General terms and conditions
AGB der Stünings GmbH - Dießemer Bruch 167 - 47805 Krefeld - Germany
1. General terms and conditions, scope of application
For the business relationship between Stünings GmbH (hereinafter referred to as Stünings) and the customer, the present General Terms and Conditions apply exclusively in the version valid at the time of the order. Any deviating terms and conditions of the customer shall only be accepted by Stünings after express prior written agreement and consent. Our General Terms and Conditions shall be deemed accepted at the latest upon acceptance of the goods. If the goods are not available, Stünings is entitled to withdraw from the contract. The customer will then be informed immediately.
When the contract is concluded, the contractual partner of the customer is Stünings GmbH, Dießemer Bruch 167, 47805 Krefeld, Germany, Amtsgericht Krefeld HRB 18110
Your order represents a non-binding offer on your part to Stünings to conclude a purchase contract, the acceptance of which we expressly reserve. After receipt of your online order you will receive an order confirmation in which all details of your order will be confirmed once again. This confirmation serves only for your information that your order has arrived with us and does not represent an acceptance of your offer. The actual purchase contract is only concluded when we send you the ordered product. The order takes place via the order form presented on the Internet. We reserve the right to use and commission other reliable companies to fulfil individual contractual obligations (here in particular in sales).
right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
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 possession of the goods.
To comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, I have to repay you all payments, which I received from you, including the delivery costs (with the exception of the additional costs, which result from the fact, that you selected another kind of the supply than the most favorable standard supply offered by me), immediately and at the latest within fourteen days starting from the day, on which the communication about your revocation of this contract was received with me. For this refund I will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund. I may refuse to refund until I have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.
You must return or deliver the Goods to me immediately and in any event no later than fourteen days from the date you notify me of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to any handling of the goods which is not necessary for checking their condition, properties and functionality.
4. Delivery, delivery period
The ordered goods shall be delivered ex stock Stünings or the companies commissioned by Stünings to the delivery address stated by the customer. Stünings chooses the type and route of dispatch at its own discretion. Information about the delivery period is generally approximate and non-binding. Stünings endeavours to deliver the goods within the specified delivery period. No liability is assumed for delays. Partial deliveries are possible and are regarded as a separate, independent business transaction. The delivery takes place on calculation and danger of the receiver.
The prices and forwarding expenses indicated in the on-line order apply. Our sales prices are quoted ex place of business plus the respective statutory value added tax. Shipping costs will be invoiced separately. Costs for a transport insurance desired by the customer are borne by the customer.
6. Terms of payment
The invoice is due for payment upon receipt, without deduction. Should other terms of payment have been agreed, these are to be recorded in writing. In individual cases Stünings reserves the right to deliver against prepayment.
7. Reservation of title
The goods remain the property of Stünings until all outstanding invoices have been paid in full.
8. Purchase on account
Purchase and payment on account is only possible for consumers 18 years and older. Stünings reserves the right in individual cases to check the data and information of the customer and possibly to refrain from a delivery on account.
9. Offsetting, retention
The customer only has a right of set-off or retention if his counterclaims are legally established or recognized by Stünings. In addition, the customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
10. Liability for defects
If there is a defect in the delivered goods, the customer can demand a replacement delivery. If the replacement delivery fails, the customer can withdraw from the contract. In the event of a replacement delivery, the customer is obliged to return the defective goods to Stünings within 30 days, otherwise Stünings is entitled to invoice the newly delivered goods. Other claims of the customer are excluded. In particular, Stünings shall not be liable for loss of profit or other financial loss of the customer, in particular not for damage that has not occurred to the delivery item.
The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. As far as the liability of Stünings is excluded, this also applies to the personal liability of employees, vicarious agents and representatives. The limitation period is 24 months from the date of delivery.
11. Data protection
All information about type, extent, place of collection, processing and use of the personal data required for the execution of orders by Stünings are subject to data protection.
12. Place of jurisdiction and applicable law
Place of jurisdiction is Krefeld, as far as permissible. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13. Severability clause
Should individual provisions of these terms and conditions be or become invalid or void in whole or in part, the remaining provisions shall remain unaffected. The contracting parties commit themselves to agree to a regulation, by which the sense and purpose pursued with the ineffective or void regulation within the economic range is reached to a large extent.
As of June 2012