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Translation notice: This English version has been translated electronically and is provided for information purposes only. The original German-language version is legally binding.
GTC
General Terms and Conditions
Information for consumers in distance contracts and customer information
for contracts in electronic commerce
§ 1 Scope
These General Terms and Conditions apply to business relationships between us and the customer
which arise from enquiries submitted via our website and the individual offers resulting from
such enquiries. The version of these General Terms and Conditions valid at the time the contract
is concluded shall apply.
§ 2 Conclusion of contract
The presentation of our products on our website merely constitutes an invitation to the customer
to submit an enquiry.
The customer receives confirmation that the enquiry has been received and subsequently
an individual offer by e-mail.
The contract with us is concluded when the customer accepts our offer in writing or in text form
within 2 working days. If the customer makes full advance payment in response to the offer, this
shall also be deemed acceptance. The applicable delivery time is stated in the individual offer.
The relevant point in time is the time at which the offer is received by the customer.
A working day is any calendar day that is neither a Sunday nor a public holiday applicable
throughout Germany.
§ 3 Delivery, shipping costs, transfer of risk
Delivery is made at the shipping costs stated in each individual case.
If the customer is a consumer, we bear the shipping risk regardless of the method of shipment.
If the customer is an entrepreneur, all risks and hazards associated with shipment pass to the
customer as soon as the goods have been handed over by us to the commissioned logistics provider.
§ 4 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 5 Payments
As part of the enquiry, the customer may select the preferred method of payment.
The selected method of payment is taken into account when we prepare our individual offer.
The payment terms stated in the respective offer shall be decisive.
§ 6 Liability for defects
The statutory rights relating to defects apply.
§ 7 Information for consumers in distance contracts and customer information
for contracts in electronic commerce
a) We are not subject to any special codes of conduct not already mentioned above.
b) Any input errors when submitting an enquiry can be identified before the enquiry is sent and
corrected using the available delete and modification functions.
c) The essential characteristics of the goods offered by us and the validity period of limited
offers can be found in the individual product descriptions on our website.
d) The language available for conclusion of the contract is German.
e) Complaints and claims relating to defects can be submitted to the address stated in the legal
notice (Imprint).
f) The contractual documents are sent to the customer by e-mail. The contract text is not made
permanently available in a customer account.
g) Information on payment, delivery, delivery time and performance can be found in the respective
individual offer.
§ 8 Notice concerning participation in the Landbell AG exemption system
Not applicable.
§ 9 Miscellaneous
The law of the Federal Republic of Germany applies to the contractual relationship between us
and the customer and to the respective General Terms and Conditions. If the customer is a consumer,
the mandatory statutory provisions and rights protecting the consumer under the law of the state
in which the consumer has his or her habitual residence remain unaffected by this choice of law.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Information on the right of withdrawal and model withdrawal form for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are
predominantly outside his or her trade, business or self-employed professional activity.)
Information on the right of withdrawal
The right of withdrawal does not apply to distance contracts for the supply of goods which are
not prefabricated and for the manufacture of which an individual choice or decision by the consumer
is decisive, or which are clearly tailored to the personal needs of the consumer.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you,
who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us
(Minh Dieu & Peter Staps GbR -- Schmiedeeisen & Edelstahl -- Regattastr. 43
-- D - 12527 Berlin -- E-mail: mail@staps-arte.de -- Telephone: +49 (030)
636 98 00 -- FAX: +49 - (0)30 - 639 79 616)
of your decision to withdraw from this contract by means of a clear statement
(for example a letter sent by post, fax or e-mail). You may use the attached model withdrawal
form for this purpose, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning
your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including
delivery costs (except for the additional costs resulting from your choice of a type of delivery
other than the least expensive standard delivery offered by us), without undue delay and no later
than fourteen days from the day on which we receive notification of your withdrawal from this
contract. We will use the same means of payment for the reimbursement as you used for the original
transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees
as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied
evidence that you have sent the goods back, whichever occurs first.
You must return or hand over the goods without undue delay and in any event no later than
fourteen days from the day on which you notify us of your withdrawal from this contract to
Minh Dieu & Peter Staps GbR - Schmiedeeisen & Edelstahl - Regattastr. 43 -
D - 12527 Berlin. The deadline is met if you send the goods before the fourteen-day period
has expired.
You bear the direct costs of returning the goods if, due to their nature, the goods can normally
be returned by post.
You bear the direct costs of returning the goods in the amount of EUR 289.90 if, due to their
nature, the goods cannot normally be returned by post.
You are only liable for any diminished value of the goods resulting from handling other than
what is necessary to establish the nature, characteristics and functioning of the goods.
End of the information on the right of withdrawal
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To Minh Dieu & Peter Staps GbR - Schmiedeeisen & Edelstahl -
Regattastr. 43 - D - 12527 Berlin - E-mail: mail@staps-arte.de - Telephone: +49 (030)
636 98 00 - FAX: +49 - (0)30 - 639 79 616:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
END of model withdrawal form
Please note: Where possible, please do not return the goods carriage forward, but as a prepaid parcel.
Please avoid damage to and contamination of the goods.
Where possible, please return the goods in the original packaging together with all accessories
and all packaging components.
If you no longer have the original packaging, please use suitable packaging to avoid damage in transit.
The above arrangements are not a prerequisite for the effective exercise of the right of withdrawal.