Terms of Service stAPPtronics GmbH

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope
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. You can contact our customer service for any questions, complaints and complaints on weekdays from 9:00 am to 5:00 pm on +43 1 890 84 81 and via e-mail support@stappone.com.
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller 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.

3. Subscription Ordering and contracting
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Within the basket, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can use the [Continue to checkout] button within the shopping cart to complete the ordering process.
3.2. With the button [Submit order], the customer submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, or hand over the shipment has confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.
3.5. By ordering the product, the buyer enters into a subscription according to the specifications in the webshop. This consists of an immediately due fixed amount and a monthly fee, which is debited over 12 months. As stated in point 8, the subscription expires automatically after the selected period of time, but can be proactively extended by the buyer for another 12 months before expiration. The buyer can extend his/her subscription by filling out his details on a separate page in the webshop.

4. Prices and shipping costs
4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, product availability
5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made are reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for the consideration already provided.
5.4. 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.


6. Payment arrangements
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are charged with payment processing, e.g. Paypal apply their terms and conditions.
6.4. If the payment is made over a fixed amount and / or monthly payments, the buyer enters into a perpetual debt. This is limited to a certain time and ends automatically after the specified deadline. For more see point 8. Termination.
6.5. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.6. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.7. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
Until full payment, the delivered goods remain the property of the seller.

8. Termination
Unless prohibited by law and without prejudice to the other rights or remedies of stAPPtronics, stAPPtronics has the right to: (i) terminate your subscription immediately if you breach any of the terms of this Agreement and (ii) (i) derogate from the paragraph Services, at our sole discretion at any time.
You must have an active subscription to continue using the subscription services. This Agreement and your subscription may be renewed for additional subscription periods in accordance with the subscription purchased. If you do not have an active subscription, this Agreement and all licenses granted under this Agreement will terminate.
If you have received a free subscription, stAPPtronics reserves the right to change, temporarily or permanently terminate this free subscription and your access to the Services at any time with or without notice. Unless changed or discontinued by stAPPtronics at its sole discretion, your free subscription will remain in effect until terminated or upgraded to a paid subscription. Termination of the free subscription must be in writing (by e-mail or post).
All subscription fees will not be refunded, even if you no longer use the subscription services. Subscription will commence once you’ve connected the sensor soles to your app, or thirty (30) days after the sensor soles have shipped, whichever comes first. Your subscription ends automatically after the 12-month commitment period.
Termination during the term of the subscription is not possible.

9. Warranty and guarantee
9.1. The warranty is determined by legal regulations.
9.2. There is a guarantee on the goods delivered by the seller only if expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.

10. Liability
10.1. For a liability of the seller for damages without prejudice to the other statutory eligibility requirements, the following disclaimers and limitations apply.
10.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
10.3. 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 fulfillment 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.
10.4. 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.
10.5. 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.

11. Storage of the contract text
11.1. 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.
11.2. 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.

12. Final provisions
12.1. Place of jurisdiction and place of fulfillment is the place of business of the seller, if the customer is a merchant, legal entity of the public right or public special estate.
12.2. Contract language is German.
12.3. European Commission Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

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