Terms of service

Terms of Service

1. scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.



A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.



These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

Contractual partner, conclusion of contract
The purchase contract is concluded with STOLTENBERG spa, Mittelweg 19; 20148 Hamburg, Germany.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.



When the contract is concluded with us depends on the payment method you have chosen:



Credit card

When you place your order, you also transmit your credit card details. After your legitimation as the legitimate cardholder, your credit card company will be asked to initiate the payment transaction. We thereby accept your offer.

paypal,

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Contract language, contract text storage
The languages ​​available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.

delivery terms
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, a self collection of the product is not possible. Unless otherwise stated on the item page, delivery will be made within 5 working days from the day the contract was concluded.

 

prices and payment
Unless otherwise stated on the item page, all prices quoted in the shop are total prices including statutory VAT.

There are basically different payment methods available in our shop.

Credit card (VISA, MasterCard and American Express)

When you place your order, you also transmit your credit card details.

After your legitimation as the legitimate cardholder, your credit card company will be asked to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

PayPalPlus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.



If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.



If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You'll get more information during the ordering process.



If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.



If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. In addition to our terms and conditions, PayPal's terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Amazon Pay

During the ordering process you will be redirected to the Amazon website. In order to be able to pay the invoice amount via Amazon, you must be registered there or first register, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.

Instant bank transfer

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an activated online banking account with PIN/TAN procedure for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Purchase on invoice

You pay the invoice amount after receipt of the goods and the invoice by bank transfer to the specified bank account. The invoice amount is to be paid within 14 days from the date of receipt of the invoice.

retention of title
The goods remain our property until full payment.

The following also applies to entrepreneurs: You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount agreed with us (including VAT), and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

transport damage
The following applies to consumers:

If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs:

The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty or fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the area of ​​application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and complaints Monday to Friday from 9:00 a.m. to 4:00 p.m. at email: office@tanja-stoltenberg.de

Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of a promise of guarantee, if agreed, or
as far as the area of ​​application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.

dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

General terms and conditions created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.