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TERMS & CONDITIONS

General Terms and Conditions of Business and Delivery 

 

General Terms and Conditions 

 

1. scope of these Terms & Conditions

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply. The product offer is directed only to end users.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor professional. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in its commercial or professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.

A uniform use of the masculine form in this contract is done for simplification and better readability. This includes persons of either sex (m/f/d), unless the meaning dictates otherwise.

 

2. contracting party, conclusion of contract

The sales contract is concluded with TERRITORY GmbH, Am Baumwall 11, 20459 Hamburg, Germany.

The product presentations in our online store serve the presentation and advertising of the articles there. An offer in the legal sense is not connected with it. Rather, the product presentations are non-binding invitations to the customer to order goods. With his order (clicking the "order now" button in the last step of the ordering process), the customer makes a binding offer to purchase.

A contract between you and us is concluded as soon as we accept your order by means of an order confirmation expressly designated as such, or earlier, as soon as you receive our request to initiate the payment process.

As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired number of items at any time or remove selected goods or services completely. If you have placed goods or services in the shopping cart, clicking on the "Continue" buttons will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your data. You can correct your input errors (e.g. regarding payment method, dates or the desired quantity) by clicking on "Edit" in the respective field. If you want to cancel the order process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "order with obligation to pay" your declaration becomes binding.

 

3. contract language, contract text storage

The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

 

4. delivery conditions and self-delivery reservation.

We accept billing addresses and payment methods, provided they are the same means of payment and payment brands, from other countries of the European Union and the European Economic Area, the delivery of our goods is within Germany and the EU. Ordering with delivery abroad is not possible through this website. If you wish to do so, please contact us. You can find the contact details in the imprint.

We deliver the goods according to the agreements made with you. Shipping costs are listed in the product description and will be shown separately on the invoice. The notes on delivery time result from the offer description. The delivery will take place at the latest within approx. 14 working days after receipt of payment, at the earliest however with completion of the books in October 2021.

If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own or the strictly limited edition is out of stock in the meantime, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made.

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5. payment

The purchase price is due immediately. The following payment methods are available in our store:

PayPal: In the ordering process you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

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6. right of withdrawal, costs of return shipment

Consumers are entitled to the statutory right of withdrawal as described in the notice on the Right of Withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal. Independent of this are your warranty claims, if our performance has defects. The uncommented return of the goods is considered as exercise of the right of withdrawal described in sentence 1.

Please use our return label for returns if possible. You will help us to process the returns faster and easier, but it is not obligatory. The costs of the return are to be borne by you.  All further information can be found in the notice on the Right of Withdrawal.

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7. reservation of ownership

The goods remain our property until full payment.

If goods with obvious transport damage are delivered to you, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance. Obligations of examination and notification of defects for entrepreneurs as customers according to clause 9 remain unaffected.

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8. transport damages

If goods with obvious transport damage are delivered to you, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance. Obligations of examination and notification of defects for entrepreneurs as customers according to clause 9 remain unaffected.

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9 Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty.

For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

Entrepreneurs must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed approved by the entrepreneur as customer if a defect is not notified to us a) in the case of obvious defects within five working days after delivery or b) otherwise within five working days after discovery of the defect.

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

- in case of injury to life, body or health,

- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,

- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations),

- within the scope of a guarantee promise, if agreed, and

- as far as the scope of application of the product liability law is opened.

You are also entitled to rights due to defects within the framework of a guarantee of quality and/or durability, provided that we have expressly given such a guarantee with regard to the sold item in the individual case. Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and claims by e-mail at info@stonesofbeirut.com.

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10 Limitation of liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

- in case of injury to life, body or health,

- in case of intentional or grossly negligent breach of duty,

- in the case of warranty promises, insofar as agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

- in case of injury to life, body or health,

- in case of intentional or grossly negligent breach of duty,

- in the case of warranty promises, insofar as agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

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11. dispute resolution

We do not participate in a dispute resolution procedure before a consumer arbitration board. However, according to the EU Regulation No. 524/2013, we are obliged to point out that the European Commission operates a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/.

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12. final provisions

For entrepreneurs, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. German law excluding the UN Convention on Contracts for the International Sale of Goods also applies to consumers if (a) you have your habitual residence in Germany, or (b) your habitual residence is in a country that is not a member of the European Union. In the event that you as a consumer have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

For merchants in the sense of the German Commercial Code, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is Hamburg. The place of jurisdiction Hamburg also applies to consumers, as far as they had their domicile or habitual residence in Germany at the time of the conclusion of the contract and have either moved out of Germany at the time of the institution of legal proceedings by us or their domicile or habitual residence is unknown at that time. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.

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