GENERAL TERMS AND CONDITIONS OF BUSINESS

Stretcher UG (limited liability)

1. Scope of these General Terms and Conditions.

1.1 The following general terms and conditions apply to all contracts between Sctrecker UG (limited liability), managing director: Sven Strecker (hereinafter referred to as “seller”), and the respective buyer on the internet platform schungit.com, unless they waive them in whole or in part through an individual agreement became. Terms and conditions of a legal entity under public law, a special fund under public law or an entrepreneur that deviate from these conditions require the express recognition of the seller.

1.2 The range of goods offered by the schungit.com web shop is aimed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions - Consumer: any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 of the Civil Code - BGB), and

- Entrepreneur: a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 BGB).

2. Conclusion of contract.

2.1 The buyer can select goods from the seller's range and add them to the shopping cart. By clicking the “buy” button, the buyer places a binding order for the items contained in the shopping cart.

2.2 The online offer at Schungit.com is limited exclusively to products that are ready for immediate dispatch.

2.3 Immediately after receipt of the order, the seller sends the buyer an automatic confirmation of receipt by email, which confirms receipt of the order by the seller (confirmation of receipt). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the contract.

The purchase contract is only concluded when the seller sends the ordered product to the customer within 2 days, hands it over or sends it with a second email, express order confirmation or invoice (order confirmation).

2.4 With the “advance payment” payment method, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.

2.5 The seller saves the contract text and sends the order data with general terms and conditions to the buyer by email. The buyer can view and print out the terms and conditions here on this page at any time.

3. Cancellation policy

Right of withdrawal

The buyer has the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which the buyer or a third party named by him who is not the carrier has or has taken possession of the goods.

In order to exercise your right of withdrawal, the buyer must contact the seller

Managing Director: Sven Strecker

Strecker UG (haftungsbeschränkt)

Warschauer Straße 10

97084 Würzburg

Germany

E-Mail: [email protected]

Telefon:(+49)931/991 782 93

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). The buyer can use the attached sample cancellation form, although this is not mandatory. If the buyer makes use of this option, the seller will immediately send him confirmation (e.g. by email) of receipt of such a cancellation.

In order to meet the cancellation period, it is sufficient for the buyer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

At:

Managing Director: Sven Strecker

Strecker UG (haftungsbeschränkt)

Warschauer Straße 10

97084 Würzburg

Germany

E-Mail: [email protected]

I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*):

__________________________________________________________________________________

Ordered on (*) / received on (*) 

__________________________________________________________________________________

Name of the Consumer(s) 

__________________________________________________________________________________

Address of the consumer(s) 

__________________________________________________________________________________

Date, signature of the consumer(s) (only for paper notification) 

__________________________________________________________________________________

(*) Delete what is not applicable.

Consequences of revocation

If the Buyer withdraws from this contract, the Seller will pay to him all payments received from the Buyer, including the delivery costs (except for the additional costs resulting from the choice of a method of delivery other than that offered by the Buyer have chosen standard delivery) immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract was received by the seller. For this repayment, the seller uses the same means of payment that the buyer used in the original transaction, unless expressly agreed otherwise with the buyer; In no case will the buyer be charged any fees for this repayment. The seller may refuse repayment until he has received the goods back or until the buyer has provided evidence that he has sent the goods back, whichever is the earlier.

The buyer must take delivery of the goods immediately and in any case no later than fourteen days from the day on which he was informed of the cancellation of this contract

Strecker UG (haftungsbeschränkt)

Warschauer Straße 10

97084 Würzburg

Germany

to return or hand over. The deadline is met if the buyer sends the goods before the fourteen day period has expired.

The buyer bears the direct costs of returning the goods.

The buyer is only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.

4. Prices, payment, due date and retention of title.

4.1 The seller's prices valid on the day of the order are stated in euros and include the statutory sales tax, but not the additional shipping costs. The buyer must bear customs duties and taxes himself.

4.2 The following payment methods are available to you:

- Payment in advance

If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

- PayPal

During the ordering process, the buyer is redirected to the website of the online provider PayPal. PayPal accepts credit cards (Visa, Master Card, American Express…) and bank accounts worldwide. Paying via PayPal is safe, fast and free of charge for you.

- Payment method credit card (Stripe)

If the buyer chooses one of the payment methods offered by the payment service provider “Stripe”, payments are possible with various credit cards (Visa, Mastercard, American Express, etc.). Thanks to the transaction confirmation, the seller can process and ship the order more quickly than is usually the case with advance payment.

- Purchase on account

The seller offers a convenient payment method “purchase on account” for buyers in Germany and Austria up to a goods value of 130.00 euros. Multiple orders with the same addresses or names are combined. The invoice amount must be paid without deductions within 14 days of receipt of the goods.

4.3 For purchases “on account”, the billing address must contain name, street, house number, postal code and city. Without this information, the buyer is not entitled to use the “purchase on account” payment method.

4.4 The buyer has no right of offsetting or retention unless the counterclaim is undisputed or legally established.

4.5 The seller reserves ownership of the goods until the purchase price (including sales tax and shipping costs) for the goods in question has been paid in full.

5. Shipping of the goods and costs of return in the event of cancellation.

5.1 On the day of receipt of the full purchase price (including sales tax and shipping costs), the goods will be shipped within 48 hours. If the goods were purchased “on account”, this order will be shipped within 48 hours of the conclusion of the purchase contract. Goods that are not in stock are not offered in our online shop.

5.2 The direct costs for returning the goods are borne by the buyer when exercising the right of withdrawal.

6. Shipping, insurance and transfer of risk

6.1 Unless expressly agreed otherwise, the seller determines the appropriate shipping method and the transport company at its reasonable discretion.

6.2 If the buyer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the buyer at the point in time at which the goods are delivered to the buyer or the buyer defaults on acceptance. In all other cases, the risk passes to the buyer upon delivery of the goods to the transport company.

6.3 The seller will insure the goods against the usual transport risks at his own expense.

7. Warranty

7.1 If the delivered goods have a defect, the buyer can first demand that the seller correct the defect or deliver a defect-free item. The seller can refuse the type of supplementary performance chosen by the buyer if this is only possible at disproportionate costs.

If the buyer is an entrepreneur, the seller can choose between remedying the defect or delivering defect-free goods. The right to choose will be given to the buyer by notification in text form (also by fax or email) within three working days of notification of the defect.

7.2 If the subsequent performance in accordance with Section 7.1 fails or is unreasonable for the buyer or the seller refuses subsequent performance, the buyer can withdraw from the purchase contract in accordance with the statutory provisions, reduce the purchase price or demand compensation or reimbursement of his wasted expenses. The special provisions in Section 8 also apply to the buyer's claims for damages.

7.3 The following applies to entrepreneurs: The buyer is obliged to carefully inspect the delivered goods immediately upon receipt. The delivered goods are deemed to have been approved by the buyer unless an obvious defect is reported to the seller within five working days of delivery.

8. Liability

8.1 The seller is liable without limitation for damage caused intentionally or through gross negligence, for fraudulent concealment of defects, for assuming a quality guarantee, for claims based on the Product Liability Act and for injury to life, body or health.

8.2 The seller is not liable for other damages if they were caused by simple negligence on the part of the seller, a legal representative or vicarious agent. In the event of a breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the buyer can regularly rely (cardinal obligations), the seller is liable for damages limited to compensation for the foreseeable damage that is typical for the contract, provided that this was caused simply by negligence.

9. Place of performance, place of jurisdiction and applicable law

9.1 The place of fulfillment for deliveries to consumers or entrepreneurs is the respective place of dispatch of the goods. This corresponds to the seller's place of business unless otherwise agreed.

9.2 If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the seller is the seller's registered office. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode outside the country after conclusion of the contract or if his place of residence or usual place of abode is not known at the time the action is filed. Furthermore, for claims by the seller against the buyer, the seller's place of residence is the place of jurisdiction.

9.3 The law of the Federal Republic of Germany applies to the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods, as long as this does not violate mandatory law in the country where the buyer is based.

9.4 The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.

The responsible body is the General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, https://www.verbraucher-schlichter.de/

10. Severability clause

Should a provision of these General Terms and Conditions be or become wholly or partially ineffective or unenforceable or should they contain a loophole, the legal validity of the remaining provisions of these Terms and Conditions remains unaffected.

Strecker UG (limited liability), January 2024