Terms of service

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Contract duration and contract termination for subscription contracts
7. Retention of title
8. Liability for defects (warranty)
9. Special conditions for processing goods according to specific customer specifications
10. Redeeming promotional vouchers
11. Redemption of gift vouchers
12. Applicable Law
13. Place of jurisdiction
14. Code of Conduct
15. Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of Stern & Schatz GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the seller with regard to the terms and conditions agreed by the seller in his the goods presented in the online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5Depending on the seller's product description, the subject of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). With a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually agreed time intervals.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by email, online contact form or telephone.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use https://www.paypal.com/de/WebApps/mpp/UA/Useragreem full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/WebApps/mpp/UA/Privacywax-Full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2.7Different languages ​​are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

2.9When ordering alcoholic beverages, the customer confirms with sending the order that he has reached the legally required minimum age.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

4) Prices and terms of payment

4.1Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also apply in relation to the money transfer if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online shop.

4.4If you select a payment method offered via the “PayPal” payment service, payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes.

4.5If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find more information about the “SOFORT” payment method online at https://www.klarna.com/immediately/ retrieve.

4.6If you select a payment method offered via the payment service “Shopify Payments”, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de available.

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or the institution that is otherwise intended to carry out the dispatch, if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller did not previously told the customer or institution.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5Pick -up is not possible for logistical reasons.

5.6Vouchers are provided to the customer as follows:

• by download
• by email

6) Duration of the contract and termination of the contract for subscription contracts

6.1Subscription contracts are concluded indefinitely and can be terminated by the customer at the end of each month.

6.2The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship to the agreed termination or until the expiry of a notice period.

6.3Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (termination button) provided by the seller on his website.

7) Removal of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

8) Liability for defects (warranty)

Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:

8.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the event of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded from used goods;
• the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

8.2If the customer acts as a consumer in the case of contracts for the delivery of used goods with the restriction of the subsequent number: The limitation period for claims for defects is one year from the delivery of the goods if this has been expressly and separately agreed between the parties and the customer before submitting his contract has been informed of the shortening of the limitation period.

8.3The liability restrictions and deadline reductions, which are regulated above, do not apply

• For claims for damages and expenses of the customer,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used for a building according to their usual uses and whose deficiency have caused,
• for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

8.4In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

8.5If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.

8.6If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

9) Special conditions for the processing of goods according to certain requirements of the customer

9.1If the seller owes the processing of the goods according to the content of the contract In addition to the goods delivery, according to certain requirements of the customer, the customer has all the content required for the processing, such as texts, images or graphics in the file formats specified by the seller, formatting, image and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for procurement and acquisition of rights. The customer explains and assumes the responsibility that he has the right to use the content provided to the seller. In particular, he ensures that this does not violate the rights of third parties, in particular copyright, trademark and personal rights.

9.2The customer releases the seller of claims by third parties who can assert them in connection with a violation of their rights by the contractual use of the content of the customer by the seller. The customer also assumes the necessary costs of legal defense, including all court and legal fees, in a statutory amount. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and fully, and completely available for the examination of claims and defense.

9.3The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official bans or good customs. This applies in particular if the constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and/or violent content applies.

10) Redeem of action vouchers

10.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

10.2Promotional vouchers can only be redeemed by consumers.

10.3Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the campaign voucher.

10.4Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.5Multiple promotional vouchers can also be redeemed with one order.

10.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

10.8The balance of a promotional voucher will neither be paid out in cash nor interest.

10.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.10The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

11) Gift Certificate Redemption

11.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

11.2Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

11.4Multiple gift vouchers can also be redeemed with one order.

11.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

11.7The balance of a gift voucher will neither be paid out in cash nor interest.

11.8The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

12) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

14) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are visible.

15) Alternative dispute resolution

15.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/Consumers/ODR

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

15.2The seller is not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board, but is ready for this.