Table of contents
- Scope of application
- Conclusion of contract
- Right of revocation
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of proprietary rights
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific specifications of the customer
- Special conditions for repair services
- Prohibition of assignment and pledging
- Redemption of promotion vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
- Severability clause
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Elbe Stock UG (haftungsbeschränkt) & Co. KG (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods displayed by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 Upon confirmation of the order, the customer is obliged to accept the goods listed in the order confirmation.
2.4 The order must always be placed in writing (also by fax or e-mail). If the order is only placed verbally, transmission errors and any misunderstandings shall be borne by the purchaser.
2.5 If there is a written order confirmation, the scope and content of the order shall be determined by it.
2.6 Elbe Stock reserves the right of ownership and copyrights to documents handed over to the business partner. They may not be made accessible to third parties without the prior written consent of Elbe Stock.
2.7 If you have not received an order confirmation or notification of delivery or goods within 7 working days, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.
2.8 The text of the contract (order data and general terms and conditions) will be stored by the seller. However, the storage is only temporary or not accessible to you, so please ensure that you print it out yourself or store it separately.
If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
2.9 Before bindingly placing an order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. The customer can correct his input within the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.10 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of revocation can be found in the seller's revocation instructions (right of revocation).
3.3 It is agreed that in the event of exercising the right of revocation applicable to consumers in the case of distance contracts, the consumer shall bear the regular costs of the return shipment in accordance with § 357 Para. 2 BGB (German Civil Code) if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, the consumer has not yet paid the consideration or a contractually agreed part payment at the time of revocation.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax.
4.2 The shipping costs incurred are not included in the purchase price. They will be shown separately during the ordering process and are to be paid additionally by the customer.
4.3 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.4 The customer will be informed of the payment option/s in the seller's online shop (payment and shipping conditions).
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation policy shall apply to the costs of return shipment.
5.3 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods during shipment shall not pass to the customer until the goods are handed over to the customer, irrespective of whether the shipment is insured or uninsured.
5.4 If the customer is an entrepreneur, the delivery and shipment shall be at the customer's risk.
5.3 Self-collection is possible for customers from Germany.
5.4 Vouchers are provided to the customer as follows:
- by e-mail
5.5 The customer will be informed about further shipping conditions in the online shop of the seller (payment and shipping conditions).
6) Reservation of proprietary rights
6.1 If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
6.2 If you are an entrepreneur, the following applies in addition:
- The seller retains title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business.
In this case, you hereby assign to the seller accepting the assignment all claims in the amount of the invoice amount that accrue to you from the resale. You are further authorized to collect the claim. If you do not properly fulfil your payment obligations, however, the seller reserves the right to collect the claim himself.
- If the goods subject to retention of title are combined and mixed, the seller shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- The seller undertakes to release the securities to which he is entitled at your request insofar as the realisable value of the seller's securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the seller.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 Complaints with regard to defects and the quality of the delivered goods will only be considered if they are made in writing and accompanied by supporting documents within eight days of receipt of the goods, in the case of hidden defects after their discovery, but no later than six months after receipt of the goods.
7.4 For insurance reasons, Elbe Stock UG (haftungsbeschränkt) & Co. KG is only liable for damages in the USA and Canada if the delivery of the goods to these countries was carried out with the express permission of Elbe Stock UG (haftungsbeschränkt) & Co. KG.
7.5 The statutory warranty obligation is limited to rectification of defects or replacement delivery at our discretion. If the rectification/replacement delivery fails, the customer is entitled at his choice to demand cancellation of the contract or a corresponding reduction of the purchase price.
7.6 The customer's claims for damages are excluded unless they are based on a grossly negligent or intentional breach of duty by the seller. The above limitations of liability do not affect claims under the Product Liability Act or claims for damages in the event of physical injury.
7.7 We would like to point out that the more stringent legal provisions on product liability must be observed for our products. Changes to our products are not permitted. We cannot accept any liability for damage caused by modifications to our products.
7.8 Claims arising from the product liability law only exist if only Elbe Stock original parts have been used professionally.
7.9 We assume liability under the Product Liability Act only for the first time our products are put into circulation. We will only agree to reuse the product if it has been tested by us beforehand.
7.10 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, according to the content of the contract, the seller is responsible for processing the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the Seller against any claims of third parties which they may assert against the Seller in connection with an infringement of their rights resulting from the contractual use of the customer's content by the Seller. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3 The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Special conditions for repair services
If, according to the content of the contract, the seller is obliged to repair an item belonging to the customer, the following applies:
9.1 Repair services shall be provided at the Seller's registered office.
9.2 The seller shall provide its services either in its own person or by qualified personnel selected by it, at its discretion. In doing so, the seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to perform the desired service.
9.3 The customer shall provide the seller with all information necessary for the repair of the item, provided that the procurement of such information does not fall within the scope of duties of the seller according to the content of the contract. In particular, the customer shall provide the seller with a comprehensive description of the fault and inform him of all circumstances that could be the cause of the fault detected.
9.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any existing rights against the carrier.
9.5 The return of the goods is at the expense of the customer. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the goods.
9.6 The aforementioned provisions do not limit the customer's statutory rights in the event of the purchase of goods from the seller.
10) Prohibition of assignment and pledging
The assignment or pledge of the customer against the provider claims or rights is excluded, unless the provider agrees in writing. To the agreement the offerer is obligated only if the customer proves a justified interest in the transfer or pledge.
The customer shall only have a right of set-off if his claim for set-off has been legally established or is undisputed.
12) Redemption of promotion vouchers
12.1 Vouchers which are issued free of charge by the seller within the scope of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotion vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
12.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Only one promotion voucher can be redeemed per order.
12.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
12.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
12.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
12.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
12.9 The promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of representation of the respective owner.
13) Redemption of gift vouchers
13.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
13.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
13.3 Gift vouchers can only be redeemed before the end of the order process. A subsequent settlement is not possible.
13.4 Several gift vouchers can be redeemed in one order.
13.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
13.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
13.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
13.8 The gift voucher is transferable. The seller may make payments with discharging effect to the respective holder who redeems the gift certificate in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of representation of the respective owner.
14) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
15) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to appeal to the court at the customer's place of business.
16) Alternative dispute resolution
16.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
16.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
17) Severability clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.
Elbe Stock UG (haftungsbeschränkt) & Co. KG
Tel.: 0 59 71 – 793 61 0
Fax: 0 59 71 – 793 61 99
Tax number: 311/5926/0116
VAT ID no.: DE257488811
Local court Steinfurt
No. HRB 5546
General Terms and Conditions of Elbe Stock UG (haftungsbeschränkt) & Co. KG (Status: 15.01.2020)
Subject to technical changes and printing errors.