General terms and conditions of the Stölzle Lausitz Shops
Stölzle Lausitz GmbH
Berliner Str. 22-32, D-02943 Weißwasser/O.L. / Germany
Limited liability company based in Weißwasser
AG Dresden HRB 13754
Managing Director: Leopold Grupp, Ronald Brieger
VAT-IDENT-no. According to § 27a sales tax law: DE181474434
The person responsible for content in accordance with Sections 5 TMG, 55 Paragraph 2 RStV: Leopold Grupp
+49 (0) 3576 268-0
+49 (0) 3576 268-249
info@stoelzle-lausitz.com
___________________________________________________
The statutory instruction on the right of withdrawal in distance sales for consumers can be found under Section 6. These general terms and conditions. The definition of the term “consumer” can be found in section 1.2 of these general terms and conditions.
To store these documents and for inspection options in the essential components of the contract, please note Section 2 of these general terms and conditions.
We are also looking for customer -oriented solutions in legal issues. You can just call us. Of course, your rights will remain without a call without a restriction. The legislator particularly obliges online providers to provide numerous information on the contract and the applicable conditions. We have compiled this information and other conditions for the conclusion of the purchase contract, the possibilities of the consumer to revoke his declarations of intent as well as on the shipping conditions for you below.
Overview of the general terms and conditions (hereinafter also: "AGB") (with legal information)
- Validity
- Memory option and insight into the essential documents and documents of the contract
- Contract partner, language and contract conclusion
- Prices, shipping costs, less quantity surcharge, order discounts
- Payment, delivery
- Right of withdrawal
- Voluntary right of return
- Retention of title
- Warranty and complaint management
- Data protection note
- Dispute settlement for consumers
- Applicable law, place of jurisdiction
- Salvatory clause
General terms and conditions (AGB)
1. Application
1.1. We deliver exclusively to the available general terms and conditions. These our general terms and conditions are based on all contracts that are concluded with us due to the offers on our website, in particular they are essential part of all of our offers and declarations of intent at the conclusion of the contract. The following provisions contrast or deviating from the customer's or potential contractual partners does not apply to the following provisions. The following terms and conditions also apply exclusively if we carry out the delivery and performance without reservation when we know what conflicting or subsequent terms and conditions of deviating conditions of deviating conditions of the customer; In general, the effectiveness of the general terms and conditions of the potential contractual partner for contracts is excluded with us, without a contradiction being required in individual cases.
1.2. If there is talk of consumers in these terms and conditions, this is natural persons in which the purpose of the order cannot be attributed to a commercial, independent or freelance activity. Entrepreneurs (commercial customers) are natural or legal persons or legal partnerships who order for commercial, independent or freelance purposes. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
1.3. If working days are specified as deadlines, all weekdays with the exception of Saturdays, Sundays and public holidays are at our seat.
2. Memory option and insight into the contract text
2.1. We provide these terms and conditions and the other contractual provisions, in particular the provisions on the right of withdrawal for consumers (including the associated cancellation form) with the data of your order in the order process. You can easily archive this information there by either downloading the terms and conditions and saving the data summarized in the order process in the internet shop with the help of the functions of your browser or you are waiting for the automatic order confirmation, which we also contact you by email after completing your order send the address you specified. This order confirmation email once again contains the contractual provisions with the data of your order and this terms and conditions and can be easily printed out or saved with your email program.
2.2. The course for the conclusion of the contract and all associated essential information and documents is stored by us, but for security reasons it is not immediately available from you. We offer password -protected direct access ("my account") for every customer. Here you can manage your data and view order data if you register. The customer undertakes to treat the personal access data confidentially and not make an unauthorized third party accessible. The terms and conditions can be found in the valid version on our website.
3. Contract partner, language and contract conclusion
3.1. Your contractual partner is Stölzle Lausitz GmbH. Contracts in our internet shop can currently only be concluded in German. Our advertising offers are subject to change as long as you 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 application (offer to conclude a purchase contract) via the online goods basket system. The goods intended for purchase are stored 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 accessing the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed on the order overview page. the "Back" function of the internet browser) or to cancel the purchase. With the sending of your order via the "Order" button, a corresponding, legally binding purchase contract is concluded with us.
3.3. A binding contract is concluded immediately after sending your order if you accept a corresponding invitation and conclude your order with the payment via one of the online payment services we offer by confirming the payment instructions or by option to pay in advance. You can find an overview of our online payment services below (see subsequent number 5.1 of these terms and conditions).
3.4. The email with the confirmation of the legally binding purchase contract with information about the selected type of payment of the goods can be obtained immediately after receipt of the order.
3.5. A telephone order is bindingly accepted by us in the phone call. You will then receive the information on the conclusion of the contract and this General Terms and Conditions again to a email address you specified or together with the goods.
4. Prices, shipping costs, order discounts
4.1. The prices listed at the time of the order apply to orders in our Internet shop. The prices specified are final prices, which means that they contain the applicable German statutory VAT and other price components.
Deliveries in Germany take place from an order value of EUR 59 free of charge. This includes costs of EUR 5.90 for delivery. In addition to the prices specified, we also charge EUR 10.90 for a recipient outside of Germany or 6.90 EUR, France or Italy for delivery to Austria and EUR 8.90 and the VAT valid in the country.
4.2. In the case of deliveries outside of Germany, additional costs can arise during imports to a third country (tariffs, any customs fees and import sales taxes). The customer has to bear these other costs. You can find more information about the fees here and for import sales tax here and especially for Switzerland here.
5. Payment, delivery
5.1. We offer the following payment options:
For customers in Germany:
- In advance - you transfer the invoice amount to our account in advance. You will receive the transfer data after completing the order.
- by 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 instructions to us. You confirm the payment by sending the order in our online shop. Further information on how to come to the payment provider's side are available from the ordering process.
- by invoice-when buying a purchase via Unzer / Payolution GmbH, Stieben 1 /5. Stock, Columbusplatz 7-8, A-1100 Vienna (hereinafter: "Payolution"), the payment is due after the goods were delivered and charged. In this case, the payment within 14 (fourteen) days from receipt of the invoice without deduction to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg is to be paid. In this case, the seller will make his claim from the purchase contract Unzer E-Com GmbH unless otherwise agreed. The payment method invoice purchase requires a successful credit check. In this case, the customer can only do the UNZER E-Com GmbH with a guilt-free effect. In this respect, the complementary general terms and conditions apply that the customer can call up as part of the ordering process. We reserve the right to offer the payment method of invoice purchase only from or up to a certain shopping cart value. If the specified shopping cartage is under or exceeded or exceeded, we reserve the right to reject this payment method. In this case, the seller will indicate a corresponding payment restriction in his payment information in the online shop.
- By credit card - if you have selected credit card payment as a payment method, payment processing is carried out via the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
- by Sofortüberweisung - If you have selected Sofortübung as a payment method, payment processing is carried out via the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
- With SEPA direct debit-If you have selected SEPA direct debit as a payment method, payment processing is carried out via the payment service provider Novalnet AG, Feringastraße 4, 85774 Unterföhring, Germany.
For customers outside of Germany:
- In advance (details on this above)
- PayPal (see details above)
5.2. We use DPD, DHL, UPS and half -range for post shipments and for freight forwarding. Shipments to mailboxes or post -bearing shipments are not possible. Unless otherwise agreed, the delivery by freely curb by the freight forwarder, the delivery address specified by the customer. Furthermore, there is the possibility of delivery to a parcel shop from DPD and, if necessary, their partner. You will receive a message from us when the goods have left our house. We can only deliver deliveries in so -called packing stations in exceptional cases. If the delivery has been unsuccessful, you usually receive a message from the transporter from which the other options arise.
5.3. If you have ordered several items with different delivery times, we strive for a complete delivery. In the event of a significant difference, we will exceptionally deliver the positions that are already available to you in advance. This does not increase the shipping costs for you.
5.4. The delivery time is adequately extended in the case of the delivery strike measures and lockouts as well as other circumstances that we do not have to be responsible, especially in cases of delivery delays due to force majeure. We will immediately inform the buyer of the beginning and end of such obstacles.
5.5. In the case of consumers, the risk of random downfall and the random deterioration of the goods sold passes when buying the shipment with the transfer of the goods to the consumer or a recipient determined by it. This applies regardless of whether the shipping is insured or not. Otherwise, the risk of random loss and the random deterioration of the goods with the handover, when buying a shipping with the delivery of the goods to the freight forwarder or the person or institution otherwise intended to carry out the dispatch.
6. Right of withdrawal for consumers
6.1. Below you will receive instruction about the requirements and consequences of the legal right of withdrawal when ordering shipping. A contractual granting of rights that goes beyond the law is not associated with this. In particular, the statutory right of withdrawal is entitled to not commercial resellers.
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods.
In order to exercise your right of cancellation, you must (Stölzle Lausitz GmbH, Berliner Str. 22-32, D-02943 Weißwasser/O.L. By means of a clear explanation (e.g. a letter sent by post or one News) inform about your decision to revoke this contract. You can do that Sample cancellation formulafill. We will send you a confirmation of receipt of such a revocation.
To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.
Consequences of the revocation
If you cancel this contract, we have all payments we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery we offer have to repay), immediately and at the latest within fourteen days from the day, on which the notification of your revocation of this contract was received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with them; Under no circumstances will you be charged for fees for this repayment. We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is.
You must send the goods back to us immediately and in any case within fourteen days from the day on which you inform us about the revocation of this contract (Stölzle Lausitz GmbH / TST Logistik, Industriestr. 4, D-14959 Trebbin) hand over. The deadline is preserved if you send the goods before the deadline of fourteen days. The return of the goods is free of charge for them. You only have to pay for any loss of value of the goods if this loss of value is due to the quality, properties and functionality of the goods not necessary to deal with them.
6.2. Pattern for the cancellation form
You can find the "sample cancellation form" mentioned in the previously listed cancellation policy. You do not necessarily have to use it, but can also formulate your revocation yourself.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
To:
Stölzle Lausitz GmbH
Berliner Str. 22-32
D-02943 Weißwasser/O.L. / Germany
Fax: +49 (0) 3641 - 316 12 17
Email: service@stoelzle-lausitz.com
Hereby revoked (s) I/we (*) the contract concluded by me/us (*) to buy 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 when notifying paper):
Date:
(*) Incorrect painting.
6.3. Our articles (made of glass) are usually slightly fragile and sensitive articles and are therefore to be treated with the required caution. Before a return, please pack the goods as carefully as possible in the original box with all accessories and with all packaging components. Use protective reversal if necessary.
6.4. Please note our order discounts and vouchers:
If you have received a discount in the form of our order discounts or price deductions via vouchers for your order due to the order value. Compared to the original order value without this discount, calculates.
The non -compliance with the above information does not affect the effective exercise of the right of withdrawal and does not worsen your legal status.
7. Voluntary return rights
(1) Voluntary return rights up to 30 days after maintaining goods
For all orders in the Stölzle Lausitz Shop, in addition to the statutory right of withdrawal, we grant you a voluntary return right of a total of 30 days after receipt of the goods. With this right of return, you can solve the goods from the purchase contract after the statutory 14-day cancellation period. However, the prerequisite for the exercise of the voluntary return law is that you will send the goods back completely, in their original state, intact and without damage in the original sales packaging. The voluntary right of return does not exist when buying gift vouchers.
(2) use
If you want to make use of voluntary right of return, please register your return in our return portal. You will then receive all further information.
(3) refund
The reimbursement of payments made when the voluntary right of return is carried out via the payment method used when ordering.
(4) Voluntary right of return and legal right of withdrawal
Your legal right of withdrawal will not be touched on the complementary contractually granted (voluntary) return law and remains independent of this. Until the expiry of the deadline for the statutory right of withdrawal, only the statutory conditions contained in the cancellation policy apply. The contractually granted (voluntary) right of return does not limited your legal warranty rights, which will be maintained without restrictions.
8. Removal of title
The delivered goods remain our property until the purchase price and other delivery from previous deliveries.
9. Warranty and complaint management
9.1. In the case of defects in the goods, the customer has a legal right to liability (guarantee). The statutory warranty period of 2 years applies to consumers for consumers. The deadline begins with the delivery of the goods. According to the statutory regulations, we are not liable for damage that is due to use -related or other natural and usual wear.
In the above cases, liability by us only does not apply if we are not responsible for the damage.
For used goods, we can only take over to consumers and only within one year after the goods are handed over free guarantee. When delivering used goods to entrepreneurs, the warranty is excluded.
9.2. Entrepreneurs must report obvious defects in writing immediately, but at the latest within a period of 5 (five) days from receipt of the goods. In the discovery of not obvious defects, the obligation to the immediate complaint applies, at the latest within 5 (five) days from the discovery of the defect. To preserve the rights of the buyer, the timely sending of the advertisement is sufficient. Otherwise, the goods are also considered approved in view of the defect. Timely dispatch is sufficient to meet the deadline. Section 377 HGB also applies to merchants.
9.3. From in the above regulations for 8.1. and 8.2. The restrictions or exclusions of the warranty liability are expressly excluded, the claims for damages based on a defect from the violation of life, body or health, which follow from a breach of duty to be represented by us, as well as claims for damages for other damage caused by an intentional or gross negligence Follow the breach of duty by us. The statutory limitation period of 2 years is used for the exclusively excluding claims. Restrictions or exclusions of warranty claims as a whole do not apply in the event of the assumption of a quality guarantee by us or the fraudulent concealment of a defect by us in the sense of § 444 BGB. A possible manufacturer's guarantee also remains unaffected. In addition, the regulation of § 478 BGB for the dealer regress in the sale of newly manufactured goods to a consumer remains unaffected. Insofar as our liability is excluded or restricted or that exceptions are regulated above, this also applies to the personal liability of our employees, employees, legal representatives and vicarious agents.
9.4. Within the warranty period, we are obliged to remedy the defect or to deliver the defect or to deliver the defect or to deliver the defect. Consumers as a contractual partner have the choice of whether in the event of a defect should be subsequently performed due to deficiency or replacement delivery. If there are special conditions in the law, we are entitled to refuse the type of subsequent performance, especially if it is only possible with disproportionate costs and the other type of supplementary performance remains without considerable disadvantages for the contractual partner. In the case of contracts with entrepreneurs, the type of supplementary performance takes place at our choice. If we are not ready or unable to remedy or replacement delivery or if it is delayed beyond a reasonable period of time for reasons that we have to represent, or in any case fails to remedy the defect or replacement delivery, you are entitled to your choice, a choice to request the corresponding reduction of the purchase price or to withdraw from the contract. If the legal requirements are met, there may also be claims for compensation. The resignation and the compensation instead of the entire service are also excluded if the defect is only irrelevant.
9.5. We value your customer satisfaction. You can contact us at any time on one of the contact routes specified at the beginning. We strive to check your concerns as quickly as possible and will contact you after receipt of the documents or your input or complaint. You will help us if you describe the subject of the problem exactly as possible and, if necessary, transmit order documents to a copy or at least specify the order number, customer number etc. If you do not receive any response from us within 5 working days, please ask. In rare cases, e-mails in spam filters can have stayed with us or with them or a message has not reached any other way or has accidentally omitted.
9.6. For service inquiries, please contact our customer service, which you can reach as follows:
Contact form
9.7. Claims for compensation, reimbursement of wages, consequential damage or lost profit are generally excluded - except in the statutory expressly intended cases, such as § 437 No. 3 BGB.
10. Data protection note
Our data protection practice is based on the legal provisions, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) and the General Data Protection Regulation (GDPR). Details on the collection and use of your personal data can be found in our data protection regulations, which also contain information on the credit check, in which values are calculated for the probability of a default of payment, whereby your address data is also included. Further data protection information can be found in our online shop at https://www.stoelzle-lausitz-shop.de/datenschutz
11. Disputes for consumers
We always strive for agreement with the customer. 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 settlement (OS) with further information. This can be reached on the Internet at the link http://ec.europa.eu/consumers/odr/. However, we do not take part in a formal dispute settlement procedure before consumer arbitration boards.
12. Applicable law, place of jurisdiction
12.1. The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN sales law (CISG) as well as any other intergovernmental conventions, even after their transfer to German law, do not apply. In the event of contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (contract with consumer), this choice of law includes that the consumer gave the protection granted by mandatory provisions of the state in which he The habitual stay has shown, not withdrawn.
12.2. In business transactions with merchants and with legal entities under public law, our place of business is agreed as the place of jurisdiction for all legal disputes about these terms and conditions and under their validity, including exchange and check-ups. In this case, we are also entitled to sue the customer's seat. Any exclusive place of jurisdiction remains unaffected by the above regulation.
13. Salvatorial clause
If individual provisions of these general terms and conditions are not legally effective or lose their legal efficacy later, this does not otherwise affect the validity of the general terms and conditions. The legal provisions take the place of the ineffective provisions. The same applies if the general terms and conditions have a not predicted gap.
As of March 2023
Stölzle Lausitz GmbH