General Terms and Conditions of Business for the online shop of the firm of Stones Men´s Fashion GmbH, Friedrich der Große 60, 44628 Herne (hereinafter referred to as "Vendor") and its customers.
§ 1 General points
1. The following General Terms and Conditions of Business apply to all business relations between Vendor and its customers.
2. Customers in the sense of these terms and conditions of business shall be entrepreneurs in the sense of § 14 German Civil Code.
3. Deviating, contradicting or supplementary General Terms and Conditions of Business of the customer shall not become an integral part of the contract.
§ 2 Conclusion of contract
1. Vendor's offers under "www.stones-b2b.eu“ do not portray binding offers of a contract. They merely portray a request for the customer to make an offer for the article in question.
2. By clicking the "Send order" button, the customer makes a binding order of the goods contained in the shopping trolley. Vendor shall confirm the receipt of the customer's order without delay. The confirmation of receipt does not yet portray a binding acceptance of the order. The purchase agreement does not originate as early as the order confirmation, but only with dispatch of a delivery confirmation or supply of the goods. Acceptance of a telephone order does not portray a binding acceptance by Vendor to the extent that nothing to the contrary has been agreed.
3. Vendor shall be entitled to accept the offer of a contract in the order within two weeks. For goods ordered by electronic means, Vendor shall be entitled to accept the order within five working days of its receipt. Supply of the goods by Vendor within this period shall be equated to an acceptance. Vendor shall be entitled to reject acceptance of the order – for example after an examination of the customer's creditworthiness.
4. The contract shall be concluded under the reservation of not or only partly performing in the event of incorrect or improper supply to us.
This shall only apply for the event of Vendor not being answerable for the non-delivery and Vendor having concluded a specific hedging transaction with the supplier. In the event of non-availability or only partial availability of the goods, the customer shall be informed without delay. A matching payment shall be reimbursed without delay.
5. Minors shall not be entitled to order goods.
§ 3 Retention of titles
1. Vendor reserves ownership to the goods until complete settlement of all claims from an ongoing business relationship.
2. If the customer breaches the contract, in particular in arears of payment, or if circumstances giving rise to the expectation that the customer can no longer comply with its payment obligations exist, Vendor shall be entitled to withdraw from the contract and to demand return of the goods.
3. The customer shall be entitled to resell the goods in the ordinary course of business. It here and now assigns all claims accruing to its from the resale to a third party up to the amount of the invoice amount to Vendor. Vendor accepts the assignment. After assignment, the entrepreneur shall be entitled to collect the claim. Vendor reserves the right to collect the claim itself as soon as the customer fails to comply with its payment obligations properly and falls into arrears in payment.
4. Vendor undertakes to release the collateral accruing to it upon request by the customer to the extent that the realizable value of Vendor's collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released shall be a matter for V.
§ 4 Prices
Prices stated shall be binding. The price on the day at the time of the order shall apply. Statutory turnover tax has not been contained in the prices.
§ 5 Payment
1. Vendor shall supply against an invoice or cash on delivery. Vendor shall be free to handle the commission by cash on delivery, partial payment in advance or complete payment in advance. Customer shall in any case be informed about this in advance.
2. The invoices shall be due for payment without deduction within 14 days following receipt of the invoice.
3. If the customer falls into arrears in payment, Vendor shall be entitled to charge default interest to the amount of 8 percentage points above the base rate of interest at the time in question. The possibility of claiming default damage exceeding this shall remain unaffected.
4. The customer can only offset with counterclaims which are legally effective, undisputed or have been acknowledged by Vendor. The customer can only claim a right of retention on the basis of counterclaims which are based on the same contractual relationship.
§ 6 Supply
1. Delivery dates and delivery periods shall only be binding if the Vendor has confirmed them.
2. Vendor shall be entitled to make part deliveries to the extent that part delivery can be reasonably expected of the customer, taking Vendor's interests into due account.
3. The risk of chance destruction and chance deterioration of the goods shall pass to the customer upon hand-over or, in the case of sale by dispatch, upon delivery of the goods to the forwarder, the hauler or any other person intended to make the dispatch. The fact that the customer is in arrears with acceptance shall be equated to hand-over.
§ 7 Warranty
1. Vendor shall warrant for defects in the goods by subsequent fulfilment or replacement delivery at its choice to start with.
2. If subsequent fulfilment fails, the customer can, at its choice, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). No right of withdrawal shall accrue to the customer in the event of slight defects.
3. The customer shall examine the supplied goods for deviations in quality and quantity without delay and notify Vendor of recognizable defects in writing within a period of one week from receipt of the goods; if not, making warranty claims because recognizable defects shall be ruled out. Hidden defects shall be notified to Vendor in writing within a period of one week after discovery. The customer shall bear the entire onus of proof for all preconditions for a claim, in particular for the defect itself, for the time of the establishment of the defect and for the punctuality of the notification of defects.
4. Only the manufacturer's product description shall be deemed properties of the goods as a matter of principle. Public statements, offers or advertising declarations by the manufacturer shall not portray contractual properties of the goods.
§ 8 Limitations of liability
1. Vendor's liability for damage has been ruled out, apart from the cases of malice aforethought, gross negligence or injuries to life, limb, or health.
2. Vendor shall only be liable for its own contents on the website of its online shop. To the extent that access to other websites is made possible by links, Vendor shall not be responsible for the outside contents contained there. It does not make the outside contents its own. As far as Vendor has knowledge of illicit contents on external websites, it shall block the access to these sites without delay.
§ 9 Data protection
Customer data shall be stored and processed by Vendor, complying with the provisions of data protection law. Personal data shall exclusively be inquired for the handling of the order, unless the customer requests additional services. The customer can obtain deletion of its data at any time. Further, it shall at any time have the right to demand information about the status of its stored data. The customer's personal data shall naturally be treated confidentially, in particular not forwarded for purposes of advertising or market and opinion research.
§ 10 Final provisions
1. The law of the Federal Republic of Germany shall prevail. The provisions of UN purchase law shall not be applicable.
2. If the customer is a merchant, a public-law entity or a public-law fund, Herne shall be the place of jurisdiction for all disputes from the present contract to the extent that no other exclusive place of jurisdiction exists. The same shall apply if the customer does not have a general place of jurisdiction in Germany or its place of residence or customary abode is not known at the time of initiation of proceedings.