§1 APPLICABILITY, DEFINITION OF TERMS
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) of Sturfer GmbH, Lindenstraße 12, 83395 Freilassing, Germany (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or company (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
(2) These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly provided otherwise.
(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§2 CONCLUSION OF THE CONTRACTS, STORAGE OF THE CONTRACT TEXT
(1) The following regulations on the conclusion of the contract apply to orders placed via our online store at https://sturfer.com
(2) The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
(3) The Seller may accept the offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after the customer’s order has been placed.
If more than one of the aforementioned alternatives exists, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of 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 shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
(4) If a payment method offered by PayPal is selected, the payment shall 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 and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have his own PayPal account – under the terms and conditions for payments without a PayPal account, https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that concludes the ordering process.
(5) When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
(6) In case of conclusion of the contract, the contract is concluded with Sturfer GmbH, Lindenstraße 12, 83395 Freilassing, Germany.
(7) Before the binding submission of the order via the online order form, the contract data can be printed out or electronically saved using the browser’s print function.
(8) The customer can recognize possible input errors by carefully reading the information displayed on the screen. Input errors can be corrected using the usual keyboard, mouse and browser functions (such as the browser’s “back button”).
(9) Only the German language is available for the conclusion of the contract.
(10) (10) The order processing and contacting usually takes place by e-mail and by automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer 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.
§3 SUBJECT OF THE CONTRACT AND ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
(1) Subject matter of the contract of our online store is:
– the sale of goods. The specific goods offered can be found on our product pages.
– the provision of services. The concrete services offered can be found on our article pages.
(2) The essential characteristics of the goods and services can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§4 RIGHT OF WITHDRAWAL
(1) Consumers are generally entitled to a right of withdrawal.
(2) More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
§5 PRICES AND TERMS OF PAYMENT
(1) Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
(2) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import-related information such as taxes (for example, customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(3) The payment option(s) will be communicated to the Customer in the Seller’s online store.
§6 DELIVERY AND SHIPPING CONDITIONS
(1) The delivery of the goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
(2) If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instructions shall apply to the return costs.
(3) In case of self-collection, the customer will first be informed by the seller by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods at the seller’s registered office after consultation with the seller. In this case, no shipping costs will be charged.
(4) Vouchers shall be issued to the customer
– by e-mail
(5) All products offered are ready for immediate shipment, unless clearly stated otherwise in the product description (the standard delivery time for national shipment is between five and ten working days from goods issue).
(6) The following delivery area restrictions apply: Delivery is made exclusively to the following countries: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden.
§7 RETENTION OF TITLE
(1) If the Seller makes advance performance, it shall retain title to the delivered goods until the purchase price owed has been paid in full.
§8 LIABILITY FOR DEFECTS (WARRANTY)
(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
(2) The Customer is requested to complain about delivered goods with obvious transport damages to the delivery person and to inform the Seller immediately. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
(3) The warranty period for delivered goods vis-à-vis companies shall be 12 months.
§9 SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CERTAIN SPECIFICATIONS OF THE CUSTOMER
(1) If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for obtaining and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he shall ensure that no rights of third parties are infringed, especially copyrights, trademark rights and personal rights.
(2) The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer’s content by the Seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of all claims and a defense.
(3) The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
§10 REDEMPTION OF PROMOTIONAL VOUCHERS
(1) Vouchers 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 “Promotion Vouchers”) may only be redeemed in the Seller’s online store and only during the specified period.
(2) Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
(3) Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is impossible.
(4) Only one single promotional voucher can be redeemed per order.
(5) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
(6) If the value of the promotional voucher is not sufficient to fully cover the order, one of the other payment methods offered by the Seller may be used to settle the difference.
(7) The credit balance of the promotional voucher is neither paid out in cash nor does it earn interest.
(8) The promotional voucher shall not be refunded if the customer returns the goods/s paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
(9) The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal capacity or lack of representative authority of the respective holder.
(10) (10) Promotional vouchers are not applicable to shipping costs, unless expressly agreed otherwise.
§11 REDEMPTION OF GIFT VOUCHERS
(1) Vouchers which can be purchased via the Seller’s online store (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Voucher.
(2) Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is impossible.
(3) Several gift vouchers can be redeemed for one order.
(4) Unless expressly agreed otherwise, gift vouchers may only be redeemed for the purchase of goods and not for the purchase of services.
(5) Gift certificates can only be redeemed for the purchase of goods and not for the purchase of other gift certificates.
(6) If the value of the gift voucher is not sufficient to fully cover the order, one of the other payment methods offered by the Seller may be used to settle the difference.
(7) The balance of a gift voucher is neither paid out in cash nor does it earn interest.
(8) Gift certificates are transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.
§12 APPLICABLE LAW
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply 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 habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
§14 ALTERNATIVE DISPUTE RESOLUTION
(1) The European Commission provides a platform for online dispute resolution (OS), which can be reached at https://ec.europa.eu/customers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
(2) The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.