Stencilmonkey

General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Granting Rights of Use for Digital Content
7. Reservation of Proprietary Rights
8. Warranty
9. Special Conditions for the Processing of Goods According to Client's Specification
10. Redemption of Campaign Vouchers
11. Applicable Law
12. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Michel Bawardi
Stencilmonkey (hereinafter referred to as "Seller”) shall apply to all contracts concluded
between a consumer or a trader (hereinafter referred to as "Client”) and the Seller
relating to all goods and/or services presented in the Seller's online shop. The inclusion
of the Client’s own conditions is herewith objected to, unless other terms have been
stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly
agreed otherwise. Digital content within the meaning of these GTC is data that is
created and provided in digital form.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly,
unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity.
1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with
legal capacity who, when concluding a legal transaction, acts in the exercise of his
commercial or independent professional activity.
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2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart. The Client may also
submit his offer to the Seller by e-mail or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed
by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal
Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if
the Client does not have a PayPal account, subject to the Terms for payments without a
PayPal account, available at
https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by
means of a method of payment offered by PayPal which can be selected in the online
order process, the Seller hereby declares the acceptance of the Client's offer at the time
when the Client clicks on the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller
shall not make the contract text accessible beyond this. If the Client has set up a user
account in the Seller's online shop prior to sending his order, the order data shall be
stored on the Seller's website and can be accessed by the Client free of charge via his
password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
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The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.7 The German and the English language are exclusively available for the conclusion of
the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction
on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member
state of the European Union at the time of concluding the contract und whose exclusive
domicile and delivery address were located outside of the European Union at the time of
concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, prices indicated are total prices.
Sales tax is not listed, since the Seller is a small trader within the meaning of section 19,
para 1 German Turnover Tax Act. Any possible additional delivery and dispatch costs are
specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop.
4.3 In case of delivery to countries outside the European Union, additional costs may
incur in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes for example transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
costs regarding money transfer may also incur, if delivery is not made in a country
outside the European Union and the Client carries out the payment from a country
outside the European Union.
4.4 Credit card payment via PAYONE
When selecting the payment method credit card, the invoice amount is due immediately
upon conclusion of the contract. Payment by credit card is processed in cooperation with
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PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller
authorises to collect the dept in his name. PAYONE GmbH shall collect the invoice
amount from the Clien's indicated credit card account. The credit card will be charged
immediately after the Client's order has been placed in the online shop. The Seller
remains responsible for general customer enquiries, e.g. about the goods, delivery time,
dispatch, returns, complaints, declarations of revocation and shipments or credit notes,
even if the payment method credit card via PAYONE GmbH has been selected.
4.5 Credit card payment via Secupay
When selecting the payment method credit card, the invoice amount is due immediately
upon conclusion of the contract. Payment by credit card is processed in cooperation with
secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns
his payment claim. secupay AG collects the invoice amount from the Client's credit card
account. In the event of assignment, payment can only be made to secupay AG with
debt-discharging effect. The credit card will be debited immediately after the Client has
placed his order in the online shop. The Seller remains responsible for general customer
enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints,
declarations of revocation and deliveries or credit notes, even if the payment method
credit card payment via secupay AG has been selected.
4.6 Credit card payment via Stripe
When selecting the payment method credit card, the invoice amount is due immediately
upon conclusion of the contract. Payment by credit card is processed in cooperation with
Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin,
Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit
assessment and to refuse this payment method if the credit check is negative.
4.7 When choosing a payment method offered via the payment service "Shopify
Payments", payment will be processed via the payment service provider Shopify
International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04
XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods
offered via Shopify are communicated to the Client in the Seller's online shop. Shopify
may use other payment services to process payments, which may be subject to special
payment terms, to which the Client customer is separately referred. Further information
on "Shopify Payments" can be found at https://www.shopify.com/payments.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area
specified by the Seller to the delivery address specified by the Client unless otherwise
agreed. When processing the transaction, the delivery address specified in the Seller's
order processing shall be decisive. Deviating from this, if the payment method PayPal is
selected, the delivery address deposited by the Client with PayPal at the time of
payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
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dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Digital content will be provided to the Client exclusively in electronic form as
follows:
- via download
- by e-mail
- by direct access via the Seller's website
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the
non-supply and if he has concluded a concrete hedging transaction with the supplier.
The Seller shall make all reasonable efforts to obtain the goods. In case of
non-availability or partial availability of the goods he shall inform the Client and grant
him immediately counterperformance.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's
online shop, the Seller grants the client the non- exclusive right, unlimited in relation to
place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of content to third parties or the production of copies to third
parties in a way not covered by the GTC is prohibited, unless the Seller has consented to
the transfer of the contractual license to third parties.
6.3 The granting of rights shall become effective only when the Client has fully paid the
contractually owed remuneration. The Seller may also grant provisional permission to
use the contractual content before this date. Such provisional authorization does not
constitute a transfer of rights.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall
apply. Deviating therefrom, the following shall apply to contracts for the delivery of
goods:
8.2 If the Client acts as trader
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- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from
delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the
scope of liability for defects.
8.3 If the Client acts as a consumer, the following applies to contracts for the delivery of
used goods subject to the restriction of the following clause: The limitation period for
claims for defects is one year from the delivery of the goods if this was expressly and
separately contractually agreed between the parties and it the Client was specifically
informed of the shortening of the limitation period before submitting his contractual
declaration.
8.4 The above-mentioned limitations of liability and shortening of the period of
limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building
and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with
respect to contracts for the supply of goods with digital elements.
8.5 Furthermore, for traders, the statutory limitation periods for any statutory right of
recourse that may exist shall remain unaffected.
8.6 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of
disclosure specified therein, the goods shall be deemed approved.
8.7 If the Client acts as a consumer, the forwarding agent has to be immediately
notified of any obvious transport damages and the Seller has to be informed
accordingly. Should the Client fail to comply therewith, this shall not affect his statutory
or contractual claims for defects.
9) Special Conditions for the Processing of Goods According to Client's
Specification
9.1 If, according to the terms of the contract, the Seller owes the delivery of the goods
as well as the processing of the goods according to certain specifications of the Client,
the Client shall make available to the operator all contents required for processing such
as texts, images or graphics in the file formats, formatting, image and file sizes specified
by the operator and shall grant the operator the necessary rights of use. The Client is
solely responsible for the procurement and acquisition of rights for such content. The
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Client declares and assumes responsibility that he has the right to use the content
provided to the Seller. In particular, he shall ensure that no third-party rights are
infringed thereby, in particular copyrights, trademark rights and personal rights.
9.2 The Client shall indemnify the Seller from claims of third parties asserted against
the Seller in connection with a violation of their rights by the Seller’s contractual use of
the Client’s content. The Client shall also bear the reasonable costs required for the
necessary legal defense, including all court and lawyer's fees according to the statutory
rate. This shall not apply if the Client is not responsible for the infringement. In the event
of claims by third parties, the Client shall be obliged to provide the Seller promptly,
truthfully, and completely with all information that is necessary for the verification of the
claims asserted for a corresponding defense.
9.3 The Seller reserves the right to refuse processing orders, if the content provided by
the Client for this purpose violates legal or official prohibitions or morality. This shall
apply in particular to the provision of content that is anti-constitutional, racist,
xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies
violence.
10) Redemption of Campaign Vouchers
10.1 Vouchers which are issued by the Seller free of charge, for a specific period of
validity in the context of promotional activities and which cannot be purchased by the
Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the
Seller’s online shop and only within the indicated time period.
10.2 Individual products may be excluded from the voucher campaign, if such a
restriction results from the conditions of the campaign voucher.
10.3 Only one campaign voucher can be redeemed per order.
10.4 The goods value should meet at least the amount of the campaign voucher. The
Seller will not refund remaining assets.
10.5 If the value of the campaign voucher is not enough for the order, the Client may
choose one of the remaining payment methods offered by the Seller to pay the
difference.
10.6 The campaign voucher credit will not be redeemed in cash and is not subject to
any interest.
10.7 The campaign voucher will not be redeemed, if the Client, in the context of his
legal right to cancel, returns goods paid fully or partially by a campaign voucher.
10.8 Campaign vouchers are only intended for the use of the person designated on the
voucher. Transferring the campaign voucher to a third party is not permitted. The Seller
is entitled but not obliged to check the entitlement of the respective voucher owner.
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11) Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
11.2 With regard to the statutory right of cancellation, this choice of law does not apply
to consumers who do not belong to a member state of the European Union at the time of
the conclusion of the contract and whose sole place of residence and delivery address
are outside the European Union at the time of the conclusion of the contract.
12) Alternative dispute resolution
The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
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