General Terms and Conditions (GTC)

1.1 These General Terms and Conditions (hereinafter “GTC”) of Stone Heap DE GmbH & Co. KG (hereinafter “Seller") apply to all contracts for the delivery of goods concluded by a consumer or trader (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided for in this respect.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise provided for in this respect. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.5 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail or via the online contact form.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end 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 a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time at which the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before the order is submitted with binding effect via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that the 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.

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, 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 money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance performance to the Customer (e.g. purchase on invoice or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of the assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returned items, or credit notes.

4.6 If a payment method offered via the payment service “Stripe” is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, of which the Customer will be informed separately where applicable. Further information on Stripe is available online at https://stripe.com/de.

4.7 If the payment method direct debit via Stripe is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe collects the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although not entitled to do so, the Customer must bear the fees incurred as a result of the chargeback by the respective credit institution, provided that the Customer is responsible for this. The Seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.

4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If 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 does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in this respect in the Seller's withdrawal policy applies to the return shipping costs.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by e-mail
• by post

5.7 Digital content is provided to the Customer as follows:

• by direct access via the trader's website
• by download
• by e-mail

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of territory and time, to use the content provided exclusively for private purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted, unless the Seller has consented to a transfer of the licence forming the subject of the contract to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights only becomes effective when the Customer has paid the remuneration owed in full. The Seller may also provisionally permit use of the content forming the subject of the contract before this point in time. Such provisional permission does not result in a transfer of rights.

7.1 In relation to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7.2 In relation to traders, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

7.3 If the Customer acts as a trader, the following also applies:

In the event of the processing of the delivered goods, the Seller is deemed to be the manufacturer and acquires title to the newly created goods. If the processing is carried out together with other materials, the Seller acquires title in the proportion of the invoice value of its goods to that of the other materials. If, in the event of the combination or mixing of the Seller's goods with an item belonging to the Customer, the latter is to be regarded as the main item, co-ownership of the item passes to the Seller in the proportion of the invoice value of the Seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In these cases, the Customer is deemed to be the custodian.

The Customer may neither pledge nor assign by way of security any items subject to retention of title or reservation of rights. The Customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer assigns in advance to the Seller all claims against third parties arising from this in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations towards the Seller, does not fall into default of payment and no application for the opening of insolvency proceedings has been filed.

The Customer must immediately notify the Seller of any access by third parties to the goods owned or co-owned by the Seller or to the assigned claims. The Customer must immediately pay over to the Seller any amounts assigned to the Seller and collected by the Customer, insofar as the Seller's claim is due.

Insofar as the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding proportion of the security rights at the Customer's request.

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as a trader,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortened periods set out above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification duties regulated therein, the goods are deemed to have been approved.

8.5 If the Customer acts as a consumer, the Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided for in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the Customer may regularly rely.

9.3 In all other respects, liability on the part of the Seller is excluded.

9.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to specific requirements of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and must grant the Seller the rights of use required for this purpose. The Customer alone is responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed as a result, in particular copyrights, trademark rights and personal rights.

10.2 The Customer shall indemnify the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defence, including all court and legal fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller without delay, truthfully and completely with all information required for the examination of the claims and for a defence.

10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

11.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent crediting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 If the promotional voucher relates to a specific value and not to a percentage price reduction, 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.

11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

11.8 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

11.9 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 their statutory right of withdrawal.

11.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

12.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

12.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the Customer until the expiry date.

12.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent crediting is not possible.

12.4 Several gift vouchers may be redeemed for a single order.

12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

12.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

12.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the non-entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

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, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is 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. In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

• The Seller has submitted to the guidelines for “Google Customer Reviews”, which are available online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.