GTC Online shop

Contractual conditions within the framework of purchase contracts concluded via the platform https://kontakt.stade-tourismus.de/souvenirartikel/#/Souvenir-Shop

between

STADE Marketing und Tourismus GmbH, Hansestraße 16, 21682 Stade,
Telephone: 04141 77698-0
registered in the commercial register of the local court of Tostedt under HRB 100476,
represented by the managing director Dr Andreas Schäfer
VAT ID No.: DE295878950,

and the customer named in point 1.

1 Scope of application, definitions
1.1 The business relationship between the webshop provider, STADE Marketing und Tourismus GmbH, and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognised unless STADE Marketing und Tourismus GmbH expressly agrees to their validity in writing.

1.2 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity.

1.3 An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

2 Completion of contract
2.1 The customer can select products from the STADE Marketing und Tourismus GmbH range, in particular various souvenirs of the Hanseatic City of Stade, and collect them in a so-called shopping basket using the “add to basket” button. The customer has the option of continuing the order process and paying for the selected items after entering their shipping details and an e-mail address for the order confirmation and selecting the payment method. The customer submits a binding request to purchase the goods in the shopping basket by clicking on the “Book with costs” button. Before submitting the order, the customer can change and view the data and goods at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button “I accept the GTC and have taken note of the data protection declaration” and thereby included them in his application.

2.2 STADE Marketing und Tourismus GmbH shall then send the customer an automatic order confirmation/invoice by e-mail, in which the customer’s order is listed again and which the customer can print out and save permanently on his hard drive. The contract is concluded when the order confirmation is sent. In this e-mail, but at the latest upon delivery of the goods, STADE Marketing und Tourismus GmbH shall send the text of the contract (consisting of the order, GTC and order confirmation) to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection regulations.

2.3 The contract shall be concluded in German.

3 Delivery, availability of goods
3.1 Delivery times stated by STADE Marketing und Tourismus GmbH are calculated from the time of order confirmation, subject to prior payment of the purchase price. Unless a different delivery time is specified for the respective goods in the online shop of STADE Marketing und Tourismus GmbH, it shall be 3 to 5 working days.

3.2 If no copies of the product selected by the customer are available at the time of the customer’s order, STADE Marketing und Tourismus GmbH shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.

3.3 If the product specified by the customer in the order is only temporarily unavailable, STADE Marketing und Tourismus GmbH shall also inform the customer of this immediately in the order confirmation.

3.4 STADE Marketing und Tourismus GmbH only delivers to delivery addresses within Germany, Austria and Switzerland.

4. Reservation of title
The delivered goods remain the property of STADE Marketing und Tourismus GmbH until full payment has been received.

5 Prices and shipping costs
5.1 All prices stated on the website of STADE Marketing und Tourismus GmbH include the applicable statutory value added tax.

5.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation.

5.3 The goods shall be dispatched by post. STADE Marketing und Tourismus GmbH shall bear the shipping risk if the customer is a consumer.

5.4 In the event of cancellation, the customer shall bear the direct costs of the return shipment.

6. Payment modalities
The customer can pay by credit card or direct debit.
Payment of the purchase price is due immediately upon conclusion of the contract.
If the due date of payment is determined according to the calendar, the customer shall be in default by missing the deadline. In this case, the customer shall pay STADE Marketing und Tourismus GmbH default interest of 5 percentage points above the base interest rate for the year. The customer’s obligation to pay default interest shall not preclude the provider from claiming further damages caused by default.

7 Warranty for material defects, guarantee
STADE Marketing und Tourismus GmbH shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB (GERMAN CIVIL CODE). The warranty period for items delivered by the Supplier to entrepreneurs is 12 months.
An additional warranty shall only apply to goods delivered by STADE Marketing und Tourismus GmbH if this was expressly stated in the order confirmation for the respective item.

8 Liability
8.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by STADE Marketing und Tourismus GmbH, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

8.2 In the event of a breach of essential contractual obligations, STADE Marketing und Tourismus GmbH shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.

8.3 The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of STADE Marketing und Tourismus GmbH if claims are asserted directly against them.

8.4 The limitations of liability resulting from paragraphs 1 and 2 shall not apply if STADE Marketing und Tourismus GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if STADE Marketing und Tourismus GmbH and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

9. Data protection
9.1 All personal data provided to STADE Marketing und Tourismus GmbH shall be protected against misuse in accordance with the statutory provisions. The personal data provided to STADE Marketing und Tourismus GmbH by the customer is collected, stored and processed electronically, including by automated means. Personal data is data that can be used to determine the identity of the customer, such as name, address, date of birth, telephone number, e-mail or IP address.

9.2 STADE Marketing und Tourismus GmbH only collects and records personal data if it is related to the booking and is necessary to ensure the smooth processing and payment of the booking. The collection and processing of the data transmitted by the customer takes place in compliance with the General Data Protection Regulation (GDPR).

9.3 STADE Marketing und Tourismus GmbH shall only use customer data for purposes for which the customer has authorised it. STADE Marketing und Tourismus GmbH shall use the customer’s personal data exclusively for processing the order placed by the customer and for any complaints.

9.4 STADE Marketing und Tourismus GmbH shall not pass on customer data to third parties. Exceptions to this are service providers that STADE Marketing und Tourismus GmbH must use to fulfil its order, in particular postal and parcel delivery services and service providers for processing payments (DATATRANS). The service providers of STADE Marketing und Tourismus GmbH are obliged to use the customer data only in such a way that they can fulfil the service to the customer and to treat the data responsibly and in accordance with German data protection regulations, not to use the data for any other purpose and not to pass it on to third parties under any circumstances.

9.5 Upon request, the customer can obtain information free of charge about the data stored about him and, if necessary, assert his right to correction, deletion, blocking, complaint, transferability, as well as to objection and information about the duration of the storage of the data. If a deletion request is made, it must be noted that this may conflict with legal regulations or billing/accounting purposes. The request should be sent to: info@stade-tourismus.de A complaint can be lodged with the competent data protection authority of the state of Lower Saxony. STADE Marketing und Tourismus GmbH refers to its data protection information at https://stade-tourismus.de/m/de/data_protection.html.

10 Cancellation policy
10.1 In principle, customers have a statutory right of cancellation when concluding a distance selling transaction, about which STADE Marketing und Tourismus GmbH provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (STADE Marketing und Tourismus GmbH, Hansestraße 16, 21682 Stade, E-Mail: info@stade-tourismus.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
10.2 The right of cancellation does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
10.3 STADE Marketing und Tourismus GmbH provides the following information on the sample cancellation form in accordance with the statutory provisions:

Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
– To
STADE Marketing and Tourismus GmbH
Hansestraße 16
21682 Stade
Telephone: 04141 77698-0
E-mail: info@stade-tourismus.de

– I/we (*) hereby cancel the contract concluded by me/us (*)
for the purchase of the following goods (*)/ the provision of the following service (*)
service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Delete as appropriate

11. Final provisions
11.1 Contracts between STADE Marketing und Tourismus GmbH and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, shall remain unaffected.

11.2 If the Customer 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 Customer and STADE Marketing und Tourismus GmbH shall be the registered office of the Provider.

11.3 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.

Translated from German by DeepL