Terms of Service
Represented by managing director:
- 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 Payments", 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) 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 Purchase on account and by SEPA direct debit scheme
(1) We offer the payment types "purchase on account" and SEPA direct debit scheme for our customers. For this purpose, an assignment of claim is made to the net-m privatbank 1891 AG (hereinafter "Bank").
(2) The payment options are only available to consumers from 18 years old. With this service, you can purchase goods and will only need to pay after actually receiving the goods and the invoice.
(3) The goods purchase contract shall only be formed between you and us. The performance of the purchase contract is also subject to the agreements you reach with us. In particular, we remain responsible for general customer enquiries (e.g. on goods, delivery times, shipping), returns, complaints, warranty claims, any withdrawals from contract and for credit notes. When you choose to pay on account or SEPA direct debit scheme, these terms and conditions shall apply in addition to the agreements and the GTCs you agree with us within the scope of the purchase contract.
(4) For the completion, we shall assign our claim against you for the payment of the purchase price to the Bank. You are hereby informed of this assignment of claim. In order to constitute full discharge of debts, all payments must be made to the Bank to the account indicated to you for this purpose. Goods shall remain the property of the Bank until full payment has been made.
(5) payolution GmbH (www.payolution.com) is acting as the technical service provider and the service provider to verify your creditworthiness for a purchase on account or a purchase by installments.
Termination and advance repayment
(6) Early termination of an agreement made on payment by installments is possible by way of advance repayment: You have the right to repay the entire loan amount or part thereof before expiry of the stipulated time at any time. For advance repayments, the interest payable shall be reduced in accordance with the reduced outstanding amount and in accordance with the reduced contract term. Term charges shall be reduced accordingly.
Warning: consequences of outstanding payments
(7) For delayed payments, interest on arrears to the amount agreed and costs for appropriate warnings shall be payable. In the event of an unsuccessful internal dunning process, the Bank may transfer the outstanding claim to a debt collection agency for collection. In this case, you may be charged legal costs by debt collection agencies and if necessary for legal representation.
(8) Should a provision of these GTCs be invalid, this shall not affect the validity of the other provisions of these GTCs.
§ 5 Reservation of Title
The delivered products remain our property until complete payment.
§ 6 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.
§ 7 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.
§ 8 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.
§ 9 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.
§ 10 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.
§ 11 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.
§ 12 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.
§ 13 Final Regulation
If a single provision of the contract is invalid or unenforceable, the remaining provisions of this contract remain effective.
Withdrawal instructions and withdrawal form
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, webshop, 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. @ ridersonthestorm.com
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 all received payments immediately, latest within 14 days after receipt of your withdrawal declaration, including shipping costs (additional costs for self-chosen delivery methods, others than our suggested standard method, are excluded). 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. Please do not return the products freight forward. We will refund the costs of return shipment if requested, unless those cost are to be paid by you.
Please note that the above mentioned paragraphs 1-2 are no preconditions for an effective execution of the right to withdrawal.