General Terms and Conditions with Customer Information

Table of contents

  1. Scope
  2. Contract
  3. Withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Ownership
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to certain specifications of the customer
  10. Redemption of promotional vouchers
  11. Applicable law
  12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "T&Cs") of Stephen, trading as "Stephen" (hereinafter referred to as "we/us"), apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter referred to as "you") enter into with us in relation to the goods presented by us in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity.

1.3 For the purposes of these GTC, you are an entrepreneur as a natural or legal person or as a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to make a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button concluding the ordering process. You can also submit the offer to us by e-mail or via the online contact form.

2.3 We can accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby you will be decisive in this respect, or
  • by delivering the ordered goods to you, in which case the receipt of the goods by you is decisive, or
  • by asking you to pay after placing your order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after the submission of your offer and ends at the end of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this will be considered a rejection of the offer with the consequence that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if you do not have a PayPal account, under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay by means of a payment method offered by PayPal that can be selected in the online ordering process, we already declare our acceptance of your offer at the time you click on the button that completes the order process.

2.5 If you submit an offer via our online order form, the text of the contract will be stored by us after the conclusion of the contract and sent to you in text form (e.g. e-mail, fax or letter) after your order has been sent. We do not make the text of the contract available beyond this.

2.6 Before placing a binding order via our online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the magnification function of your browser, which helps to enlarge the display on the screen. You can correct your entries as part of the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.7 Different languages are available to you for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually take place by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also apply in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If you select a payment method offered via the "PayPal" payment service, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal for which we make advance payments to you (e.g. purchase on account or payment in instalments), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative exam result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only pay to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the case of assignment of receivables, we remain responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and revocation or credit notes.

4.5 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account that has been activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the payment service "Stripe", payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Stripe will be communicated to you in our online shop. Stripe may use other payment services to process payments, which may be subject to special payment terms, which may be notified separately to you. More information about Stripe can be found on the Internet at https://stripe.com/de.

4.7 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method in the event of a negative credit check.

5) Delivery and shipping conditions

5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address you have provided to PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the regulation made in our cancellation policy applies to the return costs.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to you or a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold, even if you are acting as a consumer, shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and we have commissioned you to carry out this person or institution have not previously named.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that we are not responsible for the non-delivery and we have concluded a specific hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If we make advance payments, we reserve ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If you act as an entrepreneur,

  • we have the choice of the type of supplementary performance;
  • in the case of new goods, the limitation period for defect rights is one year from the date of delivery of the goods;
  • the rights of defects are excluded in the case of used goods;
  • the limitation period does not begin again if a replacement delivery is made within the framework of the liability for defects.

7.2 If you act as a consumer, the following clause applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this has been expressly and separately contractually agreed between us and you have been specifically informed of the shortening of the limitation period before submitting your contractual declaration.

7.3 The limitations of liability and shortening of deadlines regulated above do not apply

  • for your claims for damages and reimbursement of expenses,
  • in the event that we have fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any obligation on our part to provide updates for digital products, if any, in contracts for the supply of goods containing digital elements.

7.4 In addition, the statutory limitation periods for any existing statutory recourse claim shall remain unaffected for entrepreneurs.

7.5 If you act as a merchant within the meaning of § 1 of the German Commercial Code (HGB), you are subject to the commercial obligation to inspect and complain in accordance with § 377 of the German Commercial Code (HGB). If you fail to comply with the notification obligations set out there, the goods are considered approved.

7.6 If you are acting as a consumer, you are asked to complain to the delivery person about delivered goods with obvious transport damage and to inform us of this. If you do not comply with this, this has no effect on your statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to you from all contractual, quasi-contractual and statutory, including tortious claims for damages and expenses as follows:

8.1 We are fully liable for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise provided for in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless we have unlimited liability in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the compliance with which you may regularly rely.

8.3 In all other respects, we shall not be liable.

8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to certain specifications of the customer

9.1 If, according to the content of the contract, we owe you not only the delivery of the goods but also the processing of the goods according to certain specifications, you must provide us with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by us, and grant us the necessary rights of use. You are solely responsible for obtaining and acquiring the rights to this content. You represent and take responsibility for the right to use the content provided to us. In particular, you ensure that this does not violate the rights of third parties, in particular copyright, trademark and personal rights.

9.2 You indemnify us against claims by third parties that they may assert in connection with a violation of their rights by us using the content provided to us in accordance with the contract. You also assume the necessary costs of legal defense, including all court and lawyer costs at the statutory rate. This does not apply if you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us with all information necessary for the examination of the claims and a defense without undue delay, truthfully and completely.

9.3 We reserve the right to reject processing orders if the content you provide for this purpose violates legal or official prohibitions or common decency. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers that we issue free of charge as part of promotions with a certain period of validity and which you cannot purchase (hereinafter referred to as "Promotional Vouchers") can only be redeemed in our online shop and only during the specified period.

10.2 Promotional vouchers can only be redeemed by you as a consumer.

10.3 Individual products may be excluded from the Voucher Campaign if a corresponding restriction results from the content of your Promotional Voucher.

10.4 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed by you per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. We will not refund any remaining credit.

10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to pay the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

10.10 The promotional voucher is transferable. We can make payments with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.

11) Applicable law

11.1 All legal relationships between you and us shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. If you are acting as a consumer, this choice of law applies only to the extent that the protection afforded to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

12) Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.