General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Indemnification for Infringement of Third-Party Rights
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of stempel-fabrik.de GmbH, Managing Director: Christian Sommer, Raiffeisenstraße 3, 70839 Gerlingen, HRB 767003/Commercial Register AG Stuttgart, trading under "stempel-fabrik.de" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer by fax, email, or mail to the Seller.

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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment processing is handled by 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 PayPal's Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, the Customer also issues a payment instruction to PayPal. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe Terms of Use, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, the Customer also issues a payment instruction to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller and sent to the Customer after sending the order together with the present Terms and Conditions in text form (e.g., email, fax, or letter). Additionally, the contract text is archived on the Seller's website and can be retrieved free of charge by the Customer via their password-protected customer account by providing the appropriate login details, provided the Customer has created a customer account in the Seller's online shop before sending the order.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using standard keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Only the German language is available for contract conclusion.

2.9 Order processing and contact are generally conducted via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, if the Customer uses SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal notice.

3.3 The right of withdrawal does not apply to consumers who are not a member of a Member State of the European Union at the time of contract conclusion and whose sole place of residence and delivery address at the time of contract conclusion are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the stated prices are total prices that include statutory sales tax. Any additional shipping and delivery costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not 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) is/are communicated to the Customer in the Seller's online shop.

4.4 If payment is made using a payment method offered by PayPal, payment processing is handled by 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 PayPal's Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method "SOFORT Transfer" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via SOFORT Transfer, the Customer must have an online banking account enabled for participation in SOFORT Transfer with PIN/TAN procedure, must identify themselves appropriately during the payment process, and must confirm the payment instruction to SOFORT. The payment transaction is then carried out immediately by SOFORT and the Customer's bank account is debited. The Customer can obtain further information about the SOFORT Transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/

4.6 If the payment method "Invoice Purchase" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed.

5.2 If the shipping company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if the Customer is not responsible for the circumstance that made delivery impossible, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the freight forwarder, carrier, or other person or institution 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 to the Customer only upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment if the Customer has commissioned the freight forwarder, carrier, or other person or institution 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 improper or defective self-supply. This applies only if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of Title

6.1 The Seller retains ownership of the delivered goods until full payment of the purchase price owed, as against consumers.

6.2 The Seller retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship, as against entrepreneurs.

6.3 If the Customer acts as an entrepreneur, the Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. All claims arising therefrom against third parties are assigned to the Seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title are resold without or after processing. The Customer remains authorized 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 fulfills their payment obligations to the Seller, is not in default of payment, and no application for opening insolvency proceedings has been filed.

7) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of statutory warranty liability apply. Notwithstanding the foregoing, the following applies:

7.1 For Entrepreneurs

• a minor defect generally does not give rise to warranty claims;
• the Seller has the choice of the type of remedy;
• for new goods, the limitation period for defects is one year from transfer of risk;
• for used goods, rights and claims for defects are generally excluded;
• the limitation period does not begin anew if replacement delivery is provided as part of warranty liability.

7.2 For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods to the Customer, with the restriction of the following section.

7.3 The liability limitations and limitation period reductions regulated above do not apply

• to items that have not been used in accordance with their customary use for a building and have caused its defectiveness,
• for damages arising from injury to life, body, or health based on intentional or negligent breach of duty by the Seller or intentional or negligent breach of duty by a legal representative or agent of the Seller,
• for other damages arising from intentional or grossly negligent breach of duty by the Seller or intentional or grossly negligent breach of duty by a legal representative or agent of the user, as well as
• in the event that the Seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer is subject to the merchant's duty of examination and notice as provided in § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.6 If the Customer acts as a consumer, the Customer is requested to report any obvious transport damage to delivered goods to the carrier and to notify the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual warranty claims.

8) Liability

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

8.1 The Seller is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body, or health,
• based on a warranty promise, insofar as nothing else is regulated in this regard,
• based on mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage of the contract, unless liability is unlimited pursuant to the preceding section. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the contract's purpose, whose fulfillment first enables the proper performance of the contract, and whose compliance the Customer may regularly rely on.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The foregoing liability provisions also apply with regard to the Seller's liability for its agents and legal representatives.

9) Indemnification for Infringement of Third-Party Rights

If the Seller owes, according to the content of the contract, in addition to the delivery of goods, also the processing of the goods according to specific specifications of the Customer, the Customer must ensure that the contents provided to the Seller for the purpose of processing do not infringe the rights of third parties (e.g., copyrights or trademark rights). The Customer indemnifies the Seller from claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's contents by the Seller. The Customer also assumes the reasonable costs of necessary legal defense, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement of rights. The Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of claims and a defense in the event of a claim by third parties.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that 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.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is evident from the content of the promotional voucher.

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

10.4 Only one promotional voucher can be redeemed per order.

10.5 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.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference amount.

10.7 The credit of a promotional voucher is neither paid out in cash nor accrued with interest.

10.8 The promotional voucher is not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The Seller can perform with a discharge effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or is grossly negligent in not knowing of the holder's lack of entitlement, incapacity to act, or lack of authority to represent.

11) Applicable Law

11.1 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not a member of a Member State of the European Union at the time of contract conclusion and whose sole place of residence and delivery address at the time of contract conclusion are outside the European Union.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.