General terms and conditions
General terms and conditions
The following terms and conditions include information about your legal rights under the provisions of distance contracts and e-commerce.
The following general terms and conditions are applicable for all orders delivered to customers of stilbag.com via Stilbag OHG (hereinafter referred to ask stilbag).
2. Trade partner
A sales contract will take place with Stilbag OHG, represented by Bogdan Ses and Manuela Kluge, Gartenfeldstrasse 11, 54295 Trier. Our customer service line is available for questions and complaints Monday – Thursday, from 9.30am to 4.30pm by phone on +49 (0)651 561 327 0 or via email at firstname.lastname@example.org.
3. Offer and conclusion of purchase contract
3.1 The advertisement of products in our online store does not present a legally binding contract, but acts as an invitation for a purchase order.
3.2 By clicking on the order button in our online store, you thereby place a legally binding order for the goods listed. The purchase contract is set in place once we receive your order and confirm with a confirmation email.
3.3 We will make a record of the purchase contract and provide you with the order details via email. Previous order details are also visible on your account.
4. Right of revocation
4.1 Consumers are able to cancel their order within two-weeks of order confirmation.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Stilbag OHG, Gartenfeldstr. 11, 54295 Trier, Germany, telephone number: +49(0)651-5613270, email-address: email@example.com)
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.stilbag.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost 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.
The right does not apply to distance contracts for the delivery of goods, which are manufactured according to customer specification.
5. Prices and shipping costs
5.1 The prices advertised on the product pages include all value-added tax and other inclusive costs.
5.2 Delivery is cost-free within Germany, other EU countries and Switzerland. The cost of shipping will be clearly disclosed on the product page, in your shopping cart and on the final order page.
6.1 Orders ship only within Germany, the EU and Switzerland with Deutsche Post or DHL.
6.2 Shipping times are disclosed on the corresponding product page.
7.1 Payment may be completed either via bank transfer, direct debit, credit card payment or PayPal.
7.2 Any compensation to be paid will be available to you only if counterclaims have been established in court, or are considered to be undisputed by stilbag in writing.
7.3 The customer is only entitled to withhold payment if claims relate to the same purchase contract.
8. Reservation of rights
Until full payment has been received, all goods remain the property of stilbag.
9. Limitation of liability
9.1 Claims for compensation by the customer are excluded, provided none of the following exceptions apply. The above disclaimer applies to the legal representatives and agents of the vendor in the eventuality of a submitted claim.
9.2 Excluded from the disclaimer given in clause 9.1 are claims for compensation due to injury to life, limb and health, and compensation resulting from a breach of essential contractual obligations. Essential contractual obligations are those which are unavoidable in order to fulfil the terms of the contract, e.g. the vendor is obliged to provide the customer with goods free of material or legal defects, and to surrender ownership upon completion of payment. Also excluded from the disclaimer given in clause 9.1 is any liability for compensation based on an intentional or grossly negligent breach of contract by the vendor, the vendor’s legal representatives or other agents.
9.3 Provisions of the Product Liability Act (ProdHaftG) will be unaffected.
9.4 Due to the current state of technology, we cannot guarantee that the communication of data over the internet will function correctly and error-free at all times. We are not directly responsible for the continual availability or functioning of our internet store, or for any damage cause to the customer resulting from this.
10. Copyright pertaining to the content of customers’ custom designs
10.1 The customer is solely responsible for the content of the submitted designs and related image files.
10.2 The customer ensures on behalf of stilbag that all submitted designs are free of any third-party rights, do not violate any legal regulations or laws, and do not contain any violent, pornographic or derogatory content.
10.3 Should stilbag be held liable by a third party for any infringement, the customer shall free stilbag from all resulting major or minor obligations. All defence costs and other fees shall be the responsibility of the customer.
10.4 Stilbag reserves the right to reject any orders from third parties that arise from the infringement of copyrights. Notification of this will be carried out via email.
11.1 All goods from our shop are subject to legal warranty rights.
12.1 The European Commission provides a platform for online dispute resolution (OS). These can be found at the following link http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their dispute. We are not obliged and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.