I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (STYA GmbH) via the website malmvik.de. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in exercise of their trade, business, or profession.
§ 2 Formation of the contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the product description.
(3) The contract is formed via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or a similarly worded button) and entering your personal details as well as the payment and shipping terms, the order data is finally displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, on the website of the instant payment system provider, or after you have been redirected back to our online shop, the order data is displayed to you as an order summary.
Before submitting the order, you have the opportunity to check the details in the order summary again, change them (also via the "back" function of your web browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or a similarly worded button), you legally bindingly declare your acceptance of the offer, thereby forming the contract.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are partly automated and take place by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Custom-designed goods
(1) You must provide us with the suitable information, texts, or files required for the custom design of the goods via the online ordering system or by e-mail, at the latest without delay after the contract is concluded. Any specifications we provide regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable law. You expressly indemnify us against any third-party claims asserted in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for factual accuracy and accept no liability for errors in this respect.
§ 4 Special agreements regarding the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under an appropriately labelled button on our website and during the online ordering process. For payment processing, "PayPal" may use further payment services; where special payment terms apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are shown to you under an appropriately labelled button on our website and during the online ordering process. For payment processing, Stripe may use further payment services; where special payment terms apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business, the following shall additionally apply:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been paid in full. Before title to the goods subject to retention of title passes, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us in advance all claims in the amount of the invoice total arising from the resale, and we accept this assignment. You remain authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights regarding defects apply.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) Insofar as you are a business, the following applies in deviation from the above warranty provisions:
a) Only our own statements and the manufacturer's product description shall be deemed agreed as the condition of the goods, but not other advertising, public statements and pronouncements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the case of repair, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This shortened period does not apply:
- to damages attributable to us caused by culpable injury to life, body or health, and to other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their customary use and have caused the building's defectiveness;
- for statutory rights of recourse that you have against us in connection with warranty rights.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. This does not affect the right to also bring an action before a court of any other statutory jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
STYA GmbH
Fürstenbergstraße 13
72768 Reutlingen
Germany
Phone: 071213178333
Email: info@malmvik.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German .
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive your order, the order data, the information legally required for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests made outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via an appropriately labelled button on our website or in the respective offer, are shown separately during the order process, and are to be borne additionally by you unless free shipping has been promised.
5.3. Costs incurred for money transfers (bank transfer or currency exchange fees charged by credit institutions) shall be borne by you in cases where delivery is made to an EU member state but payment was initiated from outside the European Union.
5.4. The payment methods available to you are shown via an appropriately labelled button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any applicable delivery restrictions can be found via an appropriately labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you yourself have commissioned a carrier not named by us or another person otherwise designated to carry out the shipment.
If you are a business, delivery and shipment are at your risk.
7. Statutory Warranty Rights
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These Terms and Conditions and customer information were created by lawyers specialising in IT law at Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning notices. For more information, please visit: https://www.haendlerbund.de/