General Terms and Conditions
(as of 16 July 2024)STABILEZELTE
GTC with customer information for contracts with consumers
Content
- § 1 Scope of application and provider
- § 2 Conclusion of the contract
- § 3. right of cancellation
- § 4 Terms of payment
- § 5 Delivery
- § 6 Retention of title
- § 7 Warranty (liability for defects)
- § 8. guarantee
- § 9. choice of law
- § 10. settlement of disputes
- § 11. final provisions
§ 1 Scope and provider
§ 1.1 The following General Terms and Conditions (GTC) apply to all contracts of the company
Andy Kaiser (SELLER)
Wandersmannstr. 60a
65205 Wiesbaden
Phone: +49 611 - 73 66 9790
Fax: +49 611 - 73 66 9799
Email: info@stabilezelte.de
VAT ID: DE813871904
with consumers (BUYERS), which are concluded by way of distance selling within the meaning of § 312e BGB via the
online shop
www.stabilezelte.com, as well as in direct sales at the
SELLER's business address.
§ 1.2 A consumer within the meaning of the law is any natural person who concludes a legal transaction for a purpose which can predominantly be attributed neither to his commercial nor his independent professional activity .
§ 1.3 Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless their validity is expressly agreed.
§ 1.4 The delivery area and thus the scope of application of these General Terms and Conditions is the territory of the EU, Great Britain and Switzerland. In each case excluding islands, if applicable.
§ 2 Conclusion of the contract
§ 2.1 The SELLER's offers are delivered or manufactured and delivered exclusively in the illustrations, designs, packaging units or minimum quantities specified in the respective current Internet offer, catalogue, brochure (hereinafter "offers").
§ 2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.
§ 2.3 The SELLER may accept the BUYER's offer,
- by sending the BUYER a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the BUYER is decisive in this respect, or
- by delivering the ordered goods to the BUYER, whereby the receipt of the goods by the BUYER is decisive , or
- by requesting payment from the BUYER after the BUYER has placed the order.
§ 2.4 If a payment method offered by PayPal is selected, payment will be processed 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"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full?locale.x=en_DE or - if the BUYER does not have a PayPal account at - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full?locale.x=en_DE. If the BUYER pays by means of a payment method offered by PayPal that can be selected in the online order process , the SELLER hereby declares acceptance of the offer of the BUYER at the time the BUYER clicks the button that completes the order process.
§ 2.5 When submitting an offer via the SELLER's online order form, the text of the contract is saved by the SELLER after the conclusion of the contract and sent to the BUYER in text form (e.g. e-mail, fax or letter) after the order has been sent. Any further access to the text of the contract by the SELLER does not take place. If the BUYER has set up a user account in the online shop of the SELLER before sending his order, the order data is archived on the SELLER's website and can be accessed free of charge by the BUYER via his password-protected user account by entering the corresponding login data .
§ 2.6 Before submitting a binding order via the SELLER's online order form, the BUYER can recognise possible input errors by carefully reading the information displayed on the screen. A The SELLER effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The BUYER can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that finalises the ordering process.
§ 2.7 The German language is available for the conclusion of the contract.
§ 2.8 Order processing and contact are usually carried out by e-mail and automated
order processing. The BUYER must ensure that the
e-mail address provided by him for order processing is correct, so that the e-mails sent by the SELLER can be
received at this address
. In particular, when using SPAM filters, the BUYER must ensure that all e-mails sent by the SELLER
or
by third parties commissioned by the SELLER to process the order can be delivered.
By clicking on the "Order with obligation to pay" button, the BUYER places a binding order for the goods listed on
of the
order page ("Check and order"). The purchase contract is concluded when the SELLER
accepts the
order by sending an order confirmation by e-mail immediately after receiving the order.
When ordering an advertising print, the BUYER receives a non-binding offer from the SELLER and a proof for approval
for quality assurance. The work/purchase contract is concluded when the PURCHASER gives us the print approval.
§ 2.9 The prices quoted are final prices (within the EU), which already include all components, such as the applicable VAT. Shipping costs will be charged separately according to the information in the offer, if applicable . The shipping costs are again clearly communicated to the BUYER on the product pages, in the shopping basket system and on the order page . Unless expressly stated otherwise in the SELLER's offers, prices refer to the respective items offered as described, but not to accessories or decoration.
§ 2.10 Customs clearance, customs duties and taxes
- For non-EU countries (e.g. Switzerland, Great Britain), additional customs clearance costs, customs duties and taxes may apply. These are borne by the recipient and will be invoiced by the transport company after delivery.
- In the customs forms for parcels to countries outside the EU, the value of the items contained in the delivery is listed by product type. The SELLER reserves the right to provide such information to simplify the procedure for the BUYER or out of legal obligation.
- Customs can open parcels for inspection, the SELLER has no influence on this.
- Customs or import charges are levied as soon as the parcel reaches the country of delivery.
- Fees for customs clearance are at the expense of the BUYER.
- The SELLER has no influence on the fees and cannot predict their amount.
- Customs regulations vary considerably from country to country. For further information, please contact the respective local customs authorities.
- The customs authorities of some countries require the importer of goods to provide special proof of identification, before a consignment is released. As the importer of the goods, the BUYER or the recipient of the consignment may be asked to provide an identification number, e.g. national identification number, CPF or tax number, .
§ 3 Right of cancellation for consumers
The BUYER has the right to cancel this contract within fourteen days without giving reasons in accordance with the statutory provisions. In all other respects, the provisions set out in detail apply to the right of cancellation are set out in the following
§ 3.1 Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is 14 days from the day a) on which you or a third party named by you, who is not the
carrier, have taken possession of the goods or b) on which you or a third party named by you, who is not the
carrier, took or has taken possession of the last goods c) on which you or a third party named by you, who is not
the carrier, took or has taken possession of the last partial consignment or the last item.
To exercise the right to cancel, you must inform us
Fa. Andy Kaiser Wandersmannstr. 60a, 65205 Wiesbaden-Erbenheim Phone: +49 611 / 73 66 97 90 Fax: +49 611 / 73 66
97 99 email:
info@stabilezelte.de
fax
or e-mail).By means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached cancellation form , but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification of the exercise of the right of cancellation before the cancellation period expires.§
3.2 Consequences of withdrawal
If you withdraw from this contract, The SELLER shall reimburse to you all payments received by The SELLER from you , including the costs of delivery (with the exception of the supplementary costs resulting from choosing a type of delivery other than the least expensive type of standard delivery offered by us ), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, the SELLER will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you ; in no case will you be charged any fees for this repayment.
The SELLER may refuse the refund until The SELLER has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier time . You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met , if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods .
- End of the cancellation policy -(¹ This cancellation policy does not apply to the separate delivery of goods)
§ 3.3 Exceptions to the right of cancellation
The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, such as the advertising prints offered by us. §
3.4 Costs for returning the goods in the event of cancellation
The BUYER shall bear the costs of returning the goods in the event of cancellation.
§ 4 Terms of payment
§ 4.1 Payment in advance
The BUYER is generally obliged to pay in advance. Unless BUYER and SELLER agree otherwise , the purchase price is due immediately and must be paid by the BUYER via the payment methods offered by the SELLER at . If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract , unless the parties have agreed a later due date. The SELLER shall provide the BUYER with its bank details in the order confirmation and shall deliver the goods after receipt of payment.
§ 4.2 Payment with PayPal
If payment is made using a payment method offered by PayPal, payment is processed 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"), subject to the PayPal Terms of Use, available at PayPal Terms of Use or - if the BUYER does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at "Payments without a PayPal account".
§ 4.3 Purchase on account by Klarna (for private customers)
If a payment method "Purchase on account by Klarna " offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter
"Klarna"). Further information and Klarna's terms and conditions can be viewed here:Buy now - pay later
§ 4.4 Payment by instalments by Klarna
If you select a payment method offered via the "Klarna" payment service "Payment by instalments by Klarna " , payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here: Pay-as-you-go
§ 4.5 Instant Bank Transfer by Klarna
If a payment method "Instant Bank Transfer by Klarna" offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here: GTC Direct Debit by Klarna
§ 4.6 Payment via "Apple Pay"
In order to be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information can be found in the order process. Apple Pay & Privacy
§4.7 Payment by credit card Mastercard/Visa/AmEx (incl. Maestro)
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order .
§ 4.8 Payment via "Mollie"
If you select a payment method offered via "Mollie", payment is processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie"). The individual payment methods via "Mollie" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. Mollie" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately . Further information on "Mollie" can be found at Mollie.com/en
§ 4.9 Default and reminder fees
Invoices are due immediately and without any deductions. If the BUYER defaults on payment, the SELLER shall be entitled to demand reminder fees in the amount of EUR 3 and default interest in the amount of 5% above the respective base interest rate , unless the SELLER proves higher damages in individual cases or the BUYER proves lower damages .
§ 5 Delivery
§ 5.1 If the SELLER offers to dispatch the goods, delivery shall be made within the delivery area specified by the SELLER to the delivery address specified by the BUYER, unless otherwise agreed. In the case of processing the transaction, the delivery address specified in the SELLER's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address provided by the BUYER at the time of payment at PayPal is decisive.
§ 5.2 If the delivery of the goods fails for reasons for which the BUYER is responsible, the BUYER shall bear the reasonable costs incurred by the SELLER as a result. This does not apply with regard to the costs for the return shipment if the BUYER effectively exercises his right of cancellation. For the return costs, the provision made in the SELLER's cancellation policy applies if the BUYER effectively exercises the right of cancellation.
§ 5.3 If the BUYER acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the BUYER or a person authorised to receive the goods upon delivery of the goods to the BUYER. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the BUYER, even in the case of consumers, as soon as the SELLER has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the BUYER instructs the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment with the execution and the SELLER has not previously named this person or organisation to the BUYER.
§ 5.4 The SELLER reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the SELLER is not responsible for the non-delivery and the SELLER has concluded a specific covering transaction with the supplier with due care. The SELLER shall make every reasonable effort to procure the goods. In the case of non-availability or only partial availability of the goods, the BUYER shall be informed immediately and shall be reimbursed the consideration immediately if desired.
§ 5.5 The delivery time within Germany is up to 3 working days (Mon-Fri). The SELLER shall indicate any deviating delivery times on the respective product page. For deliveries outside Germany, there may be a different delivery time.
§ 6 Retention of title
The SELLER retains title to the delivered goods until full payment has been made. The delivered goods remain the property of the SELLER until full payment has been made. Prior to transfer of ownership, pledging, transfer of ownership by way of security, processing or remodelling is not permitted without the express consent of the SELLER.
§ 7 Warranty (liability for defects)
The statutory warranty provisions shall apply. The warranty period is two years and begins with the handover of the goods.
§ 8 Warranty
§ 8.1 Spare parts replacement guarantee
The SELLER offers the BUYER a spare parts replacement guarantee of 10 years for all pavilions, folding pavilions, garden pavilions, party tents, storage tents and combi tents offered.
§ 8.2 Rust-through guarantee
The SELLER offers the BUYER a rust-through guarantee of 5 years for all pavilions, folding pavilions, garden pavilions, party tents, storage tents and combi tents offered.
§ 8.3 Construction guarantee
The SELLER offers the BUYER a construction guarantee of 2 years for all pavilions, folding pavilions, garden pavilions, party tents, storage tents and combi tents offered.
§ 8.4 Guarantee conditions
The guarantee granted applies to purchases from the SELLER (stabilezelte.de). The warranty period begins with the purchase date and is ten, five or two years. The invoice or a corresponding payment receipt must be kept as proof of purchase and presented when claiming under the guarantee.
§ 8.5 Scope of warranty
1. The SELLER grants a 2-year construction warranty on the frame. This warranty covers all rods and connecting parts as well as attached push buttons, locking bolts, springs, spring, folding and scissor mechanisms, screws and rivets. All tarpaulin parts and elasticated straps are excluded from this guarantee.
2. The SELLER grants a 5-year rust-through guarantee on all metal parts. Should one of the frame parts (tubular steel poles, tubular steel connectors and disc feet with tubular steel) of one of our gazebos or tents be rusted through, i.e. a hole has been created in the material due to corrosion, the SELLER will replace it free of charge. There is no rusting through within the meaning of this declaration if there is only an externally visible rusting on the poles.
3. The SELLER grants a 10-year spare parts after-sales guarantee. The BUYER receives all spare parts suitable for his purchased tent for at least 10 years . It should be noted that the matching parts may change in colour, shape or quality over time, but will always fit and therefore not restrict the use of the product. The PURCHASER has the option of purchasing all spare parts for the purchased product for at least 10 years from the date of purchase .
§ 8.6 Warranty claim
To register a warranty claim, the BUYER can contact the SELLER in text form using the address data specified under § 1.1, send an e-mail or simply use the contact form.
In order to assess whether it is a warranty case, the SELLER requires from the BUYER meaningful photographs of the affected component for which warranty claims are to be made, which must preferably be sent to by e-mail to the above-mentioned contact details.
Within a reasonable period of time from the notification of the warranty claim, the facts of the case will be examined and if a warranty claim exists, the part will be repaired or an identical or comparable replacement part will be delivered. The SELLER shall bear the costs for the replacement product and delivery.
The BUYER must keep the part to be replaced until the SELLER has delivered a complete replacement, as it may need to be inspected for quality assurance reasons. In this respect, the SELLER reserves the right, that the part to be replaced must be sent to the SELLER at the BUYER's expense
§ 8.7 Warranty exclusion
The purchased product is only covered by this warranty if it was purchased in one of the member states of the European Union, it is operated in Germany when the warranty claim occurs and warranty services can also be provided in Germany.
Defects must be reported to the SELLER within two months of becoming aware of them.
No guarantee can be given for all tarpaulin parts and elasticated straps and damage caused by external influences of any kind (e.g. weather), commercial use or as a result of excessive strain, misuse, manipulation or improper handling.
Excluded from the warranty are therefore in particular wear and tear, the use of the goods, or defects that have occurred due to circumstances that have arisen due to incorrect use or due to behaviour that does not fall within the SELLER's area of responsibility.
The warranty is also excluded in cases where the defects have arisen because the respective instructions for use have not been followed.
The SELLER reserves the right to first check the products or images sent in for the warranty conditions standardised here .
The SELLER points out that the warranty period itself is not extended in the event of a warranty claim. Of course, in such cases, no new warranty period of another ten, five or two years can be granted. However, the remaining warranty period for the originally purchased product will continue to apply .
§ 8.8 Statutory claims for defects and product liability
The statutory claims for defects for subsequent fulfilment, withdrawal or reduction and damages or reimbursement of expenses, the use of which is free of charge, exist in addition to guarantees and are not limited by the guarantees. Claims under the Product Liability Act also remain unaffected.
§ 9 Choice of law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods (UN Sales Convention). For consumers, this choice of law only applies 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.
§ 10 Dispute resolution
§ 10.1 Internet platform
The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations, which arise from online purchase contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr.
§ 10.2 Participation
The SELLER is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Final provisions
Should individual provisions of the contract be wholly or partially invalid or unenforceable, or subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions of this contract.
