General Terms and Conditions

for the online shop at the URL

https://www.strosek.de/

operated by

Strosek GmbH
Sophienstraße 22
80333 Munich
Email: info@strosek.de
Phone: +49 89 599 1824 00

- hereinafter referred to as the Provider -

 

1. Scope

These General Terms and Conditions (GTC) apply, upon inclusion, to all contracts for the purchase of goods, services, or other items (hereinafter referred to as "Goods") via the online shop at the above URL, in the version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop are non-binding invitations from the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is carried out via the Provider's online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. The acceptance occurs when the Provider confirms the conclusion of the contract in writing or text form (e.g., by email) and this order confirmation is received by the customer, or when the Provider delivers the ordered goods and the goods are received by the customer, or when the Provider requests payment from the customer (e.g., invoice or credit card payment in the order process) and the payment request is received by the customer; the relevant time for the conclusion of the contract is the moment when one of the alternatives mentioned in the first sentence occurs for the first time.

2.3 Before placing the order via the Provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other input functions available. Additionally, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual keyboard, mouse, touch, or other input functions available.

2.4 The Provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). The Provider does not provide any further access to the contract text beyond this. If the purchase is made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German, English

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. Details are provided in the withdrawal policy, which is made available to every consumer no later than immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory value-added tax and any shipping costs listed. The customer will be informed about the available payment methods in the Provider's online shop.

4.2 If payment by credit or debit card is agreed upon, the purchase price becomes due immediately after the conclusion of the contract.

4.3 If payment via "PayPal" is agreed upon, the purchase price becomes due immediately after the conclusion of the contract. 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.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery is made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Self-collection of the purchased goods is excluded.

6.3 If the Provider is unable to deliver the ordered goods because they were not supplied without fault on their part despite concluding a congruent hedging transaction with a reliable supplier in good time, the Provider is released from their performance obligation and may withdraw from the contract. The Provider is obligated to inform the customer immediately about the impossibility of performance. Any consideration already provided by the contractual partner will be refunded promptly. Mandatory consumer rights remain unaffected by this clause.

7. Warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 The Provider is liable without limitation:

  • for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • for damages caused by an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • based on a guarantee promise, if applicable;
  • due to mandatory liability (e.g., under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, liability is limited to foreseeable damage typical for the contract, unless unlimited liability applies according to the above paragraph. Material contractual obligations are obligations imposed on the Provider under the contract according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper performance of the contract in the first place and on the compliance with which the customer regularly relies.

8.3 In all other respects, the liability of the Provider and the liability of its vicarious agents and legal representatives are excluded.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. For more information, please refer to the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), provided this choice of law does not result in the removal of mandatory statutory provisions of the law of the customer's place of habitual residence within the EU.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office has jurisdiction, provided no exclusive jurisdiction exists for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company is provided in the heading of these GTC.

10.3 If any provision of this contract is invalid or unenforceable or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.

11. Information on Online Dispute Resolution / Consumer Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

The Provider is not willing or obligated to participate in dispute resolution procedures before a consumer arbitration board.

Our email address can be found in the heading of these GTC.