Standard terms and conditions

for sale to end customers/consumers in accordance with Section 13 BGB [German Civil Code] as well as for sale to business customers/entrepreneurs in accordance with Section 14 BGB [German Civil Code]

Contents:

Section 1    Parties to the contract

Section 2    Scope of application

Section 3    Conclusion of contract

Section 4    Right to cancel

Section 5    Prices and shipping costs

Section 6    Delivery

Section 7    Payment

Section 8    Retention of title

Section 9    Resolution of disputes

 Section 10   Jurisdiction Agreement

 

Section 1    Parties to the contract

The sales contract is concluded with Ferdinand Stükerjürgen GmbH & Co. KG, Grüner Weg 4, 33397 Rietberg-Varensell, Germany, represented by the managing and personally liable partner M. Stükerjürgen Verwaltungsgesellschaft mbH, registry court of the GmbH: Gütersloh District Court, registry number of the GmbH: HRB 5618, this represented by its managing directors Frank Stükerjürgen, Ferdinand Stükerjürgen and Frank Scharpenberg.

 

Section 2    Scope of application 

(1) For the sale and delivery of the seller's goods on this website, prevail exclusively the following general terms and conditions, unless another agreement has been made in writing or confirmed by the seller. These conditions apply to all business transactions of the seller, both with end customers / consumers and business customers / entrepreneurs. General terms and conditions contradicting the conditions listed here are not recognized, their validity is expressly contradicted. Silence on the part of the seller regarding the sending of the general terms and conditions of the buyer does not constitute consent to the inclusion of the general terms and conditions of the buyer. As long as they have been effectively agreed, these terms and conditions will also become part of all future contracts in the case of ongoing business relationships, without the need for an explicit reference in individual cases, even if these terms and conditions should be wholly or partially inapplicable to individual transactions because different agreements have been made for these transactions. These terms and conditions also apply to business and sales abroad.

(2) A consumer is any natural person who conducts a legal transaction for a purpose that can predominantly neither be attributed to its commercial nor its independent professional activity.

(3) Contractor is a natural or legal person or a legal partnership, who concludes a Legal transaction in exercise of their commercial or self-employed professional activity.

(4) If there are regulations on "customers" in these general terms and conditions, they are both understood as private as well business customers.

 

Section 3    Conclusion of contract

(1) By clicking the button [purchase / order with cost] a binding order is placed for the goods listed on the order page. The sales contract enters into force when the vendor accepts your order by confirming this in an email immediately after receiving it.

(2) The presentation of the products in the online shop constitutes only an invitation to order, not a legally binding offer.

Section 4    Right to cancel

(1) Consumers within the meaning of Section 13 BGB are entitled to a right to cancel in accordance with the statutory provisions.

(2) If the right to cancel pursuant to Section 4.1 is exercised, the consumer shall bear the regular costs of the return shipment.

(3) In all other respects, the right to cancel shall be governed by the provisions detailed in the following

 

Cancellation Policy pursuant to Appendix 1 of Article 246a(1), Paragraph 2, Sentence 2 EGBGB [Introductory Act to the German Civil Code]

1. Right to cancel

You have the right to cancel this contract without stating reasons within fourteen days.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier have or has taken possession of the last goods, partial shipment or the last part.

In order to exercise your right to cancel, you must inform us, Ferdinand Stükerjürgen GmbH & Co. KG, Grüner Weg 4, 33397 Rietberg-Varensell, Germany, phone: +49 (0)5244/ 404 – 0, fax: +49 (0)5244 / 404 – 244, email: stukeshop@stuekerjuer- gen.de, by means of a clear declaration (e.g., a letter sent by post, a fax or an email) of your decision to cancel this contract. You may also complete and submit the template cancellation form or any other unequivocal declaration electronically on our website under www.stukeshop@stuekerjuergen.com. In this case, we will immediately (e.g., by email) send you confirmation that your cancellation has been received.

In order to meet the cancellation deadline, it is sufficient that your notification that you are exercising your right to cancel is sent before the end of the cancellation period.

2. Consequences of cancellation

If you cancel this contract, we shall immediately, and at the latest within fourteen days of the day on which we receive notification of your cancellation of this contract, reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a delivery method other than the least expensive standard delivery offered by us). In reimbursing you, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fee for this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided evidence of having returned the goods, whichever is earlier.

You must return or hand over the goods to us without delay and in any event at the latest within fourteen days starting from the day on which you inform us of the cancellation of this contract.

The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period.

You will bear the immediate costs for returning the goods.

You will only be liable for any loss of value of the goods if this loss of value is attributable to handling of the goods which is not necessary for checking their quality, properties and functioning.

- End of the Cancellation Policy -

 

Section 5    Prices and shipping costs

(1) The prices stated on the product pages include the legal German VAT and other price components for orders from customers in Germany as well as for orders from Private customers from a state of the European Union.

(2) For orders from business customers from a country of European Union, a valid VAT identification number associated with the customer (VAT ID number, or VAT ID) is required. In this case, the listed prices are understood as such without sales tax or VAT (net prices).

(3) For orders from customers from a country outside of the European Union, the prices listed are understood as such without sales tax or VAT (net prices).

(4) The shipping costs are shown on the product pages, in the shopping cart system, and clearly stated on the order page.

 

Section 6    Delivery

Delivery time is up to three days. Any delivery times deviating from this are indicated on the relevant product page in each case.

 

Section 7    Payment

(1) The respective payment options can be found on the individual product pages.

(2) If prepayment is selected as the payment method, the bank details will be stated in the order confirmation and delivery will take place after receipt of payment.

 

Section 8    Retention of title

The goods shall remain the property of Ferdinand Stükerjürgen GmbH & Co. KG until they have been paid for in full.

 

Section 9    Resolution of disputes

The European Commission has created an internet platform for resolving disputes online. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts.

 

Further information is available here: http://ec.europa.eu/consumers/odr. We are neither prepared nor obliged to participate in dispute-resolution proceedings before a consumer conciliation body to resolve disputes with consumers.

The consumer conciliation body responsible would be the General Conciliation Body: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de. We will not participate in dispute-resolution proceedings before this body in order to resolve the aforementioned disputes.

 

Section 10 Jurisdiction Agreement

(1) The place of jurisdiction is Rietberg, insofar the business customer is an executive, a legal person under public law or under public Special fund, as well for law suits in alternating or check process. This also applies to contracts with foreign Contractual partners. For the contractual relationship, exclusively the German law applies. The applicability of international Laws, e.g. UN sales law, are excluded.

(2) Paragraph 1 does not apply to end customers / consumers from Germany and from a state of the European Union.

 

Rietberg, January 2021

Ferdinand Stükerjürgen GmbH & Co. KG

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