Terms of service

General Terms and Conditions (GTC) and Consumer Information

Version: 06/2018

This English version is provided for convenience. In the event of any discrepancy, the German version of these terms prevails.

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 and conditions is objected to.

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

§ 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 result from the respective product description provided by the Seller.
(3) All offers in the Seller's online shop merely constitute a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. As soon as the Seller has received the Customer's order, the Customer will first be sent a confirmation of receipt of their order, usually by email (order confirmation). The order 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 business days whether the order is accepted (order acceptance). 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 so-called shopping cart via the “Add to cart” button. By clicking the “Cart” button, the Customer receives an overview of the selected products. Via the “Buy now” button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and review the entered order and data at any time using the browser functions “Back” and “Forward”. The offer can only be submitted and transmitted if the Customer accepts these contractual terms by clicking the “Accept terms” button, thereby including them in their offer. The Seller then sends the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The contract is only concluded when the Seller issues a declaration of acceptance, which is sent in a separate email.

§ 3 Subject of the Contract, Condition of Goods, Delivery, Availability

(1) The subject of the contract are the goods and services specified by the Customer in the order and stated in the order confirmation and/or acceptance, at the final prices stated in the online shop. Errors and mistakes there are reserved, in particular regarding the availability of goods.

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

(3) If no copies 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 acceptance. 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 also inform the Customer of this without delay in the order acceptance. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. In doing so, the Seller will immediately 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. 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. In addition, deliveries to other countries may be possible upon request in individual cases — please contact us before placing your order.

(3) All product prices include statutory VAT where applicable. The prices stated are final retail prices plus shipping costs. The Customer receives an invoice with VAT shown where applicable.

§ 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 such defects immediately to the delivery agent and to contact the Seller as soon as possible.

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

§ 7 Warranty for Material Defects

(1) The Seller 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 Seller only if this was expressly stated in the order acceptance for the respective item.

(3) Complaints and warranty claims can be submitted to the address stated in the legal notice.

§ 8 Retention of Title

The delivered goods 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 email. 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 generally have a statutory right of withdrawal. However, this right expires early for 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 before the end of the withdrawal period, and has at the same time confirmed their knowledge that they lose their right of withdrawal upon the beginning of performance.

§ 12 Final Provisions

(1) The contract language is German. This English translation is provided for convenience only.

(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 (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn from the Customer.

(3) If the Customer is a merchant, a legal entity 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 place of residence or habitual abode is unknown at the time the action is filed.

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

(End of GTC)