Terms and Conditions
1. Scope, contractual partner, delivery area
2. Conclusion of contract, delivery restrictions, customer area
3. Prices, shipping, costs
4. Payment methods and retention of title
5. Delivery and transfer of risk
6. Right of withdrawal
7. Customer's rights in the event of defects
8. Liability for damages
9. Choice of law, dispute resolution, place of jurisdiction
1. Scope, contractual partner, delivery area
(1) These General Terms and Conditions (GTC) apply to all contracts concluded between you as a customer and us as the operator of the STEHMANN E-Store ( (www.stehmann-store.de) be completed. As part of the ordering process, you accept the terms and conditions in the version valid at the time of placing the order.
(2) The operator of the STEHMANN E-Store and your contractual partner is: STEHMANN MODE GMBH
HANSASTRASSE 22
D-90766 Fürth
Germany. Please contact us if you have any questions, requests or complaints: Email: info@stehmann.de
(3) The General Terms and Conditions regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version. You can access the terms and conditions when ordering, save them on your computer and/or print them out using links in the STEHMANN E-Store. The general terms and conditions relevant to your order will also be sent to you separately by us, at the latest upon delivery of the goods, on a durable medium (e.g. by email, PDF attachment or paper printout).
(4) Our presentation of goods in the STEHMANN E-Store is aimed exclusively at consumers who have their habitual residence (residence/billing address) in one of the following countries and can also provide a delivery address in the same country: Belgium, Germany, Netherlands, Austria. You can select the country of your billing and delivery address as well as your preferred language using a corresponding country selection in our e-store. There are no further delivery restrictions. You can find more information on the delivery information page of our STEHMANN e-store.
(5) According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.
2. Conclusion of contract, delivery restrictions, customer area
(1) Our product presentation in the STEHMANN E-Store does not yet contain a binding sales offer. The offer to conclude a purchase contract is made by you as a customer by clicking the order with payment button after placing items in the shopping cart and completely filling out the order page. Beforehand, you can view and change your order at any time using the shopping cart button. Before placing your order, you can also check and change your details regarding delivery and payment methods. You remain bound to your order for 7 days, meaning the contract is binding if we accept your order within this period.n.
(2) After submitting the order, you will receive an automated email confirming that we have received the order (order confirmation), which, however, does not constitute acceptance of the contract. We declare acceptance of the contract by separate email as soon as the goods leave our warehouse (shipping confirmation = contract confirmation). The shipping confirmation contains a tracking number with a tracking link, which you can use to track the status of your order at any time, as well as in your personal customer area.önnen.
(3) If your order includes several items, the contract will only be concluded for those items that are listed in our shipping confirmation. Your statutory right of withdrawal remains unaffected in this case.
(4) The above also applies if you have already paid or instructed you to pay the purchase price before the contract is concluded due to the payment method you have chosen. If in this case the contract is not concluded for any reason, we will inform you of this by email (in the case of partial acceptance of the contract, together with the shipping confirmation for the deliverable items) and refund the advance payment immediately.
(5) The contract is concluded in accordance with the languages available for selection in our STEHMANN E-Store. The text of the contract (consisting of the order, general terms and conditions and shipping confirmation) will be saved by us in compliance with data protection and sent to you by email. You can also view your current orders in your personal customer area (my account) and, depending on availability, use additional functionalities (e.g. data management, preferences, wish list) as a non-binding service offer. We are entitled at any time to change, expand, restrict or completely discontinue the functionalities offered in the customer area and, especially if misuse is suspected, to permanently or temporarily block certain customer accounts.n.
(6) If you create a personal customer account and want to register as a customer, your personal data and a password that you can choose will be requested and processed by us in accordance with the legal regulations (see section XII.2. of our data protection declaration in detail). Your customer area is only accessible via your confidential password. Declarations and actions that are made or committed under your name after logging in with the password can be attributed to you even if you have no knowledge of them. Attribution occurs in particular if you intentionally or negligently give third parties (including family members) access to your password or your customer area. In order to avoid misuse, you are therefore obliged to treat the password confidentially, to keep it inaccessible to third parties and to log out of the customer area after each session. If you suspect misuse, especially if you receive confirmation of an order you did not authorize, please contact us immediately and change your password. In the event of a dispute, ease of proof will apply in our favor based on the principles of prima facie evidence.
3. Prices, shipping, costs
(1) The purchase prices stated in our STEHMANN E-Store include statutory VAT and all other price components (gross price). They are plus any costs for the chosen payment method and shipping costs in EURO or the currency specified. We generally base the price calculation on the VAT rate applicable in the respective main delivery area (selectable billing address(es)). After entering the delivery address, a new calculation may be carried out in accordance with legal regulations, but this has no effect on the gross price and the amount of your payment obligation.
(2) We only deliver to delivery addresses within the delivery area specified in Section 1 Paragraph (4). For information about the shipping methods available in the different delivery countries, including delivery times and shipping costs, please see the Help page of our e-store. All specific costs incurred and the VAT included in the price will be displayed to you in the STEHMANN E-Store immediately before you place your order.
4. Payment methods and retention of title
(1) To pay the purchase price, we generally offer the following payment methods throughout the delivery area: credit card (e.g. Visa, MasterCard), Klarna, Bancontact and PayPal. If necessary, you can also use a voucher for (partial) payment by entering the corresponding voucher code.
(2) Most payment methods require the customer to register with the respective payment provider in accordance with their terms and conditions, so that, for example, an identity and/or credit check may be necessary. If the selected payment method is not available in an individual case, you will be redirected to the ordering process so that you can make a different selection. We reserve the right to charge costs for individual payment methods in accordance with legal regulations. Your respective payment account will generally be debited when you place the order. When paying by credit card or direct debit, your account will only be debited when the goods are dispatched. Further information can be found on the Help page of our STEHMANN e-store and in our data protection declaration (Section XII.3.).
(3) If we offer purchase on account as a payment option in collaboration with Klarna AB (publ), Sveavägen 46, S-111 34 Stockholm, the payment deadline is 14 days from dispatch of the goods or receipt of the corresponding invoice. Payment is made directly to Klarna, we remain responsible for everything else (customer inquiries, cancellations, complaints, etc.). Please note that in the event of late payment, Klarna may be entitled to charge reminder costs even if you return the goods to us within the 30-day period. We therefore recommend that you make returns when purchasing on account within the payment deadline or request an extension of the payment deadline from Klarna.
(4) We reserve title to the delivered goods until the invoice amount for a delivery has been paid in full (final and unconditional credit to our account).
5. Delivery and transfer of risk
(1) The goods are delivered to the agreed address in accordance with the legal regulations. We bear the risk of loss or damage to the goods during transport to you and is covered by appropriate insurance.
(2) Delivery times specified by us are calculated from the time of our shipping confirmation. If no or no different delivery time is specified for the respective goods in the STEHMANN E-Store, the information on the Help page of our E-Store applies.
(3) If we are unable to meet a binding delivery time for reasons for which we are not responsible (non-availability of the goods, e.g. due to a lack of self-delivery from upstream suppliers or force majeure), we will inform you immediately, if necessary . stating the new expected delivery time. If the new delivery time is not acceptable to you or the goods are not available within the new delivery time or at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; In this case, we will immediately reimburse any consideration already provided. The legal rights of the contracting parties remain unaffected.
(4) If the delivery of the goods fails despite multiple attempts for reasons for which we are not responsible, we can withdraw from the contract. Any payments you have already made will be refunded immediately. The legal rights of the contracting parties remain unaffected.
6. Right of withdrawal
(1) When concluding a distance selling transaction, consumers have a statutory right of withdrawal, which we will inform you about below in accordance with the legal regulations. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a sample cancellation form. The statutory cancellation period of 14 days has been extended to 30 days. Further deviations or clarifications from statutory law that are beneficial to you can be found in paragraph (4).
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The cancellation period is thirty days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or partial shipment of your order.
In order to exercise your right of withdrawal, you must contact us
STEHMANN MODE GMBH
HANSASTRASSE 22
D-90766 Fürth
Germany,
E-mail: info@stehmann.de, inform us about your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. Further options for explaining the revocation can be found in paragraph 4.4.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have), immediately and at the latest within thirty days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to our warehouse (STEHMANN Mode GmbH, Hansastrasse 22, 90766 Fürth, Germany) immediately and in any case no later than thirty days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the thirty day period has expired.
You bear the direct costs of returning the goods. This does not apply if you return the delivery via DHL. A return label is included with your shipment. For returns from Belgium, the Netherlands and Austria, please write an email to customerservice@stehmann.shop with your full name and order number. You will receive a return link by email.
You are only liable for any loss in value of the goods if this loss in value results from the handling of the goods that was not necessary to establish their nature, characteristics and functionality.
(2) Exclusion of the right of withdrawal
The right of withdrawal may be excluded in certain cases. According to the legal regulations, this does not apply in particular to:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. when individualizing products)
(3) We provide information about the model cancellation form in accordance with the legal regulations as follows. However, it does not have to be used:
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- To STEHMANN MODE GMBH
HANSASTRASSE 22
D-90766 Fürth
Germany,
Email: info@stehmann.dee
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for paper notification)
- Date
(*) Delete what is not applicable
(4) In addition to or clarification of the legal regulation, the following applies:
In all cases you can also declare your cancellation before delivery.
Unless the right of withdrawal is excluded by law, you can only exercise the withdrawal with regard to individual goods that were ordered and delivered together and keep the remaining goods.
For partial deliveries of several goods ordered at the same time, the cancellation period begins with the delivery of the last goods. If only one product is delivered, the cancellation period begins with the delivery of this product.
You can also exercise your right of cancellation by sending the goods in question back to us via DHL within the cancellation period; a separate declaration is then not required. If you want to complain about an error or something similar, please make a corresponding note either on the return slip or in another way.
If you exercise your right of withdrawal, you will be able to return the goods in question free of charge if you use the DHL return label included with your shipment. For returns from Belgium, the Netherlands and Austria, please access the DHL return label using the returns link you received by email. Otherwise, you will bear the direct costs of returning the goods yourself.
7. Customer's rights in the event of defects
(1) Your rights in the event of material and legal defects are determined by the statutory provisions, unless otherwise specified below.
(2) The product descriptions in our STEHMANN e-store and, if applicable, also product information and information that are delivered together with the goods are considered agreements on the quality. Please take note of such information before you decide to keep the goods.
(3) We are only liable for damages in accordance with Section 8. Your statutory right of withdrawal (see Section 6) remains unaffected.
8. Liability for damages
(1) We are liable for damages in accordance with the statutory provisions, unless otherwise specified below.
(2) In the event of breaches of duty, regardless of the legal reason, we are responsible for intent and gross negligence. In the event of simple negligence, we are only liable:r:
for damages resulting from injury to life, body or health and
for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); In this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
(3) The above limitations of liability also apply to breaches of duty by persons for whose fault we are responsible in accordance with statutory provisions. Your legal claims under the Product Liability Act remain unaffected in all cases.
9. Choice of law, dispute resolution, place of jurisdiction
(1) The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship. The statutory provisions restricting the choice of law remain unaffected. In particular, the choice of law must not lead to the consumer being deprived of the protection that would be granted to him by the mandatory provisions of the country of his habitual residence without the choice of law.
(2) We endeavor to resolve any disagreements arising from the contractual relationship with our customers amicably. However, we are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so. We will make a binding decision on this in individual cases after the dispute arises. We will inform you of our decision in accordance with legal regulations together with the contact details of a consumer arbitration board responsible for you if the dispute could not be resolved directly. The European Commission also provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/
(3) The ordinary legal process remains open to both parties. The legal regulations apply to the place of jurisdiction.
As of: May 2021