General Terms and Conditions stAPPtronics GmbH
1.1. For the business relationship between stAPPtronics GmbH, Managing Director: Peter Krimmer, Frutzstrasse 4, 6832 Sulz (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply in their version valid at the time of the order.
1.2. The customers in the sense of the following regulations are both consumers and entrepreneurs in the sense of the GTC.
1.3. Deviating conditions of the customer are not recognized unless the lender/seller expressly agrees to their validity.
1.4. The GTCs also apply to rental positions.
- Offers and service descriptions
2.1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller/loaner do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. For the rest, errors remain reserved.
2.3. Offers are always subject to change and non-binding unless we have expressly designated them as binding in writing. The entrepreneur is bound to his order.
2.4. The product-describing specifications contained in brochures or similar documents and those made with any other offer are only approximately authoritative, unless the usability for the contractually intended purpose requires exact conformity or they are not expressly designated as binding. Deviations customary in the trade and changes which are made based on legal regulations or represent technical improvements are permissible insofar as they do not impair the usability for the contractually intended purpose.
- Order process and contract conclusion
3.1. Online order of a rental or a purchase
3.2. By clicking the [Submit Order] button, the borrower/customer submits a binding request to borrow/purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The lender/seller then sends the borrower/customer an automatic confirmation of receipt by e-mail, in which the customer’s/borrower’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the lender/seller and does not constitute acceptance of the application. The loan/purchase contract is only concluded when the loan provider/seller has sent or handed over the ordered product to the borrower/customer or has confirmed the dispatch to the customer/borrower with a second e-mail, express order confirmation or sending of the invoice.
3.4. If the lender/seller allows payment in advance, the contract is concluded with the provision of the bank data and request for payment. If the payment is not received by the lender/seller within 10 calendar days after sending the order confirmation, the lender/seller withdraws from the contract with the consequence that the order is invalid, and the lender/seller is not obliged to deliver. The order is then completed for the borrower/customer and lender/seller without further consequences. A reservation of the article in the case of prepayment is therefore made for a maximum of 10 calendar days.
3.5. If the product is not returned by the borrower within the period agreed in the order, the lender is entitled to charge the full amount of the product. Ownership is then transferred to the borrower.
- Prices and shipping costs
4.1. All prices stated on the website of the Lender are inclusive of the statutory value-added tax applicable at the time.
4.2. The agreed prices do not include other ancillary services but do include the sales tax applicable at the time of delivery. We deliver in customary packaging; any special packaging required (e.g., seaworthy packaging) shall be borne by the customer. Freight and free shipping shall only be provided upon special written agreement.
4.3. The customer will be charged the respective valid transport costs or freight rates as well as, if the customer wishes to insure the shipment, the insurance costs.
- Delivery, product availability
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer/loaner despite three delivery attempts, the seller/lender can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the Seller/Lender is not supplied with this product by its supplier through no fault of its own, the Lender may withdraw from the contract. In this case, the seller / lender will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller/lender will immediately reimburse the customer for any consideration already paid. Customers are informed about delivery times and delivery restrictions (e.g., limitations on deliveries to certain countries) on a separate information page or within the relevant product description.
5.4. Customers/shippers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) in the “additional information” section within the respective product description.
5.5. Delivery periods and delivery dates are based exclusively on our order confirmation. They shall be deemed to have been complied with if the delivery item has left our premises or notification of readiness for dispatch has been given by the time they expire.
5.6. We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining the necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which we are not responsible. If such events make it considerably more difficult or impossible for us to deliver or perform and the hindrance is not only of temporary duration, we shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended, or the delivery or service deadlines shall be postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service because of the delay, he may withdraw from the contract by immediately notifying us in writing.
5.7. If we are in default, the customer may withdraw from the contract to this extent after expiry of a reasonable period of grace granted to us. This shall not give rise to any claims for damages on the part of the customer/loanee.
- Payment arrangements
6.1. Our invoices are due for payment immediately, subject to other contractual agreements. Entrepreneurs do not have the right to refuse performance, retention or set-off against our claims, unless the counterclaims have been legally established or are undisputed or are in a reciprocal relationship with our claims. This does not apply to consumers.
6.2. The customer/loanee can choose from the available payment methods as part of and before completing the order process.
6.3. If third-party providers are commissioned with the payment processing, e.g. PayPal, their general terms and conditions apply.
6.4. If the customer/loaner defaults on payment, the statutory default interest shall be charged. The Seller/Lender expressly reserves the right to assert a higher damage caused by default. The right of the customer/loaner to prove a lesser loss remains unaffected.
6.5. The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller/supplier. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
6.6. Our price quotations are based on the material costs and collectively agreed wage costs. The prices from the price list valid on the day of the order confirmation are decisive; in the case of delivery without order confirmation bidding or after conclusion of the contract significant changes in and/or product manufacturing costs, we and our customer are entitled to demand changes in the price factors if the deliveries are to be made more than four months after conclusion of the contract. In the event of a price increase after this time, which exceeds the initially agreed price by more than 10%, the consumer has the right to withdraw from the contract.
6.7. We expressly reserve the right to deliver against cash on delivery or prepayment. In the event of default of acceptance by the customer, we are entitled to charge readiness costs in the amount of 0.5% of the value of the goods. We reserve the right to charge demonstrably higher costs. The proof of lower provision costs by the customer remains unaffected by this.
6.8. If the customer refuses to accept the goods after the expiry of a reasonable grace period granted to him or if he expressly declares in advance that he will not accept the goods, we shall be entitled to withdraw from the contract in such a case and to claim damages in the amount of 20% of the order value, unless the customer proves a lower damage. Otherwise, we reserve the right to prove and claim higher damages, especially in the case of custom-made products.
- Retention of title
7.1. In the case of contracts with consumers, we retain title to the goods until the purchase price has been paid in full. In the case of contracts with companies, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
7.2. In the case of loans, the ownership of the goods remains with us. Unless the borrower pays the full price of the goods.
7.3. During the period of retention of title, the customer is obliged to inform us immediately of any access to the goods by third parties – for example in the event of seizure – as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of his own change of residence during this period.
7.4. We are entitled to withdraw from the contract and demand the goods in the event of breach of contract by the customer, in particular in the event of default in payment or a breach of the aforementioned obligations, after setting a reasonable period of grace.
7.5. If the customer/loanee is in default with a payment in whole or in part, if he suspends his payments and if other justified doubts arise as to his solvency or creditworthiness, he shall no longer be entitled to dispose of the goods. In such a case, we may withdraw from the contract and/or revoke the customer’s right to collect from the consignee. We shall then be entitled to demand information about the consignees, to notify them of the transfer of the claims to us and to collect the customer’s claims against the consignees.
- Warranty for material defects and guarantee
8.1. The warranty is determined according to legal regulations. A guarantee exists for the goods supplied by the seller/loaner only if this has been expressly stated. Customers/loaners will be informed about the warranty conditions before the order process is initiated.
8.2. In the event of justified complaints by entrepreneurs, we are initially obligated and entitled to repair and/or replace the goods at our discretion. For the avoidance of doubt, in the event of justified complaints by consumers, the consumer shall have the choice as to whether subsequent performance is to be affected by rectification or replacement delivery. In all other respects, the statutory provisions shall apply.
8.3. In addition, liability for defects that do not or only insignificantly affect the value or usability is excluded.
8.4. If the customer does not give us the opportunity to convince ourselves of the defect, in particular does not provide us with the rejected goods or samples thereof upon request, he cannot invoke the defect of the goods.
9.1. For a liability of the seller for damages without prejudice to the other statutory eligibility requirements, the following disclaimers and limitations apply.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller shall be liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract or for the breach of duties whose fulfilment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
- Storage of the contract text
10.1. The customer can print the contract text to the seller before placing the order by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information about shipping costs and delivery and payment conditions. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the Internet.
- Final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the seller/lender if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. Contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12.1. We reserve the property rights and copyrights to cost estimates, drafts, drawings and other documents; they may only be made accessible to third parties in agreement with us. Drawings and other documents belonging to quotations shall be returned upon request. The customer gives his consent that we refer to our company in a suitable manner on our products. Consent may only be refused if the customer can prove an overriding interest in this.
- Declaration of consent
13.1. Consent to Member Communications. Only if you agree, we can send you links to video tutorials and further information. I consent to stappone using my email address for communication purposes with me.
14.1. Please refer to our homepage for information on data protection