1 Scope of application
- All orders are implemented on the basis of the version of our general terms and conditions which applies at the time the order is placed.
- The current version of these terms and conditions can be viewed under ‘General terms and conditions’ in our online shop www.stierblut.de.
- We expressly reserve the right to make changes and additions without notice.
- Any contrary terms and conditions will not form part of the contract.
2 Conclusion of contract
- The display of products in the online shop does not represent a legally binding offer, but an online catalogue which is not binding. By clicking on the “Order and pay” button you place a binding order for the items in your shopping basket. Confirmation of the receipt of your order follows immediately after you place your order by email, but does not yet represent contractual acceptance. We can accept your order within five days of your placing it by sending an order confirmation by email or by delivery of the goods.
- We expressly reserve the right to withdraw from the purchase contract if the goods are not available for a period of at least four weeks or in the case of data errors which make it impossible for us to carry out your order. This will not affect the responsibility which Stierblut has for wilful wrongdoing and negligence. We will inform you if the goods to be delivered are not available in good time, and will exert our right of withdrawal without delay if we wish to withdraw from the contract. In the event of a withdrawal from the contract any payments received from you will be refunded without delay.
3 Prices and terms of payment
- All prices displayed on Stierblut.de are shown in euros and are quoted gross, including the applicable rate of VAT.
- We accept payment for the goods by credit card (accepted cards: American Express, VISA, Mastercard), bank transfer (Sofortüberweisung) or PayPal. The purchase price is due immediately after the order is placed and any credit card entered by you will be debited immediately after the order, showing the entry “www.stierblut.de Online order” and the date of the order. We advise you to keep a copy of the transaction data. Stierblut reserves the right to exclude specific forms of payment in individual cases.
- Any setoff and rights of the retention are excluded, unless counterclaims are undisputed or have been legally recognised.
- Credit card: the confidential information involved in a credit card transaction (card number, date of expiry etc.) is automatically transferred in encrypted form and neither Stierblut nor third parties have access to it. With the exception of a refund if the goods are returned, this information will never be used again.
- Bank transfer (Sofortüberweisung): in the case of payment by bank transfer you are transferred to the payment site of sofortüberweisung.de after the order is placed. There you enter any further information which has to be provided, together with your PIN and TAN numbers. The service provider’s software will then transfer you to your bank. The acceptance of the transfer by the bank is then displayed to you without delay. Sensitive data is transmitted via a secure and SSL-encrypted connection. The PIN and TAN data is not saved or archived at any time. In the event of payment by bank transfer (Sofortüberweisung) your order will be processed immediately. For further information please see www.sofortüberweisung.de.
- PayPal: anyone with a bank account or credit card can pay via PayPal. For this purpose you can either transfer money from your bank account to your PayPal account, or take advantage of the option of paying by direct debit or credit card. If you select PayPal as your method of payment at the checkout you will immediately be transferred to the PayPal site. There you can implement your payment and, after payment has been received, you will receive email confirmation both from PayPal and from us. After payment has been implemented you will be returned to our shop automatically.
4 Delivery/shipping costs
- If not all of the articles ordered are available for delivery, Stierblut will have the right to make part deliveries if the customer can reasonably be expected to accept this. In this case we will be responsible for any additional shipping costs. Unless agreed otherwise, delivery will be ex-warehouse to the delivery address indicated by the customer.
- Shipping to addresses within Germany is free of charge for orders up from 50€. In the event of an exchange or complaint we are under no obligation to bear the resulting shipping costs.
- Shipping to other European countries: there are shipping and packing costs for each individual order, regardless of the value of the order. For the relevant costs please see the attached list of countries.
- For each order we will quote an overall price, including shipping costs.
SHIPPING CHARGES EUROPE
- Belgium: 8.00 €
- Bulgaria: 12.00 €
- Denmark: 8.00 €
- Estonia: € 12.00
- Finland: € 10.00
- France: 8.00 €
- Germany: 3,90€
- Greece: € 20.00
- UK: € 10.00
- Ireland: € 10.00
- Italy: € 10.00
- Latvia: € 12.00
- Lithuania: € 12.00
- Luxembourg: 8.00 €
- Netherlands: 8.00 €
- Norway: 10.00 €
- Austria: 8.00 €
- Poland: € 12.00
- Portugal: € 10.00
- Romania: € 12.00
- Sweden: € 10.00
- Switzerland: 8.00 €
- Slovakia: € 12.00
- Slovenia: € 12.00
- Spain: € 10.00
- Czech Republic: € 12.00
- Hungary: 12.00 €
Valid from: October 2015
5 Legal right of cancellation for consumers
Right of cancellation for consumers
A right of cancellation is enjoyed by consumers, who are defined as any natural entity implementing a legal transaction for purposes which cannot primarily be assigned to commercial or self-employed professional activities.
- Right of cancellation
You have the right to cancel this contract within 14 days without indicating your reasons for doing so.
The right of cancellation is valid for 14 days from the day on which you or a third party nominated by you other than the carrier of the goods take(s) delivery of the goods.
In order to exercise your right of cancellation you must inform us (KARE Design GmbH, Stierblut, Kreuzstr. 11, 80331 Munich; Tel +49 (0)89 4613 457 00; firstname.lastname@example.org) of your decision to cancel this contract by providing a declaration by post, fax or email. For this purpose you can use the sample cancellation form, although this is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send notification that you are exercising your right of cancellation before expiry of the cancellation period. For the return shipment you should create your return label here.
When returning from abroad you will bear the costs of returning the goods. Theestimated costs will normally be of about 30,- EUR.
- Consequences of cancellation
If you cancel this contract, we will refund all payments received from you, including shipping charges (except for additional costs arising if you choose a method of shipping different from the most cost-efficient standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive the notice of cancellation. For the refund we will use the same payment method which you applied in the original transaction, unless otherwise agreed with you. You will not incur any charges in relation to the refund. We may withhold the refund until the items have been returned to us or until you have provided evidence that you have shipped the goods, whichever is received earlier.
The goods must be returned to us without delay and at all events at the latest within 14 days from the day on which you inform us of the cancellation of this contract. If you send off the goods before the expiry of the 14 day period this deadline will have been met. We will bear the cost of returning the goods.
You will only be liable for a potential reduction in value of the items if this reduction in value is due to improper handling on your part that was not necessary for testing the quality, characteristics, and functioning of the items.
End of cancellation policy
Exclusion of the right of cancellation
The right of cancellation will not apply to contracts for the supply of goods made to client specifications, which are explicitly tailored to individual requirements, or are not suitable for return shipping because of their characteristics.
6 Retention of title
- Until paid for in full the supplied goods will remain the property of Stierblut.
- All goods from our online shop are subject to statutory warranty rights.
- If the packaging is damaged on delivery, we recommend that you should refuse to take delivery of the shipment and provide the carrier with information to this effect. If you only notice a defect after the package is opened, please contact us before you return the goods. In the event of justified claims we will be responsible for the return shipping costs.
- If the goods supplied by us show deficiencies, under statutory regulations you can require – as subsequent performance – the defect to be remedied or the supply of a replacement shipment without defects. If the subsequent performance is not successful you can reduce the purchase price or – in the event of significant defects – withdraw from the contract.
- All illustrations and data, in particular technical information, dimensions, weights and characteristics as well as descriptions of performance and prices are for information only. KARE accepts no liability for the correctness of this information. The products displayed on the website www.Stierblut.de are depicted as clearly and realistically as possible. However, KARE is unable to guarantee that the products will be an exact match for the way they are displayed on the customer’s monitor.
- The product illustrations are not necessarily identical with the appearance of the products which are supplied. In particular there may be changes in the appearance and features of the products if the manufacturer modifies the relevant product range. Warranty claims are excluded insofar as the changes are reasonable for the customer.
- In accordance with statutory regulations our liability will be without limitation in terms of product liability legislation, for personal injury and for damage resulting from deliberate wrongdoing or gross negligence on our part. This also applies to damage which is caused by those acting on our behalf.
- Unless we are liable on the basis of a warranty which has been provided, our liability for damage claims is otherwise limited as follows: for damage caused by slight negligence we will only be liable insofar as it results from the breach of essential contractual duties (cardinal duties). Cardinal duties are such obligations whose fulfilment makes the due performance of the contract possible in the first place, and upon the fulfilment of which the customer should be able to rely.
- In accordance with this provision our liability for slight negligence is limited to typically foreseeable damage. For delays in implementation resulting from slight negligence, our liability will be limited to typically foreseeable damage and to a maximum of 5% of the overall price agreed in the relevant contract.
- The above provisions apply correspondingly to a limitation of the obligation to provide compensation for fruitless expenditure (§ 284 BGB).
- The above limitations on liability also apply in favour of those acting on our behalf.
- The publications in the webshop are subject to German copyright law. The downloading and use of copyrighted material which is used or displayed by Stierblut on its online shop, in newsletters or in other media is permitted to customers for private use only. The copyrighted material of third parties which is used by Stierblut to display its products may not be used for purposes which exceed private use.
10 Closing provisions
- German law applies exclusively, to the exclusion of the UN Sales Convention.
- In commercial transactions with business entities and legal entities under civil law Munich will be the sole place of jurisdiction for all disputes.
Valid from: September 2017