Terms of service
General terms and conditions
General terms and conditions of the Present Stories, management: < / span> Antonia Terhedebrugge, Robert Zeise & amp; Silvia Terhedebrügge, Bürknerstr. 32, 12047 Berlin, Neukölln District Court (hereinafter referred to as "Present Stories")
represented by the managing directors
Antonia Terhedebrügge, Robert Zeise & amp; Silvia Terhedebrügge,
Bürknerstr. 32, 12047 Berlin,
District Court Neukölln,
All deliveries by Present Stories (hereinafter referred to as the seller) are made exclusively on the basis of these general terms and conditions of sale and delivery. Deviating agreements by the customer do not apply unless they are confirmed by us in writing. There are no side agreements.
2. Contract language, contract text storage
The language available for the conclusion of the contract is German. We save the contract text and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible over the Internet.
3. Contractual partner, conclusion of contract, subject matter of the contract
The purchase contract is concluded with the Present Stories.
A consumer is any natural person who is a Concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
These terms and conditions also apply to future business relationships with entrepreneurs, without our having to refer to them again. Used the entrepreneur conflicting or supplementary general terms and conditions are hereby rejected; they only become part of the contract if we have expressly consented to this.
The presentation of our products in our online shop does not constitute a legally binding offer to conclude a purchase contract - it is a non-binding invitation to you to order goods. By ordering the desired goods via the Internet, e-mail or telephone, the customer submits a binding offer to conclude a purchase and delivery contract.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by accepting and confirming the offer, specifically by clicking the order button and receiving the order confirmation. The customer must therefore ensure that the e-mail address he has stored with the provider is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The provider can accept the order by sending an order confirmation by email or by delivering the goods within three days.
The subject of the contract is Manufacture and dispatch of foam blocks.
The details, in particular the essential characteristics of the goods can be found in the item description and the additional information on the website of the provider.
4. Prices, delivery times & amp; Payment
Our prices are in euros and include the currently applicable VAT plus shipping. The shipping costs are calculated in addition to the stated product prices. The amount of the shipping costs depends on the respective service provider and can vary. In any case, the shipping costs are bindingly shown before the order process is completed.
The specified delivery time generally begins after receipt of payment or after order approval. The delivery time for all orders with a delivery destination within Germany is 6-8 weeks. A delivery time of 8-10 weeks applies to deliveries to Austria and Switzerland. When making special requests, the delivery time can, depending on the effort, deviate from the period mentioned and be extended by up to 2 weeks. During the Christmas and Easter periods, the delivery time can also be extended by up to 2 weeks. We also deliver to other European countries, for which there are additional costs depending on size, weight and delivery location. The delivery takes place exclusively by dispatch. Collection of the goods yourself and deliveries to packing stations are not possible.
Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. Basically you can choose between the following payment methods:
If you choose the prepayment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment .
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
When you submit your order, you also provide us with your credit card details.
After your legitimation as the legal cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN / TAN that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards by Sofort and your account is debited.
5. Retention of title
The object of purchase remains the property of the seller until full payment has been made.
The general statutory warranty rights apply to the goods offered by the provider. In relation to entrepreneurs, the warranty obligation for items delivered by the provider is 12 months.
7. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
8. Data protection
9. Registration, customer account and e-mail newsletter
10. Liability for defects
The statutory warranty rights apply to our range of goods. You bear the risk of a delayed standard delivery of 1 to 2 working days. In the event that the delivery of the goods cannot take place due to your incorrect information, we reserve the right to withhold the purchase price already collected and are not obliged to redeliver the shipment. We are not responsible for defects resulting from improper handling of the goods (i.e. any treatment of the goods that does not comply with the respective care instructions). If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies in deviation from Paragraph 1 Clause 1:
Only our own information is agreed as the quality of the goods.
You are obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within one (1) day of receipt of the goods in writing (e.g. email), which is sufficient to meet the deadline the timely dispatch. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded. In the event of defects, we provide a guarantee of repair or replacement at our option. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances.
According to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
11. Warranties and guarantees
The statutory warranty law applies. Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop. As far as the customer is an entrepreneur, the following applies, deviating from Paragraph 1:
a) Only the supplier's own information and the manufacturer's product description apply as agreed as the quality of the goods, not however, other advertising, public praise and statements by the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and for obvious defects within 7 days of receipt of the goods notify the provider in writing that timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
c) In the event of defects, the provider pays at his own discretion Guarantee through repair or replacement. If the elimination of the defect fails twice, the customer can either demand a reduction in price or withdraw from the contract. In the case of repairs, the provider does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided the shipment does not correspond to the intended use of the goods. Furthermore, the provider must be given a reasonable deadline in the event of a subsequent delivery.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or malice on the part of the provider, as well as recourse claims according to §§ 478, 479 BGB.
12. Changes to the order data
Any changes to your customer data, such as the delivery address, billing address, e-mail address, etc., as well as changes to existing orders must be communicated to us at least 2 days before they take effect will. Otherwise the change cannot be taken into account upon delivery.
13. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
To participate in a dispute settlement procedure before a Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
VERBRAUCHER HABEN EIN WIDERRUFSRECHT. DIE BELEHRUNG ÜBER IHRE RECHTE FINDEN SIE HIER:…
Wir weisen darauf hin, dass sämtliche Kommunikation mit Ihnen, insbesondere die Zustellung von Rechnungen, in elektronischer Form erfolgen kann und diese unsicher sein kann. Sie stimmen der elektronischen Kommunikation gleichwohl zu.
Es gilt deutsches Recht. Die Anwendung des UN-Übereinkommens über Verträge über den internationalen Warenkauf vom 11.04.1988 ist ausgeschlossen. Daneben sind zwingende Regelungen des Rechts des Staates, in dem Sie Ihren gewöhnlichen Aufenthalt haben, dann anwendbar, wenn Sie als Kunde einen Kaufvertrag abschließen, der nicht Ihrer beruflichen oder gewerblichen Tätigkeit zugerechnet werden kann (Verbrauchervertrag).
Sollten einzelne Bestimmungen dieser Allgemeinen Geschäftsbedingungen den gesetzlichen Regelungen widersprechen und unwirksam sein, so bleibt die Wirksamkeit der Vereinbarung im Übrigen unberührt.
Sofern Sie Kaufmann im Sinne von § 14 BGB sind, ist unser Sitz der ausschließliche Gerichtsstand.