General terms and conditions with customer information
The supplier of the products offered in this online shop and the contracting party when concluding a sales contract in this online shop is (hereinafter referred to as the "Seller"):
Menninghauser Str. 21
Phone: +49 (0)176 / 74733035
Value added tax identification number: DE314838424
2. Scope of application
The following general terms and conditions (GTC) apply to all contracts concluded via this online shop. The following terms include information about your legal rights according to the rules on distance contracts and e-commerce.
Whenever the terms “entrepreneur” and “consumer” are used, the legal definitions of the German Civil Code (BGB) apply:
(1) Entrepreneur within the meaning of § 14 BGB (German Civil Code) is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(2) Consumer in the sense of § 13 BGB means any natural person who concludes a legal transaction for purposes which are outside his trade, business or profession.
4. Offer and conclusion of contract
(1) The presentation of products in our online shop is not a legally binding offer. The product presentation shall encourage the Customer to place the desired products in the shopping cart and to submit a legally binding offer to purchase the selected products by placing an order. The time of the conclusion of the contract shall be determined in accordance with point 4. (3) of these general terms and conditions.
(2) By clicking the “Add to basket” button, the Customer can place the product in a virtual shopping basket. This action is non-binding and does not constitute an offer to enter into a contract. If the Customer wants to remove an unwanted and previously selected product from the shopping cart, he/she can do so at any time by opening the shopping cart and removing the relevant product by clicking on the delete button.
(3) If all desired products are in the shopping cart, the Customer can initiate the payment process:
(a) “Checkout” button:
After clicking the checkout button, the Customer can log in to an existing account, open a new customer account or use the guest checkout option to place an order without logging into or creating a store account. Then the Customer has to enter the personal data required for the processing of the contract, whereby mandatory fields are highlighted. In the further order process, the Customer needs to choose the desired payment and shipping method. At the end of the order process, the Customer is taken to a summary page ("Checkout") on which the data entered, the selection made by the Customer, the desired products, as well as the costs and their composition are listed. Here the Customer can verify his/her selection and the data he/she has entered. Errors can be corrected by clicking on the change button and entering or selecting new data. By clicking on the order button ["Buy" or "Order with an obligation to pay"] that concludes the order process, the Customer submits a legally binding offer to conclude a contract. The contract is concluded when the Seller accepts the offer by sending an order confirmation within 48 hours. Otherwise, the offer is considered as not accepted.
(b) Button „amazon pay“:
Upon pressing the "amazon pay" button, the Customer is redirected to the website of Amazon. In order to be able to process the order and pay via Amazon, the Customer must be registered there. The Customer can select the delivery address and payment method stored at Amazon and is then redirected to the online shop of the Seller. There the order process can be completed as described under a) ("Checkout"). Immediately after completion of the order process by the Customer, the Seller will ask Amazon to initiate the payment transaction. By making this request, the Seller accepts the Customer's offer to conclude a contract.
5. Delivery time
The delivery time is indicated on the product detail page. If the product detail page does not provide any specific information on the delivery time, the following applies: the ordered goods will be dispatched within 48 hours after the order is placed or, in the case of advance payment methods, within 3 working days of payment being received (Sundays and holidays excluded). The normal delivery time is 3–4 working days (applies to shipping within Germany). Deliveries abroad, if offered, may take 3-4 working days longer .
6.Prices and shipping costs
(1) All prices in our online shop are final prices and include the statutory value added tax.
(2) Shipping to countries outside of EU may result in additional custom duties, taxes and fees, which are to be borne by the Customer and paid to the relevant customs or tax authorities. The Customer can request the details from the relevant customs or tax authorities before placing an order. Additionally, there are some helpful information pages like the one below:
7. Transport risk
(1) In the case of the purchase of consumer goods, the Seller bears all risks associated with the transport according to the statutory provisions. If the buyer is an entrepreneur, the risk of transport is transferred to him, as soon as the goods are handed over to the carrier.
(2) If a shipment cannot be delivered due to the Customer's fault, the Customer shall bear all additional costs arising from that fact. Shipments are considered undeliverable if an authorised recipient is unavailable and the deadline for pick-up of the parcel has expired, shipment is refused by the recipient or authorised representative or the recipient cannot be found at the address provided during the order process. Physical obstacles which make the delivery impossible (e.g. the letterbox or parcel box is closed), the refusal to pay the cash on delivery amount / the cash on delivery costs (provided that the cash on delivery payment method has been offered and selected by the Customer) or the refusal to confirm the receipt of the delivery shall also be deemed to be a refusal of acceptance.
8. Payment methods
(1) We offer our Customers several payment options. These are listed on a linked website and displayed for selection during the order process. If there arise some additional costs associated with certain payment methods, these will be listed in detail on the relevant linked website.
(2) In the case of advance payment methods, the goods are delivered after receipt of payment by the Seller.
(3) The payment methods "purchase on account", "hire purchase", SOFORT and direct debit are offered in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as: "Klarna"). If these payment methods are selected, the following separate terms and conditions of Klarna are deemed to be agreed:
Invoice: the term of payment is 14 days of the date when the goods/tickets are dispatched or, in case of other services, the service is provided. The full terms and conditions for the countries where this payment method is available can be found here: Germany, Austria.
Hire purchase: with the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding hire purchase, including terms and conditions and the Standard European Consumer Credit Information for the markets where this payment method is available, can be found here (only available in the countries indicated): Germany, Austria.
Sofort: available in Germany, the Netherlands and Austria. Your account will be debited directly after placement of your order.
Direct debit: available in Germany, the Netherlands, Sweden and Austria. The sum is deducted after the goods are dispatched. You will be informed of the time by e-mail.
(5) Payment via PayPal: when ordering online, you can also pay quickly and securely via PayPal. Simply select the PayPal payment method during the order process. After submitting your order, you will be automatically redirected to PayPal to complete your payment. To make a payment through PayPal it is necessary to set up a PayPal account. You need to have a credit card or confirmed bank account with PayPal before you can send any payments. All you need for any future purchases with PayPal is your user data and password for PayPal. You can find more information about PayPal at www.paypal.de.
(6) Advance payment: for orders from Germany, payment can be made by bank transfer. Please transfer the total amount of your order to the following account:
Bank: Sparkasse Wuppertal
IBAN: DE17 3305 0000 0000 8291 27
As soon as the payment arrives to stadtecken.de bank account, the order is released and shipped. The delivery period is thus extended by this period of time. stadtecken.de shall wait up to 7 working days for the receipt of the payment, after which the order will be automatically cancelled.
9. Reservation of ownership
If the Customer is a consumer, the Seller reserves the right of ownership of the delivered goods until the purchase price has been paid in full by the Customer. If the Customer is an entrepreneur, the Seller reserves the right of ownership of the delivered goods until full payment of all claims arising from the business relationship with the Customer.
10. Reservation of the right to terminate the contract
If delivery problems arise for the Seller after the conclusion of a sales contract, meaning that the goods will not be delivered according to type and quantity in time, the Seller reserves the right to terminate the contract. The foregoing shall apply only in the event that the Seller is not responsible for the non-delivery, in particular, if he has concluded a congruent hedging transaction in timely manner to fulfil his contractual obligations and has informed the Customer immediately of these circumstances. In such a case, the Seller will immediately refund any payments that the Customer has already made.
11. Statutory liability for defects
(1) For the goods delivered by us, the statutory liability for defects exists, i.e. a two-year warranty period from the date of delivery of the goods to the Consumer.
(2) In the case of contracts with entrepreneurs for the delivery of goods, a warranty period of one year from the date of delivery to the Buyer applies. The rights of the entrepreneur under §§ 478, 479 BGB remain unaffected by this.
(3) The shortened warranty period mentioned above under point 11. (2) shall not apply to claims based on damage caused by the Seller, his legal representatives or vicarious agents in the following cases: in the event of injury to life, limb or health, intentional or grossly negligent breach of obligation, in the event of fraudulent concealment of a defect, in the event of breach of an obligation, the fulfilment of which is essential for the due and proper execution of the contract and on compliance with which the Purchaser can normally rely (essential contractual obligation). Furthermore, the Seller is liable according to the Product Liability Act, as far as the scope of application of the Product Liability Act has been opened up, or in other cases specified by the law, in which the Seller's liability is mandatory.
If the Customer is a merchant in the sense of the German Commercial Code (Handelsgesetzbuch – HGB), he must notify the Seller of any defects immediately, but at the latest within one week of receipt of the goods. Defects that cannot be detected within this period, even after careful inspection, must be reported in writing immediately after their detection, otherwise the goods shall be deemed approved in spite of such a defect. The above shall not apply if the Seller has fraudulently concealed the defect or has provided a guarantee. If the Seller enters into negotiations regarding a complaint, this in no way indicates a waiver of the right to assert that a complaint has been made too late, is insufficient or unjustified.
13. Cancellation policy
(1) Sample withdrawal form:
If you wish to withdraw from the contract, please fill in and return this form to:
Menninghauser Str. 21
(2) Right of withdrawal
You have 14 calendar days to exercise your right to withdraw from the contract without giving a reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us
Menninghauser Str. 21
Phone: +49 (0)176 74733035
by means of a clear statement (e.g. an e-mail or a letter sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not required. You can also electronically fill in and submit the withdrawal form, If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a withdrawal. To meet the cancellation deadline, it is sufficient to send your notice of cancellation before the cancellation period expires.
(3) Consequences of withdrawal
In the event of withdrawal, we will refund to you all payments received from you, including delivery charges (apart from any additional costs resulting from the fact that you have chosen a different method of delivery than the cheapest standard delivery offered by us) immediately and at the latest within the maximum period of fourteen days as from receipt of your notice of cancellation. We use the same means of payment for this refund as the one used by you in your original transaction, unless we have expressly agreed another means with you. Under no circumstances will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You are to return or hand back the goods immediately, and in any case no later than fourteen days from the date on which you notified us of your cancellation of this contract, to Bartosz Kistela, Menninghauser Str. 21, D-42859 Remscheid. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen days period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(4) Personalised products
Personalised products are produced entirely according to customer specifications. For this reason, the Customer has no legal right to withdraw or return our products in accordance with § 312d par. 4 No. 1 BGB.
14. Limited liability, guarantees
(1) The Seller is liable without limitation for damages caused intentionally or as a result of gross negligence.
(2) In the case of simple negligence the liability only applies to the breach of essential contractual obligations, i.e. such obligations, observance of which is of special importance for the attainment of the contractual purpose and on compliance with which the Purchaser can normally rely. Otherwise, liability is excluded in the event of simple negligence.
(3) Provided that the Seller is liable as above for simple negligence, the liability is restricted to the damage which could typically be expected to occur according to the circumstances known at the time of conclusion of the contract.
(4) The aforementioned exclusions and limitations of liability shall not apply if the Seller has provided a guarantee for the quality of the goods or fraudulently concealed the defectiveness of the goods. Furthermore, the Seller shall be liable without limitation for damages which the Seller is obliged to compensate under the Product Liability Act, as well as for damages to life, limb and health.
(5) Should the manufacturer or Seller offer guarantees for certain products, this will be indicated on the particular product page or on a separately linked website. The legal rights of the Customer, in particular the statutory warranty rights, shall not be affected by any guarantees provided.
15. Contract language, saving of the contract text
(1) The contract language is German.
(2) The text of the contract is not stored by the Seller after the contract has been concluded and is not accessible to the Customer. The Customer may print out the text of the contract prior to the conclusion of the contract and/or save it in a reproducible form by taking screenshots of the main web pages or converting it into PDF format.
16. Applicable law, place of jurisdiction
(1) The purchase contracts concluded with companies via this online shop are subject to the substantive law of the Federal Republic of Germany, to the exclusion of the UN Sales Convention.
(2) In the event of disputes arising from contracts concluded via this online shop, they shall be resolved by a court having jurisdiction over the registered office of the Seller, if the Buyer is a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or special assets under public law.
17. Online dispute resolution
(1) The European Commission provides an online dispute resolution platform (OS), which is available at the following link: https://ec.europa.eu/consumers/odr.
(2) In general it is the Universalschlichtungsstelle des Zentrums für Schlichtung e. V. which is responsible for general consumer problems. It can be accessed at https://www.verbraucher-schlichter.de and operates at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.
(3) We are neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.
18. Severability Clause
Should any of the above provisions be wholly or partly invalid due to legal provisions, regulations or amendments, all other provisions shall remain unaffected and continue to apply in full.