Terms & Conditions

Scope

• These General Terms and Conditions (hereinafter referred to as "GTC") of Steinbild GmbH and Steinbild USA LLC (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
• These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, unless otherwise expressly agreed.
• These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
• A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
• For the purposes of these GTC, digital content is all data that is not on a physical data carrier, is produced in digital form and is provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.
• The subject of the contract may be - depending on the Seller's product description - both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "Subscription Contract"). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.

Contract conclusion

• The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
• The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
• The seller may accept the customer's offer within five days,
1. by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
2. by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
3. by requesting payment from the customer after the customer's order has been placed.
• If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
• If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (USA), subject to the PayPal Terms of Use, which can be viewed under PayPal Terms of Use or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed under Terms for "Payments without a PayPal account". If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
• When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The seller shall not make the text of the contract accessible beyond this.
• Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
• Only the English language is available for the conclusion of the contract.
• The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

Right of withdrawal

• Consumers are generally entitled to a right of withdrawal.
• More information on the right of withdrawal can be found in the seller's cancellation policy.
• The right of withdrawal does not apply to consumers outside of the 48 constitutional States at the time of conclusion of the contract and whose sole residence and delivery address are outside the USA at the time of conclusion of the contract.

Prices & terms of payment

• Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
• In the case of deliveries to countries outside the 48 constitution States, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the 48 constitution States, but the customer makes the payment from a country outside the United States.
• The payment option(s) will be communicated to the customer in the seller's online store.

Delivery and shipping conditions

• The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
• If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer does not effectively exercise their right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
• Self-collection is not possible for logistical reasons.
• Digital content is provided to the customer exclusively in electronic form as follows:
1. by email
• Vouchers are given to the customer as follows:
1. via download
2. by email

Granting of rights of use for digital content

• Unless otherwise stated in the description in the seller's online store, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
• A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
• The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.

Term and termination of subscription contracts

• Subscription contracts are concluded for an indefinite period of time and may be terminated by the customer at any time without notice to the end of the subscription period.
• The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
• Cancellations must be made in writing or in text form (e.g. by e-mail).

Reservation of ownership

• If the seller does advance fulfillment (e.g. shipping of products), he retains ownership of the delivered goods until the purchase price owed has been paid in full.

Liability for defects (warranty)

• If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
• If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this immediately.
• Steinbild ART is a natural product and cut and framed to specific dimensions. Natural cracks, uneven fillings, gaps along the natural crack lines within the stone can accure and are normal. Pending on the composition of the stone it may not be a cause of damage. True defects will be initially assessed by experts of Steinbild Germany from the manufacturing company by proof of pictures provided by the time of damage claim.
• Returns can only be accepted within 7 days after delivery acceptance by the customer. The Stone Art has to be in its original packaging and was never installed. The return will only be accepted by written notice between the customer and Steinbild USA LLC in the US.
• For damage or injuries to any person or other objects, buildings, electrical systems or fire caused by any component of a Steinbild ART, Steinbild GMBH Germany and Steinbild USA LLC will and are not liable in the court of law.

Redemption of promotional vouchers

• Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
• Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
• Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
• Only one promotional voucher can be redeemed per order.
• The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
• If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
• The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
• The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
• The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

Gift voucher redemption

• Vouchers that can be purchased via the Seller's online store (hereinafter "Gift vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the voucher.
• Gift vouchers and remaining gift certificate balances are redeemable until the end of the third year after the year of the gift certificate purchase. Remaining credits will be credited to the customer until the expiration date.
• Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
• Only one gift voucher can be redeemed per order.
• Gift vouchers can only be used to purchase merchandise and cannot be used to purchase additional gift certificates.
• If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
• The balance of a gift voucher is neither paid out in cash nor does it earn interest.
• The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

Applicable law

• The law of the Federal Republic of Germany and /or United States of America shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
• Furthermore, this choice of law with regard to the statutory right of withdrawal shall only apply to the 48 contiguous US States at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

Jurisdiction

• If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany and the United States of America as the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany and or the United States of America, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

Alternative dispute resolution

• The EU Commission and United States of America provide a platform for online dispute resolution on the Internet at the following link.
• This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
• The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.