GENERAL TERMS AND CONDITIONS (GTC)
Your contractual partner:
Hype Gallery x STASP.
Owner Cem Cil
Rechener Straße 2a / Ecke Südring
Sales tax identification number according to § 27a Sales Tax Act Germany: DE813357944
Account holder: Cem Cil
Bank: Volksbank Bochum Witten eG
IBAN: DE46 4306 0129 0308 7711 00
1.1. Processing of contract and delivery are conducted subject to the following Terms and Conditions (GTC) only.
1.2. Any provisions of the other contracting party in conflict with or different to our terms and conditions are void.
1.3. If terms are specified as working days, this is deemed to include all days of the week excluding Saturdays, Sundays and public holidays.
2. Inspection of the contract and wording of the terms and conditions
2.1. We make a copy of the contract text, and send you the order data by e-mail. Your order(s) are displayed under your customer account, if you have created one. If you do not have a customer account with us, your contract data is not accessible on the web for security reasons after submission of your order.
2.2. You can always inspect, print and/or download and save the present GTC under www.stasp.de/de/agb/.
Saving and printing is performed by means of your internet browser.
3. Conclusion of contract / delivery reservation
3.1. The presenation of products in our webshop www.stasp.de does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the button "Order" at the end of the ordering process, you are submitting a binding order for the goods in the basket with us. The order is confirmed upon acceptance of the order immediately after receipt by way of an automated e-mail (order confirmation). We reserve title to the goods until full payment of the invoice amount.
3.2. Our online database is constantly updated to ensure the availability of products available in the shop. HypeGallery x STASP is therefore entitled to revoke the contract, if the company was not supplied with goods despite reasonably congruent purchasing, and the lack of availability is not at the company's responsibility, and HypeGallery x STASP did not bear any procurement risk. Therefore, we undertake to notify you of the possible unavailability immediately, and to refund you any advance payments without delay.
4. Payment / prices
4.1. The available payment methods will be shown when processing your order. Prepayment by sending cash or checks is not possible.
4.2. If there are any chargebacks or other payment reversals on your part, and this happens without authorization, you must bear any cost incurred.
4.3. All prices quoted in the HypeGallery x STASP online shop are in Euro and inclusive of VAT. Delivery and packaging costs may be added as per our price list. You can inspect this list on the "shipping and payment" page. You must bear any customs duties for deliveries to countries outside the EU.
5. Accepted payment methods
5.1 Advance payments For payments in advance, please transfer the overall amount for your order to our account (account information is displayed in the order confirmation). The goods will be shipped once payment has been received. The transfer must take place within 10 working days; otherwise, your order will be cancelled.
5.2 Paypal If you're paying by PayPal, the goods are usually shipped immediately upon receipt of the order. You need your own PayPal account to pay by Paypal. There is no charge to you for setting up an account and paying for your order.
Shipping fees are regularly updated by us to offer you the best conditions at all times. The fees are € 15 for EU countries (except Germany), and € 30 outside of the EU. Shipping within Germany is free of charge.
If a shipment is divided into several shipments for technical reasons, we will naturally only charge you for shipping fees once.
7. Shipping damage
7.1 The transport risk is borne by HypeGallery x STASP.
7.2 If the goods are damaged during transport, please contact us right away.
You can reach us by e-mail at: email@example.com
8. Warranty / defects
8.1. Statutory warranty rights apply for the goods.
8.2. Please notify Hype Gallery x STASP of any obvious defects in the goods without delay, and at the latest within 10 working days of receipt of the goods by way of the published contact methods.
8.3. Since customer satisfaction is our highest priority, we will of course consider your concern in the event of a defect notice as quickly as possible, and get back to you promptly.
If you have contacted us by e-mail, and have not received a response after more than 5 working days, please share your concern another time. Sometimes e-mails are incorrectly filtered out by the respective spam filter (by us or by you). Sometimes e-mails even fail to arrive due to other circumstances. In this case, however, your rights not as a consumer for product defects are not affected, and you will not incur any disadvantage.
9. Right of revocation
9.1 Within the EU, consumers are entitled to a right of revocation in accordance with the applicable rules, which is separately defined under "revocation notice".
If the contract is revoked on your part and you are returning the goods, please make sure that you send the shoes back with the same packing method you received it in.
Please ensure that the shoes are placed "box in box", ie the shoe box or shoe boxes should be packed in a separate carton. However, this recommended procedure is not a prerequisite for the effective exercise of your right of revocation.
Unworn and undamaged items may be returned within 14 days. All items must be returned in original condition and boxed in original packaging. In case you wish to make a return, please email us at firstname.lastname@example.org.
Please include your name and order number in this email and you will shortly receive return Instructions.
You have to pay for the return costs. We can only accept pre-paid shipments. Freight collect shipments cannot be accepted.
10. Retention of title
10.1. In the case of end consumers, we reserve title to the goods until full payment of the invoice amount.
10.2. If you are an entrepreneurs in your trade, business or profession, a legal entity under public law or public law special fund, we retain title to the goods until settlement of all outstanding claims from our business relationship with you.
The corresponding security rights are transferable to third parties. We undertake to release securities due to us upon request, insofar as the realisable value of the collateral of the customer exceeds the secured claim by more than 20%.
We reserve the choice of collateral.
11.1. HypeGallery x STASP accepts unlimited liability for damages resulting from injury to life, body or health, guarantees for the quality of the purchased item, fraudulent concealment of defects, and claims under the Product Liability Act Germany.
11.2. Notwithstanding section 11.1, our liability for negligent breach of duty shall be excluded, unless essential contractual obligations (the fulfilment of which enables the proper execution of contract and/or the breaching of which puts attainment of the contractual purpose at risk, and where the customer may normally expect fulfilment (so-called major obligation). This also applies to corresponding violations of duties by one of our agents.
11.3. Our liability for negligent injury for cardinal obligations is limited to damage foreseeable upon conclusion of contract.
12. Rights of use
12.1. The page(s) of the online shop www.stasp.de, as well as the sub-pages and logos contained therein, are protected by copyright. The images contained therein are are protected as photographs pursuant to § 2 para. 5 of the Copyright Act Germany; works that are produced similarly, but at least as photographs or products similar to photographs according to § 72 of the Copyright Act,
HypeGallery x STASP holds the exclusive rights of use.
12.2. Any publications, reproduction and/or distribution based on the protected intellectual property is only permissible with written approval of HypeGallery x STASP.
13. Final provisions
13.1. All legal business transactions or other legal relations with HypeGallery x STASP are subject to the laws of the Federal Republic of Germany. The UN Sales Convention (CISG) and any other intergovernmental conventions, even after their adoption by German law, shall not apply.
13.2. Contracts for a purpose that is not attributable to the trade or profession of the entitled party (consumer contracts) are only covered by this choice of jurisdiction in so far as the consumer is not deprived of the protection by the mandatory rules of the law of the State in which he has his habitual residence.
13.3. If the buyer is an entrepreneur, the sole place of jurisdiction for all disputes arising from the contractual relationship shall be Bochum.
13.4. The contract language is German.
13.5. The contractual partner is only entitled to offsetting if the relevant counterclaims have been legally established or are recognized or undisputed by us.
In addition, the contractor only holds a right of retention to the extent that the counterclaim is based on the same contractual relationship.
13.6. If the customer is in default with potential payment obligations due to us, all existing debts become due immediately.
14. Severability Clause
If any provision of the contract including these regulations is or becomes wholly or partially invalid or if the contract contains unforeseen loopholes, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing regulations are replaced by the relevant legal regulations.