Stünings Medien GmbH · Diessemer Bruch 167 · 47805 Krefeld · Germany
1. General Provisions, Scope
For the business relationship between Stünings Medien GmbH (hereinafter referred to as Stünings Medien) and the customer, the present General Terms and Conditions apply exclusively in the version in force at the time of the order in each case. Alternative conditions of the customer are only recognised by Stünings Medien with express written consultation and agreement in advance. Our General Terms and Conditions are considered to have been accepted not later than the time of acceptance of the goods. If the goods are not available for delivery, Stünings Medien is entitled to withdraw from the contract. The customer will then be informed of this immediately.
Upon conclusion of the contract, the contractual partner of the customer is Stünings Media GmbH, Diessemer Bruch 167, 47805 Krefeld, Germany, Krefeld District Court HRB 796
Your order represents an offer without obligation on your part to Stünings Medien to conclude a purchase contract, the acceptance of which is expressly reserved by us. Upon receipt of your online order you will receive an order confirmation, in which all the details of your order will be confirmed again. This confirmation is only for your information that your order has been received by us and does not constitute acceptance of your offer. The actual purchase contract only comes into effect when we send the ordered product to you. The order is submitted via the order form available on the Internet. For the fulfilment of individual contractual obligations (especially with respect to sales), we reserve the right to avail ourselves of the services of other reliable companies.
The customer has the option of cancelling the contract within 14 days of receipt of the goods. The cancellation does not have to include any reasons whatsoever and must be made in writing (e.g. letter, fax, email). The return of the goods without comment by the customer is also considered to be cancellation of the contract. The above deadline is deemed to have been complied with if the goods are dispatched on time. The deadline begins after receipt of these instructions in text form - however not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), nor before the fulfilment of our obligations under Article 246 §2 in conjunction with §1 paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB). The cancellation period shall be deemed to have been complied with if the cancellation or purchased items are despatched within the specified deadline.
The cancellation must be sent to the following address:
Stünings Medien GmbH
Diessemer Bruch 167
Fax +49 2151 5100-105
Consequences of cancellation
In the case of effective cancellation, the services received by both parties are to be returned, as well as any benefits received (e.g. interest) . Insofar as you are not able to return the received service in part or in whole to us or can only return it in an impaired condition, you will be required to provide us with compensation for lost value in this respect. For the deterioration in the condition of the item, you are only required to pay compensation to the extent that the deterioration is due to handling the item in a manner which goes beyond a check of its properties and functionality. A "check of the properties and functionality" is understood to mean the testing and trying out of the respective goods such as this would be possible and standard practice in a shop.
Items which can be sent as parcels are to be returned at our expense and risk. Articles which cannot be dispatched as a parcel will be collected from your premises. Obligations to reimburse payments must be fulfilled within a period of 30 days. The period begins for you upon the dispatch of your declaration of cancellation or the returned items - and for us upon their receipt.
4. Delivery, Delivery times
The goods ordered are delivered from the warehouse of Stünings Medien or companies commissioned by Stünings Medien to the delivery address stated by the customer. The delivery method and delivery route shall be at the sole discretion of Stünings Medien. Information about delivery times is always approximate and non-binding. Stünings Medien endeavours to deliver the goods within the stated delivery time. We accept no liability for delays. Partial deliveries are possible and are considered to be a separate, independent transaction. Delivery is carried out at the expense and risk of the recipient.
The prices and shipping costs stated in the online order apply. Our sales prices are quoted from our company headquarters, plus the applicable statutory VAT. Shipping costs will be invoiced separately. Costs of transport insurance requested by the purchaser are to be paid by the purchaser.
6. Terms of Payment
The invoice is due for payment upon receipt without deduction. If other terms of payment have been agreed, these are to be documented in writing. In certain cases, Stünings Medien reserves the right to deliver items only after advance payment.
7. Retention of title
The goods shall remain the property of Stünings Medien until full payment of all outstanding invoices.
8. Purchase on account
Purchase and payment on account is only possible for customers aged 18 or over. Stünings Medien reserves the right in individual cases to check the data and information provided by the purchaser and may refuse to provide delivery on account.
9. Setting-off, Retention
The purchaser shall only have a right of set-off or retention if his or her counter-claims have been legally established or recognised by Stünings Medien. Furthermore, the purchaser is only entitled to exercise a right of retention if his or her counter-claim is based on the same contractual relationship.
10. Liability for defects
If the delivered goods are defective, the purchaser may demand a replacement delivery. If the attempt to provide a replacement delivery is unsuccessful, the purchaser can withdraw from the contract. In the case of a replacement delivery, the purchaser is obliged to return the defective goods to Stünings Medien within 30 days; otherwise Stünings Medien is entitled to submit an invoice for the newly delivered goods. All other claims of the purchaser are excluded. Stünings Medien shall not be liable in particular for lost profits or other financial losses of the purchaser, in particular for damage that has not occurred to the delivered items themselves.
The above limitation of liability does not apply if the damage results from intent or gross negligence. Insofar as the liability of Stünings Medien is excluded, this also applies to the personal liability of its employees, vicarious agents and representatives. The limitation period shall be 24 months from the date of delivery.
11. Data Protection
All information about the type, extent, location of the collection, processing and use of the personal data required for the execution of orders by Stünings Medien is subject to data protection.
12. Place of jurisdiction and applicable law
The place of jurisdiction is Krefeld, insofar as this is permissible. German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
13. Severability clause
Insofar as individual provisions of these conditions are or become invalid or null and void in part in whole, this shall not affect the remaining conditions. The contractual partners undertake to agree a provision by means of which the sense and purpose of the invalid or null and void provision is largely achieved in economic terms.
Date: June 2012