General terms and conditions of business
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Steffen Hengge) via the website vanstuff.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is rejected.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither 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 Conclusion of the Contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods and/or repair services 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 at any time. After clicking the "Checkout" or "Proceed to Checkout" button (or similar) and entering your personal data as well as the payment and shipping terms, your order data will finally be displayed as an order summary.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also via the "back" function of your internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with payment obligation" or similar), you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) occurs immediately after the order by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days (unless another period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not blocked by SPAM filters.
§ 3 Custom-made Goods
(1) You provide us with the suitable information, texts, or files required for the custom design of the goods via the online ordering system or by email. 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 violates existing laws.
In the event of a breach of this duty, you are liable to us for damages incurred in this context due to claims legitimately asserted against us by third parties. This does not apply if you are not responsible for the legal violation.
(3) You are obliged to check the data for accuracy before submission. We do not check the transmitted data.
§ 4 Provision of Services for Assembly Work
(1) To the extent that assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We perform this to the best of our knowledge and belief, either personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time the assembly services are provided, you must provide the possibility to access the premises in a walk-through and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water. We are entitled to terminate the contract part concerning the provision of assembly services pursuant to Section 643 of the German Civil Code (BGB) if you do not fulfill your duties to cooperate. For this purpose, we will set you a reasonable deadline during which you can catch up on the necessary cooperation services.
(4) If you exercise your right of termination according to Section 648 Sentence 1 of the German Civil Code (BGB), we can demand 10% of the agreed remuneration as a flat-rate fee if execution has not yet begun. However, if a statutory right of withdrawal exists, this only applies if you exercise your right of termination after the expiry of the withdrawal period. You reserve the right to prove that no costs or significantly lower costs were actually incurred by us.
§ 5 Provision of Services for Repairs
(1) To the extent that repair services are the subject of the contract, we owe the repair work resulting from the service description. We perform this to the best of our knowledge and belief, either personally or through third parties.
(2) You are obliged to cooperate; in particular, you must describe the defect existing on the device as comprehensively as possible and make the defective device available.
(3) You bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including handing the device over for shipping, will take place within 5 - 7 days after receipt of the device to be repaired (however, if advance payment is agreed, only after the time of your payment instruction).
(5) If you exercise your right of termination according to Section 648 Sentence 1 of the German Civil Code (BGB), we can demand 10% of the agreed remuneration as a flat-rate fee if execution has not yet begun. However, if a statutory right of withdrawal exists, this only applies if you exercise your right of termination after the expiry of the withdrawal period. You reserve the right to prove that no costs or significantly lower costs were actually incurred by us.
§ 6 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed 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 displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment terms apply to this, you will be informed separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
(2) Payment via "Shopify Payments"
If you select 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), payment is processed 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 displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, Stripe may use other payment services; if special payment terms apply to this, you will be informed separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de (https://www.shopify.com/de/legal/terms-payments/de).
§ 7 Provision of Services for Vouchers (Voucher Terms)
(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the legal notice.
(2) Purchased vouchers entitle you to redeem the credit evidenced by the voucher against us within the validity period. Vouchers can be redeemed exclusively in our online shop at vanstuff.de/ or, if stated, in our local shop. The service description and the redemption conditions described therein at the time of purchasing the voucher apply.
(3) The validity period of the voucher is 3 years from the date of purchase, ending at the end of the calendar year, unless a different validity period is stated in the respective offer.
(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code in the designated input field. A subsequent offsetting is excluded. Any remaining credit remains on the voucher and can be used for further orders.
(5) Only one voucher can be redeemed per order.
(6) After the expiry of the withdrawal period or if the right of withdrawal for consumers expires, no refund or exchange will take place. A payout / partial payout of voucher amounts is not possible. Interest is not paid on the voucher credit. If the statutory right of withdrawal is exercised for goods or services paid for with the voucher, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.
(7) The passing on or transfer of the voucher is permitted.
§ 8 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 9 Warranty
(1) The statutory rights of liability for defects apply.
(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 has no effect on your statutory warranty claims.
(3) To the extent that a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting the contractual declaration and the deviation was explicitly and separately agreed between the contracting parties.
§ 10 Choice of Law
(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 in which the consumer has their habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the Seller
Steffen Hengge
Abt-Hafner-Str. 5
87629 Füssen
Germany
Phone: +4983629251800
Email: info@vanstuff.de
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options 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. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent 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 labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) must be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims 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 labeled button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipping only passes to you upon handover of the goods, 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 another person designated to carry out the shipment.
7. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on the termination of the contract as well as the termination conditions can be found in the regulations on "Assembly Services" in our General Terms and Conditions (Part I) as well as in the respective offer.
8.2. Information on the termination of the contract as well as the termination conditions can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and customer information were created by the lawyers specialized in IT law of the Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
