(1) For the business relationship between us, stabaArte GmbH, Kleinfischbach 6a, 51674 Wiehl, Germany (office address: Auf den Eichen 2, 51674 Wiehl), legally represented by the managing director Jörn Liebelt (further data see imprint, hereinafter referred to as "we" or "Supplier") and you as the client, customer or buyer (hereinafter referred to as "you" or "customer"), the following general terms and conditions (hereinafter referred to as "GTC") apply exclusively. These General Terms and Conditions apply to all offers, sales contracts, deliveries and services based on orders from our customers, including those made via our online shop at stabaarte.de (hereinafter referred to as "online shop").
(2) The General Terms and Conditions apply in particular to contracts for the sale and/or delivery of movable items (“goods”), regardless of whether we manufacture the goods ourselves or buy them from suppliers (§§ 433, 650 BGB).
(3) These General Terms and Conditions only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law and special funds under public law within the meaning of Section 310 (1) sentence 1 of the German Civil Code. Consumers are excluded from using the services offered via our online shop.
(4) For purposes of these GTC, is
(a) a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed to either their commercial or their independent professional activity (§ 13 BGB);
(b) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or self-employed professional activity (§ 14 Para. 1 BGB).
(5) Unless otherwise agreed, these General Terms and Conditions in the version valid at the time the customer places the order or in the version most recently communicated to him in text form also apply as a framework agreement for future contracts of the same type, without us having to refer to them again in each individual case .
(6) The customer's terms and conditions do not apply, even if we do not object to their validity separately. Deviating or contradicting conditions are only valid if they have been accepted by us in writing. This requirement for consent applies in any case, for example even if we carry out the delivery to the customer without reservation in knowledge of the general terms and conditions of the customer or if we refer to a letter that contains the general terms and conditions of the customer or a third party or refers to such.
(7) Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these terms and conditions. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
(8) Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, ie in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.
(9) References to the validity of legal regulations are only of clarifying importance. Even without such a clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these AVB.
Our online shop is aimed exclusively at entrepreneurs. Therefore, before the contract is concluded, we can demand that the customer provide us with sufficient proof of his entrepreneurial status, e.g. by stating his VAT ID number. or by other suitable evidence. The data required for proof must be provided completely and truthfully by the customer.
(1) The customer can only order goods in our online shop as a registered user. In this way, the customer can simply log in to his customer account before or as part of an order with your e-mail address and the password freely chosen by the customer during registration. With the registration alone there is no obligation to buy the goods we offer. For information on the processing of their data, we ask the customer to read our data protection information.
(2) When registering, the customer chooses a personal user name and password. The customer is obliged to keep the password secret and not to communicate it to third parties, ie persons outside his company or persons in his company who do not have the right to represent.
(3) The customer account is deleted at the customer's request. The request should be sent to our office address, stabaArte GmbH, Auf den Eichen 2, 51674 Wiehl, or by email to
info@stabaarte.de
to judge.
(4) If the customer's personal details change, the customer is responsible for updating them. All changes can be made online after logging in under "My Account".
(1) The presentation and advertising of goods in our online shop does not in itself constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (so-called invitatio ad offerendum).
(2) The customer can submit his offer (application) via the online order form provided in our online shop. The contract is concluded in the following steps:
(a) The customer can select the goods offered in our online shop and place them in the electronic shopping cart and collect them using the "Add to shopping cart" button.
(b) Before submitting his order, the customer can change and view the goods placed in the electronic shopping cart and the data entered by the customer in the online order form at any time. The customer can correct his entries using the usual mouse and keyboard functions as well as the "back" function of his internet browser before completing the ordering process by clicking on the "buy now" button. The customer can recognize any input errors by carefully reading the information displayed via his Internet browser and by carefully checking the data he has entered. If necessary, the customer can also use the enlargement function ("magnifying glass function") of his Internet browser for this purpose. The customer can also end the ordering process at any time by closing the window of his internet browser.
(c) By clicking on the "buy now" button in the online order form, the customer sends his order for the goods placed in the electronic shopping cart and thus submits a binding request to purchase the goods in the shopping cart. However, the application can only be submitted and sent to us if the customer has accepted these GTC by clicking on the relevant checkbox in the order form and thereby included them in his application.
(d) We will immediately confirm receipt of the customer's order by e-mail. This is an automatic confirmation of receipt. The order, in particular the goods ordered by the customer and the data provided by the customer, are listed again in this e-mail. The customer can print this out using the "Print" function. This automatic acknowledgment of receipt merely documents that we have received the customer's application; it does not constitute acceptance of the application, unless we expressly declare acceptance in addition to confirming receipt.
(e) The customer is bound by his application for a period of two (2) weeks after submitting his application.
(f) The contract is only concluded when we have declared our acceptance of the customer's application. This declaration is usually made in a separate email (order confirmation). However, we can also declare acceptance by delivering the ordered goods.
(3) The text of the contract (consisting of his order, these General Terms and Conditions and our order confirmation) sent by us on a durable medium (e-mail or hard copy) (confirmation of contract).
(4) The text of the contract is stored in compliance with data protection. The customer can call up details about the order at any time in his customer account. Apart from the above delivery, the text of the contract is not accessible to the customer.
(5) The contract is concluded in German.
(6) If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, and if we have not yet declared our acceptance of the customer's application by this point in time, we will refrain from a declaration of acceptance . In this case, a contract does not come about. We will inform the customer of this immediately and reimburse any consideration already received without delay. In the case of an already declared acceptance, § 5 paragraph 6 applies.
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer in his order.
(2) If the goods ordered by the customer are delivered by a forwarding agent, the delivery is "free to the curb". This means that the goods are delivered to the public curb that is closest to the delivery address specified by the customer. Deviations can result from the shipping information given on our website or a different agreement with the customer.
(3) All deadlines specified by us in the order or otherwise agreed for the dispatch of the goods begin
(a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including sales tax and shipping costs), or
(b) if payment by cash on delivery or on account is agreed, on the day the purchase contract is concluded.
The date on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.
(4) Deadlines specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two (2) working days. This does not apply if a fixed shipping date has been agreed. If no period or date for shipping is specified or otherwise agreed, shipping within five (5) working days is deemed to have been agreed.
(5) We are entitled to sell the goods at any time (even if they are marked as "in stock" on the online order form) if the delivery is made against prepayment and the payment is not made within a period of five (5) working days after our acceptance of the offer is received by us. In this case, the shipment will only take place within the agreed period or period specified by us while stocks last; otherwise a period of three (3) weeks applies.
(6) In the event that our supplier does not deliver goods to us in good time that are stated as "not in stock" on the online order form or that have been sold off in accordance with Section 5 Paragraph 5, the relevant shipping period is extended until delivery by our suppliers plus a period of three (3) working days, but in total no more than a period of three (3) weeks, provided in each case
(a) we are not responsible for the delay in delivery by our supplier and
(b) we have ordered the goods before the conclusion of the purchase contract (or in the case of § 5 paragraph 5 the time of sale) in good time so that under normal circumstances a timely delivery could be expected.
If the goods cannot be delivered through no fault of our own or cannot be delivered on time despite timely follow-up orders, we are entitled to withdraw from the purchase contract. We will immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, refund the payments made to us without delay.
(7) We are not liable for impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts , lack of workers, energy or raw materials, difficulties in obtaining necessary official permits, pandemics or epidemics, official measures) for which we are not responsible. If such events make the delivery or service significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances of a temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or service as a result of the delay, the customer can withdraw from the contract by means of an immediate written declaration to us.
(8) If the customer has bought several products that can be used separately in one order, we can also send them in several separate deliveries, whereby we bear the additional shipping costs caused by this. This does not restrict the customer's legal rights with regard to timely and proper delivery.
(9) The customer can find further details on the delivery on the respective product page for the goods he has selected and on our website for the shipping and delivery conditions.
(1) Unless expressly agreed otherwise with the customer, we determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time specified by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding. If we have taken on installation or assembly work, we owe the timely completion of this work and handover to the customer at the contractually agreed place and date.
(3) If we only owe the shipment, the risk passes to the customer upon delivery of the goods to the transport company. However, if we have taken on installation and assembly work at the customer's site, the risk is always transferred upon completion and handover to the customer.
(4) If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the customer is in default of acceptance.
(5) Further details on shipping and shipping methods can be found on the respective product page for the goods you have selected and on our website for shipping and delivery conditions.
(1) The delivered goods remain our property until full payment (including sales tax and shipping costs).
(2) The customer is not entitled to dispose of ownership of the goods delivered by us and still subject to retention of title (“reserved goods”) without our prior written consent. Disposal of the customer's legal position with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of our right of ownership.
(3) The customer will treat the reserved goods with care.
(1) All prices in our online shop are in euros ex works plus statutory VAT, plus shipping and delivery costs and, in the case of export deliveries, plus customs and fees and other public charges.
(2) The shipping costs are specified in our price information in our online shop. The price, VAT and shipping costs are also displayed in the online order form before the customer sends the order.
(3) If we fulfill the customer's order in accordance with § 5 paragraph 8 by partial deliveries, the customer only incurs shipping costs for the first partial delivery. If the partial deliveries are made at the request of the customer, we will charge the customer shipping costs for each partial delivery.
(4) The customer can also find further details on the shipping costs on the respective product page for the goods he has selected as well as on our website for the shipping and delivery conditions.
(5) We provide the customer with a purchase on account as a payment option.
(1) Unless otherwise regulated below, the statutory provisions apply to material defects, in particular Sections 434 et seq. of the German Civil Code.
(2) In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB) remain unaffected. Claims from supplier recourse are excluded if the defective goods have been further processed by the customer or another entrepreneur, e.g. by installing them in an object or with another product.
(3) Our liability for defects is primarily based on the agreement made on the quality of the goods. All product descriptions that are the subject of the individual contract and in particular the order confirmation or that have been made public by us on the website of our online shop are deemed to be an agreement on the quality of the goods.
(4) If the quality has not been agreed, it is to be assessed according to the statutory regulation whether there is a defect or not (§ 434 BGB). However, we assume no liability for public statements by partners, customers and suppliers or other third parties (e.g. praise and advertising statements) that the customer has not pointed out to us as decisive for his purchase.
(5) We are generally not liable for defects that the customer is aware of at the time the contract is concluded or is unaware of due to gross negligence (Section 442 of the German Civil Code).
(6) Furthermore, the customer's claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). The delivered goods are to be carefully examined immediately after delivery to the customer or to a third party designated by him. With regard to obvious defects or other defects that would have been recognizable in an immediate, careful inspection, they are deemed to have been approved by the customer if we do not receive a written notification of defects within five (5) working days of delivery. With regard to other defects, the delivery items are deemed to have been approved by the customer if we do not receive the notice of defects within five (5) working days after the point in time at which the defect became apparent; if the defect was already evident at an earlier point in time during normal use, this earlier point in time is decisive for the beginning of the complaint period. At our request, a delivery item that has been the subject of a complaint must be returned to us carriage paid. If the notice of defects is justified, we will reimburse the costs of the cheapest shipping route; this does not apply if the costs increase because the delivery item is located at a location other than the place of intended use. If the customer fails to carry out the proper inspection and/or notification of defects, our liability for the defect that is not reported or not reported in a timely manner or not properly is excluded in accordance with the statutory provisions.
(7) In the event of material defects in the delivered items, we are initially obliged and entitled to choose between subsequent improvement or replacement delivery within a reasonable period of time. In the event of failure, ie impossibility, unreasonableness, refusal or unreasonable delay in rectification or replacement delivery, the customer can withdraw from the contract or reduce the purchase price appropriately. If a defect is due to our fault, the customer can demand damages under the conditions specified in § 10.
(8) We are entitled to make the supplementary performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.
(9) If goods are delivered to you that show obvious transport damage, we ask the customer to inform us of this and to complain about the transport damage to the delivery agent.
(10) The warranty does not apply if the customer changes the delivery item or has it changed by a third party without our consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the customer must bear the additional costs of remedying the defect arising from the change.
(11) A delivery of used items that has been agreed with us in individual cases takes place with the exclusion of any warranty for material defects.
(12) In addition to claims for defects in quality or title, there may be guarantees given by us for certain goods or manufacturer guarantees granted by manufacturers of certain goods. Such an additional guarantee only exists for the goods delivered by us if this was expressly given in the order confirmation for the respective goods. Details on the scope of such guarantees result from the guarantee conditions that may be attached to the respective goods.
(13) Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 650, 648 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.
(14) § 10 remains unaffected by the above regulations.
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (so-called "cardinal obligations") as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Cardinal obligations are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you as a customer can regularly rely.
(2) In the event of a breach of cardinal obligations, we shall only be liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have made an agreement with the customer about the nature of the item.
(5) The provisions of the Product Liability Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons when processing personal data (General Data Protection Regulation (“GDPR”)) remain unaffected .
(1) Contrary to Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance.
(2) However, if the goods are an item that has been used for a building in accordance with its normal use and has caused its defectiveness (building material), the limitation period is 5 years from delivery in accordance with the statutory regulation (§ 438 Paragraph 1 No. 2 BGB). Other special statutory regulations on the statute of limitations remain unaffected (in particular § 438 Paragraph 1 No. 1, Paragraph 3, §§ 444, 479 BGB).
(3) The above limitation periods of sales law also apply to contractual and non-contractual claims for damages by the customer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would result in a shorter limitation period in individual cases to lead. In the case of claims for damages by the customer within the framework of fault-based liability in the event of intent and gross negligence, in cases of injury to life, limb or health as well as under the Product Liability Act, however, only become statute-barred according to the statutory limitation periods.
Insofar as the subject of the contract concluded with the customer is not only the delivery of the goods but also their assembly at the customer's ("assembly services"), the following supplementary provisions apply:
(1) Customer's duties to cooperate
(a) For the provision of the assembly services, the customer must provide us with any information that may be necessary in advance of the service being provided completely and truthfully. This does not apply if we are obliged to obtain the information.
(b) The customer must take the necessary measures and safety precautions to protect people and property at the place of performance. The customer must inform us in advance about any relevant local and/or company-internal safety regulations of the customer.
(2) Appointments and access to the place of performance
(a) After the conclusion of the contract, we will contact the customer to arrange an appointment for the provision of the assembly services.
(b) On this date, the customer will grant us and/or the personnel commissioned by us access to the location where the assembly services are to be provided.
(3) Subcontractors
We are entitled to choose to carry out assembly services ourselves or have them selected and qualified personnel, although we may also commission third parties to carry out the services. The customer has no right to have assembly services performed by a specific person, unless otherwise agreed.
(4) Passing of Risk
The risk of accidental loss or accidental deterioration passes to the customer upon completion of the assembly work and the handover of the sold goods to the customer.
Information on the processing of personal data can be found in our data protection declaration.
The customer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the counterclaims of the customer, in particular in accordance with Section 9 Paragraph 8 Clause 2 of these General Terms and Conditions, remain unaffected
Changes or additions to these GTC must be in writing.
The law of the Federal Republic of Germany applies to the exclusion of the UN sales law (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG)).
Unless otherwise stated in the order confirmation, the place of departure of the goods is the place of performance for the delivery.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is our registered office in Wiehl. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
Should individual provisions of these terms and conditions be ineffective, this shall not affect the validity of the other provisions. The ineffective provision will be mutually replaced by the contracting parties with a legally effective provision which comes as close as possible to the economic meaning and purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.
Status: January 2022
