrier, from which the further possibilities arise.

5.3 If you have ordered several items with different delivery times, we strive for a complete delivery. If there is a considerable difference, we will exceptionally and as far as this is reasonable for you, deliver the already deliverable items to you in advance. The shipping costs will not increase for you.

5.4 The delivery time shall be reasonably extended in the event of strikes and lockouts affecting the delivery as well as other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure. We shall notify the Buyer of the beginning and end of such hindrances without delay.

5.5 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass in the case of sale by dispatch upon handover of the goods to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a mail order purchase upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

6. right of withdrawal for consumers

6.1 In the following you will receive information about the requirements and consequences of the statutory right of withdrawal for mail-order purchases. A contractual granting of rights beyond the law is not associated with this. In particular, the statutory right of withdrawal is not available to commercial resellers.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must send us (Stölzle Lausitz GmbH, Berliner Str. 22-32, D-02943 Weißwasser/O.L. by means of a clear declaration (e.g. a letter sent by post or a message) about your decision to revoke this contract. You can use the model withdrawal formr. We will send you a confirmation of receipt of such revocation.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (Stölzle Lausitz GmbH / TST Logistik , Industriestr. 4, D-14959 Trebbin) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. The return of the goods is free of charge for you. You will 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 is not necessary for testing the condition, properties and functioning of the goods.

6.2 Sample for the withdrawal form

The "sample cancellation form" mentioned in the previously listed cancellation policy is reproduced below. You do not necessarily have to use it, but can also formulate your revocation yourself in any case.

Sample revocation form

(If you want to revoke the contract, please fill out this form and send it back).

To:
Stölzle Lausitz GmbH
Berlin Str. 22-32
D-02943 Weißwasser/O.L. / Germany
Fax: +49 (0) 3641 - 316 12 17
E-Mail: service@stoelzle-lausitz.com

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 consumer(s):

Signature of consumer(s) (only in case of paper communication):

Date:

(*) Delete as applicable.

6.3 Our items (made of glass) are mostly fragile and delicate items and should therefore be handled with due care. Before returning the goods, please pack them as carefully as possible, preferably in the original carton with all accessories and with all packaging components. If necessary, use a protective outer packaging.

6.4 Please note our order discounts and vouchers:
If you have received a discount for your order in the form of our order discounts or price deductions via vouchers due to the order value reached and if the order value required for the discount received falls below the original order value again due to a (partial) cancellation, you will be charged the difference resulting from the discount received compared to the original order value without this discount.

Failure to comply with the above instructions shall not affect the effective exercise of the right of withdrawal and shall not worsen your legal position.

7. voluntary right of return

(1) Voluntary right of return up to 30 days after receipt of goods
For all orders in the Stölzle Lausitz Shop, in addition to the statutory right of revocation, we grant you a voluntary right of return for a total of 30 days after receipt of the goods. With this right of return, you can release the goods from the purchase contract after the statutory 14-day revocation period has expired. However, a prerequisite for exercising the voluntary right of return is that you return the goods complete, in their original condition intact and without damage in the original sales packaging. The voluntary right of return does not apply to the purchase of gift vouchers.

(2) Use
If you wish to make use of the voluntary right of return, please register your return in our returns portal. You will then receive all further information.

(3) Refund
The refund of payments made when exercising the voluntary right of return is made via the payment method used when placing the order.

(4) Voluntary right of return and statutory right of revocation
Your statutory right of revocation shall not be affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and shall remain in force irrespective thereof. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions and those contained in the cancellation policy shall apply. Furthermore, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted.

8. reservation of title

The delivered goods remain our property until full payment of the purchase price and other claims arising from previous deliveries.

9 Warranty and complaint management

9.1 In the event of defects in the goods, the customer shall have a statutory right of liability for defects (warranty). For new goods delivered by us, the statutory warranty period of 2 years applies to consumers. The period begins with the delivery of the goods. According to the legal regulations, we are not liable, among other things, for such damages that are based in a use-related or other natural and usual wear and tear.

Of course, we shall not be liable in the above cases only if we are not responsible for the damage.

In the case of used goods, we can only provide a warranty free of charge to consumers and only within one year after delivery of the goods. In the case of delivery of used goods to entrepreneurs, the warranty is excluded.

9.2 Entrepreneurs must notify us in writing of obvious defects without delay, but at the latest within a period of 5 (five) days from receipt of the goods. In case of discovery of non-obvious defects, the obligation of immediate notification of defects shall apply, at the latest within 5 (five) days from the discovery of the defect. In order to preserve the rights of the Buyer, it is sufficient to send the notification in time. Otherwise, the goods shall be deemed approved also in view of the respective defect. Timely dispatch shall be sufficient to meet the deadline. For merchants, § 377 HGB shall apply in addition.

9.3 The limitations or exclusions of warranty liability set out in the above provisions under 8.1 and 8.2 shall expressly exclude claims for damages based on a defect arising from injury to life, limb or health resulting from a breach of duty for which we are responsible, as well as claims for damages for other losses resulting from an intentional or grossly negligent breach of duty by us. The statutory limitation period of 2 years shall apply to the claims excluded above. Limitations or exclusions of warranty claims as a whole shall not apply in the event of the assumption of a quality guarantee by us or the fraudulent concealment of a defect by us within the meaning of § 444 BGB. Any manufacturer's warranty shall also remain unaffected. In addition, the provision of § 478 BGB on dealer recourse in the sale of newly manufactured goods to a consumer shall remain unaffected. Insofar as our liability is excluded or limited or exceptions to this are regulated above, this shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.

9.4 Within the warranty period, we shall be obliged to provide subsequent performance free of charge in the event of defects that are subject to the statutory warranty, i.e. to remedy the defect or to provide a replacement delivery. Consumers as contractual partners have the choice whether, in the event of a defect, subsequent performance is to take the form of rectification of the defect or replacement delivery. We shall be entitled to refuse the type of supplementary performance chosen in the event of special conditions regulated by law, in particular if this is only possible at disproportionate cost and the other type of supplementary performance does not involve any significant disadvantages for the contractual partner. In the case of contracts with entrepreneurs, the type of subsequent performance shall be at our discretion. If we are not willing or able to remedy the defect or make a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails in any other way, you shall be entitled, at your option, to demand a corresponding reduction in the purchase price or to withdraw from the contract. If the legal requirements are met, you may also be entitled to claim damages. The withdrawal as well as the compensation for damages instead of the entire performance are also excluded if the defect only insignificantly reduces the value or the suitability of the purchased item or the work.

9.5 We attach great importance to your customer satisfaction. You can contact us at any time via one of the contact channels indicated at the beginning. We will do our best to examine your request as quickly as possible and will contact you as soon as we receive the documents or your input or complaint. In the case of complaints, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send copies of order documents or at least state your order number, customer number, etc.. If you do not receive a response from us even within 5 working days, please ask. In rare cases, e-mails may have been "stuck" in spam filters at our company or at your company, or a message may not have reached you by other means or may have been inadvertently omitted.

9.6 In case of service requests, please contact our customer service, which you can reach as follows:
Contact form

9.7 Claims for damages, reimbursement of wages, consequential damages or lost profits are generally excluded - except in cases expressly provided for by law, such as § 437 No.3 BGB.

10. data protection notice

Our data protection practices are based on the statutory provisions, in particular the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG) as well as the General Data Protection Regulation (DS-GVO). Details on the collection and use of your personal data can be found in our data protection provisions, which also contain information on the credit check, in the context of which values are calculated for the probability of non-payment, whereby your address data is also included. Further data protection information can be found in our online store at https://www.stoelzle-lausitz-shop.de/datenschutz.

11. dispute resolution for consumers

We strive at all times to reach an agreement with the customer. Please use our service contact at service@stoelzle-lausitz.com or our other specified contact options. The European Commission is planning a platform for online dispute resolution (OS) with further information. This can be reached on the Internet under the link http://ec.europa.eu/consumers/odr/. However, we do not participate in a formal dispute resolution procedure before consumer arbitration boards.

12 Applicable law, place of jurisdiction

12.1 All legal transactions or other legal relationships with us shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall include that the consumer is not deprived of the protection granted by mandatory provisions of the law of the state in which he has his habitual residence.

12.2 In business transactions with merchants and with legal entities under public law, it is agreed that our registered office shall be the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, we shall also be entitled to take legal action at the customer's place of business. Any exclusive place of jurisdiction shall remain unaffected by the above provision.

13. severability clause

Should individual provisions of these General Terms and Conditions of Business not be legally effective in whole or in part, or should they lose their legal effectiveness at a later date, this shall not otherwise affect the validity of the General Terms and Conditions of Business. The invalid provisions shall be replaced by the statutory provisions. The same applies insofar as the general terms and conditions contain an unforeseen loophole.

Status March 2023
Stölzle Lausitz GmbH