General Terms and Conditions of Stroebel Creative Style
Kreativ-Verpackungen & Accessoires B. Stroebel
(Effective: December 2014)
Section 1 General
(1) For all deliveries and other performances,
the following General Terms and Conditions apply exclusively.
(2) The following General Terms and Conditions
have been originally written in German, were translated into English, and the
customer may download them to the internal memory and print them. Optionally,
they can be requested in digital or written form at www.stroebel-cs.de or via
e-mail at firstname.lastname@example.org.
(3) Should individual terms of this contract or
parts of it be or become legally void, the remaining terms will continue to be
valid. The contractual partners, within the reasonable scope and acting in good
faith, must substitute a legally void term with a valid term that produces the
same economic outcome as the legally void term, provided that this does not
induce a substantial change to the contents of this contract; the same applies
to issues that are not explicitly regulated and require regulation.
Section 2 Offers, Ordering Procedure, Scope of
Performance and Contract Formation
(1) Contractual offers by Ströbel Creative
Style Kreativ-Verpackungen & Accessoires B. Ströbel (in the following
"Seller") are non-binding. Therewith, the Seller is not obliged to
perform in the event of non-availability.
"buy , the
order is completed and a binding order was submitted.
(3) Customers may also submit orders via
telephone, in writing or in text format (e.g. by e-mail). By submitting an
order, the customer releases a binding offer on the conclusion of a contract.
(4) Upon receipt of the offer, the customer
receives an order confirmation from the Seller. This order confirmation
represents the binding acceptance of the offer. As a result, a sales contract
is concluded between the parties.
(5) The order confirmation of the Seller is exclusively
determinative of the scope of the contractually owed performance.
(6) Partial deliveries are admissible insofar
as it is not recognisable that the customer has no interest in partial
deliveries or it is not recognisable that that they are unreasonable.
(7) The documents on which the offer is based,
such as images, illustrations, specified dimensions and weight, are generally
considered approximate values insofar as they have not been explicitly termed
as binding. In particular, product-related modifications are possible at any
Section 3 Prices and Terms of Payment
(1) For orders submitted via the online shop,
the prices indicated in the online shop at the respective time the order was
submitted are valid. These prices depend on the respective suppliers and can
thus change by the day at any time. In other respects, the prices termed as
binding in the order confirmation are valid.
(2) All prices are shown as net prices, the
statutory value added tax must be added. The prices are valid ex works
excluding forwarding and shipping expenses.
(3) If the Seller incorporates modifications
requested by the customer, then the additional charges arising from these
modifications will be invoiced to the customer.
(4) Payment in the online shop is usually paid
in advance, except if explicitly agreed otherwise by the parties when the
contract was concluded. The customer will be informed if payment is to be made
in advanced and will be provided with the banking information in the order
confirmation. In this case, the order is not processed until after receipt of
payment. In case of delivery against invoice, all invoiced amounts are due at
the latest 30 days after receipt of the invoice and must be settled to the
account of the Seller indicating the customer and invoice number. If payment is
settled within 14 days, the customer is granted a 2% cash discount for early
(5) In case of culpable failure to meet the
payment deadline, and under reserve of the assertion of further claims, default
interests will be charged at the legal rate starting at the date of the
Section 4 Offsetting and Reservations
Offsetting and reservations are excluded except
if the offsetting claims are uncontested or have been established by law.
Section 5 Delivery Deadline
(1) Delivery deadlines are non-binding insofar
they have not been explicitly termed as binding by the parties at least in text
format. Meeting the delivery deadline always depends on timely delivery on part
of our suppliers. If the delivery availability depends on the delivery on part
of an upstream supplier, and this delivery fails for reasons for which the
Seller cannot be held responsible, then the Seller is entitled to withdrawing
from the contract. In this case, the customer is not entitled to compensation
(2) The same applies in the event that delivery
is substantially impeded or impossible due to force majeure or other events for
which the Seller cannot be held responsible. Such events include, in
particular: fire, flood, industrial action, interruption of operations, strikes
and regulatory actions, which cannot be considered operational risks of the
Seller. In the aforementioned cases, the customer will be informed about the
inability to deliver immediately and any performance that has already been made
will be reimbursed immediately.
(3) The method of delivery is subject to the
discretion of the Seller.
Section 6 Transfer of Risk
Risk is transferred to the customer as soon as
the Seller has put the goods at the disposal of the customer and has informed
the customer thereof.
Section 7 Reservation of Ownership
(1) The Seller reserves ownership of the
delivered goods until payment has been settled in full.
(2) The customer is not entitled to chattel
mortgage or pawning of the goods.
(3) If the goods are processed or reprocessed,
the reservation of ownership will extend to the new finished product. The
customer acquires co-ownership to the fraction that corresponds to the ratio of
value of his/her goods to the goods delivered by the Seller.
Section 8 Material Defect and Warranty
Negligible deviations in colour or of the respective dimensions are not
considered a material defect except if the parties have explicitly agreed
otherwise in text format at least.
Apparent deficiencies must be reported to the Seller by
the customer within 4 weeks from the date the goods were delivered in writing
or in text format. In the commercial area, the warranty rights presuppose that
the customer has duly complied with the duty to inspection and objection
pursuant to Sections 377 and 378 of the German Commercial Code.
(3) Defective goods must be sent to the Seller on request and at the
(4) The warranty period begins on the day of acceptance, in case of
partial acceptance, for the accepted partial performance.
(5) In case of complaints, warranty is limited to a substitute
delivery or subsequent improvement at our discretion. Independently from the
above, additional warranty provisions are valid for all goods insofar the goods
have been provided with such warranty provisions by the manufacturer.
(6) In case of failure of subsequent improvements or substitute
deliveries within an appropriate period of time, the customer may demand a reduction
of the purchasing price or to have the contract revoked. The time limit is of
at least four weeks. Subsequent improvements or substitute deliveries are
considered failed if the defect has not been successfully eliminated after
Section 9 Liability
Compensation claims from the customer are
excluded. This does not apply in case of deliberate action, gross negligence,
infringement of essential contractual duties of the Seller or the absence of
properties warranted in writing and liability for personal injury, as well as
pursuant to the (German) product liability law. A contributory negligence on
part of the customer must be taken into account.
Section 10 Data Protection
(1) During the initiation, conclusion,
execution and when carrying out a reverse transaction of a sales contract, the
Seller collects, stores and processes data within the context of the statutory
(2) When visiting our Internet website, the IP
address currently used by the customer's computer, date and time, browser type
and operating system of the customer's computer and the websites visited by the
customer are recorded. However, it is not possible for the Seller, nor is it
his intention, to draw any conclusions on personal data from this information.
(3) Personal data that the customer discloses
to the Seller when submitting an order or within the context of e-mail
communication (e.g. name and contact information), is only processed for the
purpose of correspondence with the customer and for the purpose for which the
customer has made the data available to the Seller. The Seller only forwards
this data to the haulage contractor entrusted with delivery and only to the
extent that is necessary to deliver the goods. For payment processing, the
payment information of the customer is forwarded to the financial institution
that has been contracted for payment.
(4) The Seller assures that the customer's
personal data is not otherwise forwarded to third parties, except if the Seller
is obliged to do so by law or the customer has given his/her explicit prior
(5) If services from third parties are used to
execute and implement manufacturing processes, the provisions of the (German)
Federal Data Protection Act will be observed.
(6) Personal data that was provided to the
Seller via the website will only be stored until the purpose for which the data
was entrusted to the Seller has been fulfilled. Where trade and tax law-related
periods of retention must be observed, certain data might be stored for a
period of up to 10 years.
(7) If the customer no longer consents to the
storage of personal data or if the personal data has become outdated, the
Seller will, upon the respective request from the customer and in compliance
with statutory provisions, have the personal data of the customer deleted,
corrected or locked. On request, the customer will obtain gratuitous
information on all personal data about him/her that the Seller has stored. For
any questions regarding the collection, processing or use of personal data, or to
request information, corrections or that the data be locked or deleted, please
contact: (Ströbel Creative Style, Michael-Kress-Weg 17, 91074 Herzogenaurach,
Germany, Tel: (+49)(0)9132/836-1011; email@example.com).
(8) If the Seller refers to third-party pages
(e.g. manufacturers) or provides a link to such websites, the Seller does not
accept warranty or liability neither for the accuracy and completeness of the
content nor for the data security on such third-party websites. Hence, the
Seller recommends an individual examination of the data protection provisions
offered on such websites.
Section 11 Applicable Law and
(1) German law applies exclusively, under
exclusion of the UN Convention of Contracts for the International Sale of
Goods. Referring the consumer, this choice of law and jurisdiction is only
valid insofar it is not limited by any obligatory statutory provisions by the
state in which he/she resides or has his/her habitual abode.
(2) If the customer is a trader or a legal
entity of public law, the place of performance and exclusive place of
jurisdiction for all conflicts arising from or related to the contractual
relationship is the competent jurisdiction for the domicile of the Seller
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