General Terms and Conditions
Terms of Service
1. Scope / Definitions
The following general terms and conditions ("GTC") apply to all orders between STABEAU GmbH, Mundsburger Damm 2, 22087 Hamburg ("STABEAU") and their customers.
The general terms and conditions valid at the time of the conclusion of a contract apply. Any general terms and conditions of the customer will not be accepted. Deviating conditions are therefore contradicted as a precaution.
2. CONCLUSION OF CONTRACT
The contract is concluded with STABEAU. The presentation and promotion of articles on the website does not constitute a binding offer to conclude a purchase contract. Instead, the customer is asked to submit his own offer. The conclusion of the contract is regulated as follows:
When the customer has found the desired product from the range, it can be placed in the "shopping cart" without obligation.
In the shopping cart, after clicking the "Buy now" button, the customer is requested to provide all the data necessary for the conclusion of the contract, including the address, as well as information on the shipping and payment method. Finally, all essential order data is displayed on the order overview. Before submitting the order, the customer has the opportunity to check and change all information or to cancel the purchase using the browser's "back" function.
By submitting an order via the online shop by clicking the "Buy Now" button, the customer is placing a legally binding order. By submitting the order, the customer assures that information about his person and address is correct. STABEAU confirms receipt of the submitted order by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.
After the order has been sent, STABEAU is entitled to accept the customer's offer within a period of two (2) calendar days. The order is only considered accepted when STABEAU confirms the order by sending the invoice again by sending the invoice (contract confirmation). If STABEAU has not accepted the offer within two (2) calendar days, the customer is no longer bound to his offer. No sales contract is concluded for products that are not listed in the order confirmation.
The delivery of the goods takes place within 5 working days from the conclusion of the contract. STABEAU is entitled to make partial deliveries insofar as this is reasonable for the customer.
Deliveries are always made while stocks last. If, contrary to expectations, a product ordered by the customer is not available despite timely disposition for reasons for which STABEAU is not responsible, STABEAU will offer the customer a product of equivalent quality and price instead of the product ordered, but the customer is not obliged to accept it. In this case the customer can withdraw from the contract. STABEAU will immediately inform the customer of the unavailability and, in the event of withdrawal, immediately reimburse the customer for any payments already made.
Insofar as STABEAU is in default of delivery for reasons for which it is responsible or delivery is impossible, and this is not due to intent or gross negligence, liability for damage is excluded. The customer reserves the right to make further claims. If delays in delivery are due to reasons for which STABEAU is not responsible (force majeure, fault of third parties, etc.), the deadline will be appropriately extended. STABEAU will inform the customer of this immediately. If the causes of the delay last longer than four (4) weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
In the event of cancellation, the customer has to bear the costs of the return.
It is only delivered within the EU. A delivery to other EU countries requires a separate agreement in text form.
4. / TERMS OF PAYMENT / RETENTION OF TITLE
All product prices include the statutory VAT plus delivery costs. These are communicated to the customer again in the shopping cart and on the order page. For the rest, we refer to our terms of payment and delivery with regard to the specific delivery costs.
Payment for the goods ordered and the delivery fee is made by credit card or PayPal. If you pay by credit card, your account will be debited when the goods are shipped. We accept VisaCard and MasterCard credit cards. All invoices are due for payment immediately after the invoice has been issued. More details on Payment processing can be found in the data protection declaration.
The delivered goods remain the property of STABEAU until the purchase price claim has been paid in full.
5. / Warranty / Liability
The guarantee is based on the statutory provisions. If the customer is a merchant, he must immediately report any externally recognizable defects. Any. If the defects are not reported immediately, the goods are deemed to have been accepted and accepted.
In the event of intent, gross negligence, claims under the Product Liability Act, assumption of a guarantee for the quality of the purchased item, fraudulent concealment of the defect as well as injury to life, limb or health, STABEAU and its vicarious agents are liable in accordance with the statutory provisions.
In the case of simple negligence, STABEAU and its vicarious agents are only liable if an essential contractual obligation (cardinal obligation) has been violated. An essential contractual obligation is a cardinal obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the compliance of which the customer can regularly rely. In this case, liability is limited to typical, foreseeable damage.
6. / right of withdrawal
If the customer is an entrepreneur, there is no right of withdrawal according to § 312d BGB i. V. m. §§ 355, 356 BGB. The right of withdrawal only applies to consumers.
- Right of withdrawal -
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. The cancellation period for services is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us
Name: STABEAU GmbH
Address: Mundsburger Damm 2
Phone: +49 (0) 40 743 259 89
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the costs of the return.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling that is not necessary to check the nature, properties and functionality of the goods.
- End of revocation -
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
Name: STABEAU GmbH
Address: Mundsburger Damm 2
Phone: +49 (0) 40 743 259 89
I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*):
ordered on (*):
received at (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s)
(only with notification on paper)
(*) Delete where inapplicable.
7. / General information
The language available for the conclusion of the contract is German.
The customer can use the browser's print function to print out the text of the contract. There is also the option of printing out the order during the ordering process by pressing the printer symbol provided. The text of the contract can also be saved in that the customer saves the website on his / her computer by clicking the right mouse button.
The text of the contract is saved by STABEAU after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter). The text of the contract will not be made available by STABEAU beyond this.
8. / DISPUTE RESOLUTION
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr. STABEAU's email address is in the legal notice. STABEAU is neither obliged nor willing to participate in the dispute settlement procedure.
9. / WRITTEN FORM / PARTIAL INVALIDITY
Verbal collateral agreements do not exist. Changes or additions to this contract must be made in writing to be effective. This also applies to a waiver of this written form requirement.
If provisions of this contract or a provision that will be incorporated into it in the future should not be legally effective or not enforceable in whole or in part, or should later lose their legal effectiveness or enforceability, this shall not affect the validity of the remaining provisions.
10./ Final provisions
This contract is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant and has his / her seat in Germany at the time of the order, the exclusive place of jurisdiction is the seat of STABEAU. In addition, the applicable statutory provisions apply to local and international jurisdiction.
Information on battery disposal in accordance with the Battery Act (BattG)
Information about the return and disposal of used batteries and accumulators
The following note is aimed at those who use batteries or products with built-in batteries and no longer resell them in the form supplied to them (end users):
Batteries must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. You are legally obliged to return old batteries so that proper disposal can be guaranteed. You can hand in used batteries at a municipal collection point or at a local retailer. We are also obliged to take back used batteries, whereby our take-back obligation is limited to used batteries of the type that we carry or have carried as new batteries in our range.
You can therefore either return used batteries of the aforementioned type to us with sufficient postage or return them directly to our business address:
Meaning of the battery symbols
Batteries are marked with the symbol of a crossed out wheelie bin. This symbol indicates that batteries must not be disposed of with household waste. For batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead, the chemical designation of the respective pollutant is located under the garbage can symbol - "Cd" stands for cadmium, "Pb" "stands for lead, and" Hg "for mercury.