Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Die Stempel Vertriebs GmbH) via the website stempelgmbh.myshopify.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
(4) Your requests for a quotation are non-binding for you. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the reception of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.
(3) We do not check the content accuracy of the transmitted data and therefore assume no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed about them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), is selected, payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are shown to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, Stripe may use other payment services; if special payment conditions apply, you will be informed about them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Die Stempel Vertriebs GmbH
Puttball 44
29485 Lemgow
Germany
Phone: 05883-989520
Email: diestempelgmbh@t-online.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g., by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Die Stempel Vertriebs GmbH) via the website stempelgmbh.myshopify.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the reception of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.
(3) We do not check the content accuracy of the transmitted data and therefore assume no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed about them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), is selected, payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are shown to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, Stripe may use other payment services; if special payment conditions apply, you will be informed about them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Die Stempel Vertriebs GmbH
Puttball 44
29485 Lemgow
Germany
Phone: 05883-989520
Email: diestempelgmbh@t-online.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g., by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/