Terms of Service
Stated 21.09.2018

Stylemittel GmbH

Goethestraße 14
10625 Berlin
Represented by managing director:
Timo Röpcke

- later in here referred to as provider -

§ 1 Scope

(1) The services of the provider for our online shop are offered exclusively according to the following version of the terms of service at the moment the order is placed. The terms of service apply to online orders as well as to orders placed via telephone on the basis of the offers at our website.
(2) Our terms of service apply exclusively. Differing terms of service of the orderer only apply if we explicitly agree to them.

§ 2 Conclusion of contract

(1) Our offers represent a non-binding proposal towards the customer to order products. By submitting the order, the customer offers a binding proposal to conclude a contract.
(2) The confirmation of placement of the order follows immediately after submitting the order and is not yet to be considered an acceptance of the order. We can accept your order by sending a confirmation via e-mail within 2 work days or by delivering the products.
(3) On submitting the offer via the online ordering form of the provider, the contract text, including the present Terms of Service, will be stored by the provider and will be sent in text form(e.g. by E-Mail fax or letter) to the customer after having submitted his/her order. In addition, the contract text will be archived on the website of the provider and may be accessed by the customer via his/her password-secured customer account by entering the respective login data, as far as the customer has opened a customer account with the online shop of the provider before submitting his/her order.
(4) Before bindingly placing the order via the online ordering form the customer can correct his/her entries via the common keyboard and mouse functions at any time. Further, all entries will be displayed again in a confirmation window before bindingly submitting the order and can also there be corrected via the common keyboard and mouse functions.
(5) The contractual languages are German and English.

§ 3 Payment, Default

(1) Prices are as displayed on our website at the moment of placing the order. All prices are including VAT and the individually displayed shipping costs.
(2) Payment is possible by bank transfer / payment in advance, by credit card, PayPal or Amazon services.
(3) On choice of payment by “PayPal”, the payment takes place via the payment services provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under application of the PayPal Terms of Service, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
(4) On choice of payment by "Amazon Pay", the payment takes place via the payment services provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxemburg, under application of the Amazon Payments Europe Terms of Service, available under https://payments.amazon.co.uk/help/201212430
(5) On choice of payment by "purchase on account", the payment takes place via the payment services provider payolution GmbH (www.payolution.com), Am Euro Platz 2, A-1120 Wien, under application of the payolution GmbH, available here.
(6) If the orderer defaults in payment, we are entitled to claim default interests 5 percent points above the basic interest rate of the European Central Bank. If we claim higher default interests, the orderer may prove that the claimed default damage has either occurred not at all or is significantly lower.

§ 4 Reservation of Title

The delivered products remain our property until complete payment.

§ 5 Delivery

(1) The standard delivery takes place within 3-5 days within Germany. For information concerning deliveries abroad as well as calculation of the delivery term, please see here.
(2) If the provider is not able to deliver the ordered product without his / her fault because the provider’s supplier does not fulfil his / her duties, the customer will be informed immediately that the ordered products are not available. Already performed services of the customer will be refunded immediately. Legal claim entitlements of the customer remain unchallenged.
(3) Towards entrepreneurs, the risk of loss or impairment of the product transfers to the orderer on handing over the delivery item to the forwarding agent. If the handing-over or dispatch is delayed due to the orderer's fault, the risk transfers on the day on which the readiness for dispatch has been announced.

§ 6 Default of Acceptance

(1) If the customer defaults in acceptance or culpably violates other obligations to co-operate, we are entitled to claim compensation for damages resulting from the default, including possible additional expenses. Further extended claims are reserved.
(2) In case of default of acceptance we are entitled to charge interests. The default interest rate is 5 percent points per annum. In case of legal transactions between entrepreneurs, the default interest rate is 8 percent point above the basic interest rate.
(3) The customer may reserve the right to prove that amount of the claimed damage has either occurred not at all or is significantly lower. The risk of accidental loss or accidental impairment of the product is transferred to the customer in the moment the customer defaults in acceptance.

§ 7 Guarantee

(1) If the purchase item is defective, the legal regulations concerning defect liability apply. In case of defects the customer may choose whether the supplementary performance takes place by rectification of defects or by replacement delivery. However, we are entitled to reject the proposed method of supplementary performance if it would results in disproportionately high costs and if the other method of supplementary performance would be without significant disadvantages for the customer.
(2) If the supplementary performance fails or has been completely rejected by us, the customer is entitled to claim a reduction of the price or may withdraw from the contract. Possible damage claims of the customer remain unchallenged.
(3) If the customer is an entrepreneur according to Sec. 14 German Civil Code (BGB), the following agreement concerning guarantee claims applies: Obvious defects must be reported to the provider in writing immediately, not later than 14 calendar days after delivery; latent defects must be reported in writing immediately, not later than 14 calendar days after discovery of the defects. If the defects are reported not within the above mentioned period, guarantee claims of the customer are excluded. The exclusion does not apply if the provider fraudulently concealed the defects or has taken over a guarantee, accordingly. Guarantee claims expire one year after delivery of the merchandise.
(4) To all products of our shop legal guarantee regulations apply.

§ 8 Limitation of Liability

Regarding compensation for damages and expenses, the provider is liable towards the customer for all contractual, quasi-contractual and legal claims as well as claims according to tort law as follows:

The provider is unlimitedly liable on any legal ground

  • in case of intention or gross negligence
  • in case of intentional or gross negligent harm to life, body and health,
  • because of given guarantee bonds, if not otherwise regulated,
  • because of mandatory liability, such as liability according to the Product Liability Act.

(2) If the provider negligently violates an essential contractual duty, the liability is limited to the typical, foreseeable contractual damage, if not unlimited liability applies according to the afore mentioned point. Essential contractual duties are those imposed onto the seller by this contract for the purpose of fulfilling the contractual goal, which enable the orderly execution of the contract in the first place and on whose compliance the customer can usually trust.
(3) Further-going liability of the provider is excluded.
(4) The afore mentioned liability regulations also apply with respect to liability of the provider's vicarious agents and legal representatives.

§ 9 Data Protection

We treat your personal data confidential and according to legal data protection regulations. A transmission of your data to third parties does not take place without your explicit permission or only within the scope of fulfilling the contract, respectively, such as transmission of data to the company in charge with the delivery. For more information, please see our Privacy Policy.

§ 10 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany is applied under exclusion of the CISG-Law, if this choice of applicable law does not violate obligatory consumer protection rights of the consumer.
(2) If the contractual partners are salesmen, place of jurisdiction is Berlin, unless an exclusive place of jurisdiction has been constituted for a legal dispute. This also applies if the customer has no residence within the European Union.

§ 11 Complaint Procedure

The European Commission provides at the following link a platform to an online dispute resolution: http://ec.europa.eu/consumers/odr/. We are not obliged to attend to an arbitration before a consumer point.

§ 12 Final Regulation

If a single provision of the contract is invalid or unenforceable, the remaining provisions of this contract remain effective.

Withdrawal instructions

Consumers are granted the following right to withdrawal. Consumer is any natural person concluding a legal business for all other purposes than own commercial purposes or purposes related to their capacity as freelancers:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons. It starts from the day that you or any appointed third party acting on your behalf, which is not the forwarding agent, has taken possession of the products.

To exercise your right of withdrawal you need to send us (Stylemittel GmbH, Goethestraße 14, 10625 Berlin, webshopnospamplease@nospampleaseridersonthestorm.com, Fax: +49 (0)30 54 000 88 - 69) an explicit declaration (e.g. by letter, fax or e-mail) informing us about your decision to withdraw. You are free to use the attached withdrawal form.

To comply with the withdrawal deadline, it is sufficient to inform us about your exercise of the right to withdraw before expiry of the withdrawal deadline.

Consequences of withdrawal

If you withdraw from the contract, we are obliged to refund received payments immediately, latest within 14 days after receipt of your withdrawal declaration. Those refunds take place in the same way the original payment was carried out, unless other methods of payment are explicitly agreed. In no case fees for refund payments will be charged. We are entitled to withhold refund payments until we have received the products or your have provided a proof of dispatch the products, whatever occurs first.

You are obliged to return us the products immediately and latest within 14 days beginning with the day you have informed us about your wish to withdraw from the contract. The deadline is complied if you dispatch the products within 14 days.

You bear the costs for the return shipment.

You only have to compensate for possible loss of value if this loss of value results from unnecessary treatment of the product beyond testing the quality, properties or functionality of the product.

End of withdrawal instructions

General Information concerning return shipments

1. Please prevent damaging or soiling the product. Please return the product to us in the original packaging including all accessories and all packaging components, if possible. If necessary, use a protective cover. If you are not in possession of the original packaging, please ensure sufficient protection against transport damage by using a suitable packaging.

2. The costs of returns for articles with an order value up to 40,- € have to be paid by yourself. For order values above 40,- €, as well as for defective or unordered goods, we will send you a label, so that you can return the goods without charge. If you should chose another way of shipping and not use our label, the costs have to paid by yourself. Therefore, please refrain from sending us any not prepaid shipments.

3. General address for returns:

Stylemittel GmbH
Goethestraße 14
10625 Berlin 

Please note that the above mentioned paragraphs 1-3 are no preconditions for an effective execution of the right to withdrawal.

Withdrawal form

To the withdrawal form