General Terms and Conditions for STEFAN WIESSMEYER – sub zero
Phone: +49 / (0)89 / 85 66 22 10
Fax: +49 / (0)89 / 85 66 22 11
Value Added Tax Number: DE 158 954 585
- § 1 General Information, Scope
- § 2 Conclusion of Contract
- § 3 Statement of the Restitution Proceedings and Consequences for Consumers
- § 4 Terms of Payment and Prices
- § 5 Delivery, Delivery Period and Shipping Costs
- § 6 Shipping Damages
- § 7 Reservation of Title
- § 8 Warranty
- § 9 Limitation of Liability
- § 10 Disclaimer
- § 11 Data Privacy Statement
- § 12 Choice of Jurisdiction
- § 13 Gift Certificates
- § 14 Severability Clause
§ 1 General Information, Scope
The following General Terms and Conditions apply for all contracts between Stefan Wiessmeyer and the orderer (in the following named "buyer"), who uses the Internet services and offers of Stefan Wiessmeyer. The General Terms and Conditions applicable are those effective at the conclusion of a contract. Other terms and conditions are not recognized by Stefan Wiessmeyer. Changes or amendments to this contract must be in writing to be legally applicable.
§ 2 Conclusion of Contract
The offers of Stefan Wiessmeyer in the Internet constitute a non-binding offer to the buyer. All offers are subject to change. When placing an order for desired goods through the Internet the buyer is making a binding offer to effect a conclusion of a contract. After placing his order the buyer receives a confirmation of his order from Stefan Wiessmeyer per e-mail. Stefan Wiessmeyer reserves the right to refrain from delivering the goods should the offered goods not be available and will immediately inform the buyer of this.
The contract is concluded when the ordered goods are shipped to the buyer and the shipping of the goods is confirmed by a further e-mail. Invoicing is done when the goods are shipped.
§ 3 Statement of the Restitution Proceedings and Consequences for Consumers
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us
(Stefan Wiessmeyer - sub zero, Elisenstr. 3, D-82152 Krailling, Tel.: +49/89/85662210, Fax: +49/89/85662211, Email: firstname.lastname@example.org)
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods back, before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Stefan Wiessmeyer - sub zero
D-82152 Krailling, Germany
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§ 4 Terms of Payment and Prices
The prices on the Internet site of Stefan Wiessmeyer include the statutory value added tax for Germany. The prices do not include the delivery and shipping costs. For buyers from countries outside the European Union the prices without the value added tax are applicable, however customs and excise taxes collected by the country of destination must be added.
The payment of the goods can be made in by advance bank transfer, cash on delivery, credit card (MasterCard, VISA, American Express) or PayPal. Payment through cash on delivery is only possible within Germany. Stefan Wiessmeyer reserves the right in individual cases to accept or refuse particular methods of payment. In the case of an advance bank transfer the buyer will receive in written form (e-mail, letter or fax) the bank details from Stefan Wiessmeyer. After payment has been received the goods will be shipped.
If the goods are to be sent per cash on delivery, payment will be made to the courier of the responsible shipping company when the goods are delivered. The amount of the invoice includes the charges for the delivery of the goods per cash on delivery. The Deutsche Post (DHL) charges an additional 2 Euros delivery fee upon delivery.
§ 5 Delivery, Delivery Period and Shipping Costs
The shipment will be sent to the address stipulated by the buyer. Delivery takes place on average within 1 week.
For custom made goods Stefan Wiessmeyer will inform the buyer individually about the delivery period. As a matter of course Stefan Wiessmeyer ships all orders placed during the pre-Christmas season such that they arrive before Christmas.
When it is agreed that shipping will take place after receiving an advance bank transfer, the shipping of the goods will take place immediately upon receipt of payment, unless something else has been agreed to in written form. The buyer is aware that when choosing the payment option advance bank transfer, he must take the processing time of the bank into consideration. Should timely shipping not be possible, Stefan Wiessmeyer will immediately inform the buyer. The stated shipping periods are non-binding as Stefan Wiessmeyer has no influence on the delivery time of the shipping companies.
The fee for shipping goods within Germany is 5.90 EUR and is paid by the buyer. For countries outside Germany but within the European Union, and for Switzerland and Lichtenstein we charge a shipping and handling fee of 9.50 EUR for a shipment via an insured letter. In this case further charges due to customs and excise taxes are possible. For shipments to foreign countries outside the European Union the buyer will be informed about the extra shipping costs. Should the buyer want to have a special kind of shipping for which higher costs are incurred (e.g. express), he will be charged the additional shipping fees.
Stefan Wiessmeyer has the right to partial delivery. The costs for the partial delivery are carried by Stefan Wiessmeyer.
§ 6 Shipping Damages
Should the goods arrive with discernable damages on the packaging or its contents, the buyer must complain to the shipping company immediately and contact Stefan Wiessmeyer without delay, so that he may assert his rights against the shipping company.
§ 7 Reservation of Title
The object of purchase remains the property of Stefan Wiessmeyer until it has been paid for in full.
§ 8 Warranty
1. Stefan Wiessmeyer guarantees that the goods are free of defects upon delivery. Stefan Wiessmeyer offers jewelry of his own craftsmanship. Should there be a material defect within 6 months after the delivery of the goods, it is assumed that the defect was present at the time of delivery, unless this assumption is incongruous with the kind of goods or the type of defect. Should the material defect occur after the first six months after delivery, the buyer must prove that the material defect was already present upon the delivery of the goods.
2. The pictures of the goods can appear slightly different from the delivered goods, especially in color and texture. Claims based on defects are not valid in as far as the modifications can reasonably be imposed on the buyer. The pictures on the Internet can vary from the actual colors of the original due to the kind and quality of the technical devices the buyer uses and are therefore not grounds for a warranty claim.
3. Should the goods be defect upon delivery, the buyer has the choice between subsequent fulfillment or replacement. Stefan Wiessmeyer has the right to refuse the kind of chosen subsequent fulfillment, when the costs to be incurred are unreasonably disproportionate and another kind of subsequent fulfillment is without significant disadvantages to the buyer.
4. Should the subsequent fulfillment fall through, the buyer can categorically choose between lowering the price or cancelling the contract as well as seeking damages. The buyer is not entitled to a cancellation of contract due to insignificant damages.
5. Should Stefan Wiessmeyer in executing a subsequent fulfillment ship goods free of defects, Stefan Wiessmeyer can demand the return of the defect goods.
6. The warranty period is two years and begins with the delivery of the goods to the buyer. Jewelry can show normal traces of use in the form of scratches, discoloration or abrasion marks which are not defects nor subject to warranty. Further, damages resulting from natural wear and tear, improper use and inadequate or incorrect care or storage are also exempt from warranty. Damages that are incurred due to improper handling or storage which are contrary to contract do not constitute justification for a claim against Stefan Wiessmeyer.
§ 9 Limitation of Liability
1. For damages, other than those causing injury to life, body and health, Stefan Wiessmeyer is only liable in as far as these damages are caused deliberately or due to gross negligence or are due to the culpable breech of the main contractual obligation by Stefan Wiessmeyer or the persons assisting in the performance of the contractual obligations. Essential to the contract is an obligation, whose fulfillment is only enabled by the duly execution of the contract and whose compliance hereto the buyer can generally rely on. Liability for damages exceeding the above mentioned are excluded. Claims made from an actual Stefan Wiessmeyer warranty for the quality and the workmanship of the goods remains unaffected.
2. Due to the current technological status quo data communication over the Internet cannot be guaranteed to be error-free or available at all times. We, therefore, are not liable for the continual availability of our online shop.
§ 10 Disclaimer
The external links found on the Internet site of Stefan Wiessmeyer are links to other Internet sites. Before including them on his site Stefan Wiessmeyer checked the content of these pages for blatant incorrectness and mistakes, he, however, does not have any influence on changes in content.
The respective operators (authors) are solely responsible and liable for the content of these externally linked Internet sites. In the event that information is received about possible legal violations, the corresponding links will be removed immediately.
§ 11 Data Privacy Statement
Your personal data (name, address, contact details, payment and order details) are transferred during your order process via a secure connection (SSL encryption). All data are saved and processed according to the current legal requirements. We use your personal data solely for the fulfillment of your order and for contacting you. Your customer data is only passed on, reduced to the required minimum and in as far as it is necessary, to our service partners such as credit card institutions and shipping companies for the fulfillment of payment and shipping of your order. In placing your order you are giving your consent to these procedures.
You have the unlimited right to free information, correction and deletion of the data we have stored about your person. You can access your personal data at any time in the service area of our online shop (by entering your e-mail address and password) to up-date or delete them.
If you have subscribed to our newsletter, you can also up-date your personal data here or unsubscribe to the newsletter at any time. Please contact us via e-mail, fax, letter or telephone, if you would like to have your personal data changed and cannot do this yourself in the system.
To ensure the full functionality of the online shop system cookies (small files in which order information is saved) are used. In the event that your browser does not accept cookies, we would like to ask you to change the configuration of you browser. After completing your order you can deactivate the corresponding option in the configuration of your browser to the original setting and delete the cookie used.
§ 12 Choice of Jurisdiction
German law solely applies to the contractual relationship between the contact parties – without reference to provisions of international rules regarding conflict of law - and under exclusion of the UN Convention on Contracts for the International Sale of Goods. The UN Convention on Contracts for the International Sale of Goods (CISG) from 11.04.1980 does not apply. For buyers, who are traders in the sense of § 14 BGB (German Civil Code), Starnberg is the agreed place of jurisdiction.
§ 13 Gift Certificates
A cash payout of online gift certificates, even partially, is not possible.
§ 14 Severability Clause
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, in whole or in part, the validity of the remaining General Terms and Conditions remains unaffected. A valid or enforceable provision shall in such a case replace the invalid or unenforceable provision, whose effect best approximates the economic objective, which the contract parties had previously pursued with the invalid or unenforceable provision. The preceding provisions are valid should any part of these General Terms and Condition prove to be incomplete. § 139 BGB (German Civil Code) is not applicable.