Terms and Conditions

General Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Stefan Wilhelm Münch, sole proprietor.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. By clicking the order button, you place a binding offer for the products contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after the order is sent.

We accept your offer within two days by

• sending a declaration of acceptance in a separate e-mail or
• the payment transaction being carried out by our service provider or the selected payment service provider, if applicable. The time of the payment transaction depends on the selected payment method (see under "Payment").

The alternative relevant to you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Subject of the contract

4.1 Product description

The validity of the respective product description as an essential part of the contract is noted.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to point out the following special features. If you have any uncertainties, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

For wood products, natural variations in grain, structure, and color of the wood are possible.

5. Requirements and handling of customer content

5.1 Requirements

If it is necessary for the fulfillment of the order that you transmit content to us (e.g., texts, data, files), the existing technical possibilities and any applicable requirements are based on the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out a content-editorial review before executing the order.

5.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademark rights or other protective rights) and must not contain or serve purposes of glorifying violence, discrimination, racism, xenophobia or other immoral or unconstitutional content.

5.3 Indemnification

You indemnify us from claims of third parties that they may assert in connection with an infringement of their rights by our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnification does not apply if you are not responsible for the infringement. You are obliged to provide us with all information necessary for the examination of the claims and a defense immediately, truthfully and completely in the event of a claim by third parties.

5.4 Right of withdrawal

We reserve the right to reject the order or to withdraw from the contract if the content you provide for it violates legal or official prohibitions or good morals, or if there is a justified suspicion of such a violation. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or violence-glorifying content.

6. Delivery conditions

6.1 Delivery options

We ship the products to the delivery address specified in the ordering process.

You generally have the option of picking up at Stefans Kiosk Alfter, Pelzstrasse 30, 53347 Alfter, Germany during the following business hours: Mon. 7:00 PM-11:00 PM, Tue.-Fri. 11:00 AM-2:00 PM & 7:00 PM-11:00 PM, Sat. 11:00 AM-2:00 PM & 7:00 PM-11:00 PM, Sun. & public holidays 11:00 AM-11:00 PM

6.2 Delivery by freight forwarder

Appointment scheduling

For freight forwarder deliveries, the freight forwarder commissioned by us will contact you to arrange a delivery date.

Delivery location

The delivery of the goods is limited to the transport and unloading of the goods at the first public curb of the agreed delivery address. The delivery does not include delivery to specific rooms or the assembly and/or installation of the ordered goods, unless otherwise expressly agreed.

7. Payment

7.1 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

For consumers: In the event of payment default, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and every subsequent reminder. You reserve the right to prove that less damage has occurred. Further claims remain unaffected.

For entrepreneurs: In the event of payment default, we reserve the right to charge you statutory default interest of nine percentage points above the base rate and a flat fee of 40 euros. Further claims remain unaffected.

7.2 Payment methods

The following payment methods are generally available in our shop.

Prepayment
If you choose prepayment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash payment upon pickup
You pay the invoice amount in cash upon pickup.

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by Amazon Pay within one business day after placing the order.

Amazon Pay can offer other payment modalities in the customer account to registered Amazon Pay customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Amazon Pay. You can find more information on this in your Amazon Pay account.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found in the ordering process.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found during the ordering process.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further information can be found in the ordering process.

PayPal can offer other payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. You can find more information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise regulated below, payment via PayPal does not require registration with PayPal. Further information can be found with the respective payment option and in the ordering process.

PayPal, PayPal Express
To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

PayPal can offer other payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. You can find more information on this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called pre-notification). The account will be debited before the goods are shipped.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Purchase on account via PayPal and Ratepay
Purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").

Paysafecard
To pay the invoice amount via your Paysafecard balance from Paysafe Prepaid Services Limited, 70 Sir John Rogerson’s Quay, Dublin 2, D02 R296, Ireland, you must purchase a prepaid card and enter the 16-digit PIN. If necessary to reach the payment amount, several cards can also be used. If the card budget is not used up, the remaining amount remains in the prepaid balance and can be used for future orders. The payment transaction is carried out immediately after placing the order. Further information can be found in the ordering process.

Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

Skrill
To pay the invoice amount via the Skrill service of the payment service provider Paysafe Payment Solutions Limited, George’s Quay, Dublin 2, D02 VR98, Ireland ("Skrill"), you must be registered with Skrill, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Skrill immediately after placing the order. Further information can be found in the ordering process.

8. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

9. Retention of title

The product remains our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale - irrespective of any connection or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the open claims by more than 10%.

10. Transport damage

For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent immediately if possible and please contact us without delay. Failure to complain or make contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance company.

For entrepreneurs: The risk of accidental loss and accidental deterioration transfers to you as soon as we have delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment.

11. Data backup

You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from data loss if you could have avoided the data loss by regular and complete data backup.

The above limitation does not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is open.

12. Warranty and Guarantees

12.1 Law on liability for defects

Unless expressly agreed otherwise, the statutory law on liability for defects applies.

The following limitations and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is open.

Restrictions for entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions that have been included in the contract apply as an agreement on the quality of the goods; we do not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods takes place with the exclusion of any warranty.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note to merchants

Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

Notes to consumers

We would like to inform you that when selling used goods to consumers, we may shorten the limitation period for defect warranty rights to one year from the delivery of the goods, provided that we specifically inform you about this and it is expressly and separately agreed upon.

12.2 Guarantees and customer service

Information on any additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

13. Liability

We are always liable without limitation for claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage at the time of conclusion of the contract, which must typically be expected to occur.
Otherwise, claims for damages are excluded.

14. Dispute resolution

We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

15. Youth protection

If your order includes products whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure that includes a personal identity and age verification. The delivery person, if delivery is made, will only hand over the goods after age verification and only to the customer personally. Delivery to packing stations is not possible in this case.

16. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.