General terms and conditions
General Terms and Conditions (AGB)
§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of Stich-Stich GmbH, Plettstr., 17, 81735 Munich, Germany (hereinafter referred to as "Seller") regarding the online shop www.stich-stich.com and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always have priority.
(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction shall be Munich if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
(5) We deliver to the following countries: Worldwide.
(6) Customers have the option of using alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
§ 2 Contents of the contract and conclusion of the contract
(1) The seller offers the customer in the online shop www.stich-stich.com , for purchase.
The customer also has the possibility to contact the seller by telephone, e-mail, fax or letter regarding a specific item. Upon receipt of such a request, the Seller shall submit to the Customer an appropriate offer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The contract text is stored. However, it is not accessible to the customer.
§ 3 Prices, Shipping Costs, Value Added Tax and Payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal sales tax.
(2) The prices do not include shipping and packaging costs, which are announced to the customer before the order is placed.
The amount of the forwarding expenses depends on the weight and the dimensions of the product as well as on the desired goal: see http://stich-stich.com/de/info/Versand-und-Zahlungsbedingungen.html
(3) The delivery of the customers by the seller is made at the request of the customer against the following payment methods: advance payment (by bank transfer, by Paypal, credit card payment), cash on delivery, EC card / direct debit, on account.
If the customer chooses prepayment by bank transfer, the payment is due at the latest 7 calendar days after contract conclusion.
In the case of delivery on account, payment is due at the latest 7 calendar days after invoicing.
If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery charges is due upon delivery and presentation of the cash on delivery receipt by the commissioned transport company.
(4) If a customer is in arrears with his payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or is otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) The ordered goods shall be delivered to the address indicated by the customer, unless otherwise contractually agreed. Delivery shall be made from the Seller's warehouse.
(2) The availability of the individual goods is indicated in the article descriptions. Unless expressly agreed otherwise, the Seller shall dispatch goods in stock within 3-7 working days of receipt of payment (in the case of advance payment by bank transfer: within 3-7 working days of receipt of payment). If the goods are not in stock when sold via the online shop, the seller will endeavour to deliver as quickly as possible. The seller's information on the delivery period is non-binding, unless the delivery date has exceptionally been confirmed by the seller.
(3) The seller reserves the right to make a partial delivery if this seems advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. The customer shall not be invoiced for any additional costs incurred by partial deliveries.
(4) The seller reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This self-delivery reservation shall only apply if the Seller is not responsible for the non-delivery. The Seller shall not be responsible for the failure to perform if a so-called congruent hedging transaction was concluded in good time with the supplier to fulfil the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately about this circumstance and refund an already paid purchase price as well as shipping costs.
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 5 Reservation of title
The delivered goods shall remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, the delivered goods shall also remain the property of the seller from the current business relationship until all claims to which the seller is entitled in connection with the contract have been settled.
§ 6 Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for material defects and defects of title
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, §§ 377 et seq. of the German Civil Code (BGB) shall apply additionally. HGB (GERMAN COMMERCIAL CODE).
(2) Damages caused by improper actions of the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller.
The customer can find information on proper handling in the manufacturer's descriptions.
(3) Defects are to be reported to the seller by the customer within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty for entrepreneurs is excluded.
The above limitations of liability do not apply if Verk‰ufer has maliciously concealed a defect or assumed a guarantee for the quality of the goods, and not for compensation claims of the customer, which are aimed at replacement of a bodily injury or damage to health due to a defect represented by the seller or which are based on intentional or grossly negligent fault of the seller or his agents.
(4) If there are defects and these were asserted in good time, the seller shall be entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions shall apply.
§ 8 Obligation to provide information in the event of transport damage
If goods with obvious damage to the packaging or the contents are delivered, the customer shall, without prejudice to his warranty rights (§ 7), lodge a complaint immediately with the carrier/freight service and contact the seller immediately by e-mail or other means (fax/mail) so that the latter can protect any rights vis-à-vis the carrier/freight service.
§ 9 Exclusion of liability
(1) Outside of liability for material defects and defects of title, the Seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the foregoing.
(2) The liability limitations of the preceding paragraph shall not apply in the case of injury to life, limb and health, for a defect after acceptance of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of revocation, you must inform Stich-Stich GmbH, Plettstr., 17, 81735 Munich, Germany, firstname.lastname@example.org of your decision to revoke this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website www.stich-stich.com If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order 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 Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. 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 handling of the goods that is not necessary for testing their condition, properties and functionality.
If you want to cancel the contract, please fill out this form and send it back to us:
An Stich-Stich GmbH, Plettstr., 17, 81735 Munich, Germany, email@example.com: