Terms of service
Terms and Conditions and Customer Information
I. 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 terms and conditions of your own that you may use.
(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 trader is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) By publishing a given 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 concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can open the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similarly worded button) and entering your personal data 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 forwarded to the website of the instant payment system provider.
If you are forwarded to the respective instant payment system, you make the relevant selection or enter your data there. Finally, the order data is displayed to you as an order summary, either on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the option to review the details in the order summary again, change them (including via the "back" function of your internet browser), or cancel the order.
(4) Your requests for a quote are non-binding for you. In response, we will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is stated in the respective offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, in part automatically. 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 blocked by SPAM filters.
§ 3 Individually designed goods
(1) You must provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail, no later than immediately after the conclusion of the contract. Any specifications we have 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 existing laws. You expressly indemnify us against any claims by third parties 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 on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed 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 a correspondingly labelled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use further payment services; if 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 is processed 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 a correspondingly labelled button on our website as well as during the online ordering process. For payment processing, Stripe may use further payment services; if 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, reservation of title
(1) You may only exercise a right of retention insofar as it concerns 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 trader, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to the goods subject to retention of title, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us now all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, 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 liability for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty rights.
(3) Where a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before making the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are a trader, the following applies in deviation from the warranty provisions above:
a) Only our own statements and the manufacturer's product description are deemed to constitute the agreed condition of the goods, not any other advertising, public statements, or comments by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by repair or replacement. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of a defect is 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 additional costs arising from moving the goods to a location other than the place of performance, unless such relocation is in accordance with 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:
- damage attributable to us and culpably caused resulting from injury to life, body, or health, and to other damage caused intentionally or through gross negligence;
- cases where we have fraudulently concealed the defect or have given a guarantee for the condition of the item;
- items that have been used for a building in accordance with their customary use and have caused the building's defectiveness;
- statutory rights of recourse that you have against us in connection with defect rights.
§ 7 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by the mandatory provisions of the law of the state of 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 place of residence or habitual abode is unknown at the time legal proceedings are initiated. The right to also bring proceedings before a court of any other statutory jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
STYA GmbH
Fürstenbergstraße 13
72768 Reutlingen
Germany
Phone: 071213178333
E-mail: info@malmvik.de
We are not willing and are not obliged to take part 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 governed by the provisions on "Formation of the contract" in our Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German .
3.2. The full text of the contract is not stored by us. 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 your order has reached us, the order data, the information required by law for distance contracts, and the Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, 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 stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. Any shipping costs incurred are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the order process, and must be borne additionally by you, unless free shipping has been promised.
5.3. Any costs incurred in transferring money (bank transfer or exchange rate fees charged by the credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was arranged from outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless stated otherwise for individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
6. Delivery terms
6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a correspondingly 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 and accidental deterioration of the goods sold during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader, or another person otherwise designated to carry out the shipment.
If you are a trader, delivery and shipment are at your risk.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were created by lawyers of the Händlerbund specialised in IT law and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal soundness of the texts and is liable in the event of warning letters (cease-and-desist notices). Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
I. 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 terms and conditions of your own that you may use.
(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 trader is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) By publishing a given 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 concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can open the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similarly worded button) and entering your personal data 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 forwarded to the website of the instant payment system provider.
If you are forwarded to the respective instant payment system, you make the relevant selection or enter your data there. Finally, the order data is displayed to you as an order summary, either on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the option to review the details in the order summary again, change them (including via the "back" function of your internet 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 similarly worded button), you legally declare acceptance of the offer, which brings the contract into effect.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, in part automatically. 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 blocked by SPAM filters.
§ 3 Individually designed goods
(1) You must provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail, no later than immediately after the conclusion of the contract. Any specifications we have 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 existing laws. You expressly indemnify us against any claims by third parties 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 on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed 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 a correspondingly labelled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use further payment services; if 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 is processed 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 a correspondingly labelled button on our website as well as during the online ordering process. For payment processing, Stripe may use further payment services; if 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, reservation of title
(1) You may only exercise a right of retention insofar as it concerns 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 trader, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to the goods subject to retention of title, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us now all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, 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 liability for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty rights.
(3) Where a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before making the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are a trader, the following applies in deviation from the warranty provisions above:
a) Only our own statements and the manufacturer's product description are deemed to constitute the agreed condition of the goods, not any other advertising, public statements, or comments by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by repair or replacement. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of a defect is 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 additional costs arising from moving the goods to a location other than the place of performance, unless such relocation is in accordance with 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:
- damage attributable to us and culpably caused resulting from injury to life, body, or health, and to other damage caused intentionally or through gross negligence;
- cases where we have fraudulently concealed the defect or have given a guarantee for the condition of the item;
- items that have been used for a building in accordance with their customary use and have caused the building's defectiveness;
- statutory rights of recourse that you have against us in connection with defect rights.
§ 7 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by the mandatory provisions of the law of the state of 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 place of residence or habitual abode is unknown at the time legal proceedings are initiated. The right to also bring proceedings before a court of any other statutory jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
STYA GmbH
Fürstenbergstraße 13
72768 Reutlingen
Germany
Phone: 071213178333
E-mail: info@malmvik.de
We are not willing and are not obliged to take part 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 governed by the provisions on "Formation of the contract" in our Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German .
3.2. The full text of the contract is not stored by us. 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 your order has reached us, the order data, the information required by law for distance contracts, and the Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, 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 stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. Any shipping costs incurred are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the order process, and must be borne additionally by you, unless free shipping has been promised.
5.3. Any costs incurred in transferring money (bank transfer or exchange rate fees charged by the credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was arranged from outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless stated otherwise for individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
6. Delivery terms
6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a correspondingly 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 and accidental deterioration of the goods sold during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader, or another person otherwise designated to carry out the shipment.
If you are a trader, delivery and shipment are at your risk.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were created by lawyers of the Händlerbund specialised in IT law and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal soundness of the texts and is liable in the event of warning letters (cease-and-desist notices). Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.