§ 1 General
a) Field of application
These General terms of transactions are valid for all the business relationships on www.shtox.com between Entrepreneurial society Shtox Production UG (Limited), Vatterstrasse 36, 60386 Frankfurt on the Main, represented by Mr. Evgeniy Bushkovskiy and Ms. Victoria Dick (hereinafter referred to as Shtox Production UG (Limited)) and their clients in wording that is current as of the time of conclusion of a contract. Contrary client’s General terms of transactions are herewith rejected.
b) Contract agreement
Contract language is German.
c) Contract conclusion in online shop
Presentation of an assortment in the internet shop of Shtox Production UG (Limited) is without engagement. When ordering goods in the internet shop, an acquisition process occurs, that includes four steps. On the first step the client chooses required goods. On the second step, the client gives his data, including invoice address and, if required, a different delivery address. On the third step, he chooses a method of payment. On the fourth step the client has a possibility to check again all the data (for example name, address, method of payment, ordered goods) and, if necessary, to correct mistakes before confirming the order by click on "Buy" button. By the order the client declares obligatory his offer of a contract. Shtox Production UG (Limited) confirms immediately the entry of client’s order. Confirmation of order entry doesn’t mean its obligatory receipt. Shtox Production UG (Limited) has a right to acknowledge an obligatory offer of a contract in the order within two days after order entry via e-mail, fax, phone, post or by delivery of a good. After acknowledgement of obligatoriness a contract is concluded between Shtox Production UG (Limited) and client.
d) Contract conclusion for individual offer
Shtox Production UG (Limited) works also with individual client offers. A client offer can be placed via a special online form, phone, and e-mail. So the contract can be concluded verbally and in written and have an individually agreed contents.
e) Saving of the contract text
The text of the contract is saved by Shtox Production UG (Limited) and sent to the client after sending his order together with these General terms of transactions and client’s information in a text form (i.e. via e-mail, fax or post). At that, the client cannot see the contract text on the vendor’s internet page after sending the order. The client can print an original page with contract text using print function in browser.
§ 2 Delivery
a) Partial delivery
Shtox Production UG (Limited) has a right to perform delivery partially, if it is acceptable for the client. In case of a partial delivery, the client has no additional transportation expenses.
b) Delays of delivery and services
Delays of delivery and services caused by force majeure circumstances, as well as extreme and unpredictable events that cannot be prevented by all the efforts of Shtox Production UG (Limited) (to such events refer in particular strikes, departmental or court decrees and cases of a wrong or inappropriate delivery by our suppliers, in spite of covering transactions), shall not be compensated by Shtox Production UG (Limited). It gives a right to Shtox Production UG (Limited) to prolong the delivery term for a time of duration of a hindering circumstance.
If it is impossible to fulfill the obligations due to above mentioned causes, Shtox Production UG (Limited) can dissolve the contract. Shtox Production UG (Limited) shall instruct immediately the client that it is impossible to fulfill the obligations and compensate without delay possible provided return services.
d) Delivery exceptions
Delivery is not performed to the POB addresses.
e) Acceptance delay
If the client delays acceptance of ordered goods, Shtox Production UG (Limited) upon the expiration of a reasonable additional term has a right to dissolve the contract and demand recovery of damages due to delay or default on obligations. In case of acceptance delay the client bears the risks of an accidental loss or damage of the good. It is not applicable if the customer exercises his legal recall right by non-acceptance of a good.
§ 3 Payment
a) Prices and shipping costs
All the prices are to be calculated taking into account the VAT rate that is valid as of the time of shipping and, additionally, packing and shipping costs, if there is no arrangement about pickup by a customer from the place of residence of Shtox Production UG (Limited) in Frankfurt on the Main. In case of remote distribution the price is to be calculated taking into account separately estimated shipping costs.
b) Payment delay
Payment delay by the client occurs if the payment doesn’t arrive in an account of Shtox Production UG (Limited) within two weeks after receiving the invoice. In case of payment delay fines are levied in an amount of 5% over European Central Bank discount rate or 8% over European Central Bank discount rate for legal transactions to which the consumer is not a party. If the client delays his payments, Shtox Production UG (Limited) reserves the right to include fines in an amount of 2,50 Euro into the invoice. A right of additional damage recovery demand is preserved. The client has a possibility to prove that no damage was suffered by Shtox Production UG (Limited) or it was less than the stated one.
c) Lien right
The client can exercise the lien right only in case of such counterclaims that are subject to execution and are based on the same legal relationship that client’s responsibilities.
§ 4 Costs in case of recall
If you make use of your right of recall, you shall bear normal costs of return shipping, if the delivered good complies with ordered one and if the price of the object to be returned doesn’t exceed the amount of 40 Euro, or if in case of a higher price of the thing at the moment of recall you have not yet provided a return service or have not performed a partial payment in compliance with the contract. In other cases no costs are caused by recall.
§ 5 Recall notification for consumers in case of conclusion of remote distribution contracts
Right of recall
You can recall your declaration of contract conclusion within 14 days at your own discretion in a text form (i.e. via mail, fax, e-mail) or, if the thing was given to you before expiration of this term, by return of the thing. The term begins after receiving this notification in written form, but not before the good is delivered to the receiver (in case of repeated deliveries of similar goods, not before the first delivery arrives), and not before performance of our information responsibilities according to 246 § 2 and § 1 items 1 and 2 of the Introductory act to Civil code of the Federal Republic of Germany, as well as of our responsibilities according to § 312g item 1 article 1 of the CC and item 246 § 3 of the Introductory act to Civil code. To observe the term, a timely sent recall or thing is sufficient. Send the recall to the address:
Fax: +49 (0) 6103 988 1091
Consequences of the recall
In case of a valid recall the services obtained by both parties shall be paid and possible benefits (i.e. penalties) shall be returned. If you cannot perform payment of received services and return benefits (i.e. benefits of use), or if you can pay or return it only partially or in impaired condition, you shall perform the replacement of value. You shall perform the replacement of value for impaired condition of a thing or received benefits only in case if benefits and condition impairment are caused by treatment of the thing that does not comply with test of characteristics or operation principle. Under "test of characteristics or operation principle" a testing and try-out of the good is understood as it is possible and usual in a shop. Things that are suitable for parcel shipping are returned at our risk. You shall bear normal costs of return shipping, if the delivered good complies with ordered one and if the price of the object to be returned doesn’t exceed the amount of 40 Euro, or if in case of a higher price of the thing at the moment of recall you have not yet provided a return service or have not performed a partial payment in compliance with the contract. In other cases no costs are caused by recall. Things that are not suitable for parcel shipping are taken by you. The responsibilities of payment compensation shall be fulfilled within 30 days. The term for you begins from mailing of your recall notification or of the thing, and for us from its receipt.
Exception of the recall right
The right of recall is not applicable in case of remote distribution contracts for supply of goods that are custom-manufactured, are explicitly adapted for personal demands, due to their properties are inappropriate for return, can spoil fast or have an expired date of consumption.
§ 6 Reservation of right of ownership
If the client is an enterpriser, the goods supplied remain the property of Shtox Production UG (Limited) until all current and future transaction responsibilities are fulfilled. If the client is a consumer, the goods supplied remain the property of Shtox Production UG (Limited) only before full payment of the purchase price. The client shall always handle with care the good that is subject to the reservation of right of ownership. The client satisfies claims or compensations for damage, destruction or loss of the supplied goods for Shtox Production UG (Limited). In case of client’s actions conflicting with the contract, in particular in case of payment delay, Shtox Production UG (Limited) has a right to take the object of purchase. At that, in case of return of the purchase object the contract is dissolved.
§ 7 Warranties
a) Warranty claims
A warranty claim can be raised only in regard to characteristics of goods, and supposed deviations of aesthetic characteristics of it don’t give a right to raise a warranty claim.
b) Transfer of risk
The risk of accidental loss or damage of goods sold are transferred to the client only with transfer of the goods.
If the client has noticed that the package has arrived in a damaged condition or a defect was detected after accepting the goods, Shtox Production UG (Limited) asks the client to notify about it. But there is no responsibility of such notification, and absence of the notification doesn’t affect consumer’s warranty rights.
d) Defect elimination
If goods have defects, the client can demand to eliminate them by improvement or additional shipping. If defects remain after two attempts of elimination, the client has a right of claim of contract dissolution or price reduction.
e) Rights in case of minor defects
If the client has detected a minor defect, except for the right of contract dissolution there is only right of a corresponding purchase price reduction.
f) Recovery of damages in case of defects
No warranties are given for damage connected with inappropriate handle and use of goods. Shtox Production UG (Limited) recovers damage for defects of goods only in case of an intent or grievous dereliction of duty. This exception is inapplicable in case of responsibility for damage in case of infliction of harm to life, health and in case of bodily injuries. Provisions of the Law of products liability are not affected by responsibility exception.
g) Warranties for enterprisers
In regard to enterprisers, as contrasted with legislative warranty regulations, the following rules are applied: In case of a defect Shtox Production UG (Limited) eliminates it by improvement or additional shipping, on its discretion. At that, the risk of accidental loss or damage of a thing is transferred already with its transfer to a person who is appointed to perform the transportation. Warranty claims lapse within one year after risk transfer determined in such a manner.
h) Obligation of enterprisers to raise claims
The enterprisers shall notify immediately about explicit defects; otherwise the exercise of right of warranty claims is excluded. To observe the terms, a timely mailing is sufficient. The enterpriser bears all the burden of proof of all claim conditions, especially of the defect itself, of time of defect detection and opportuneness of notification.
§ 8 Liability
a) Exclusion of liability
Shtox Production UG (Limited) and its legal representatives and agents, according to provision hereinafter contained, bear liability only for intent or grievous dereliction of duty. In case of minor carelessness, the liability refers only to violation of essential contract liabilities, i.e. such liabilities which observation plays a special role for achievement of contract purpose. At that, the liability is limited to predictable, typical for contract and immediate average losses. For clients that are not consumers, Shtox Production UG (Limited) bears liability in case of a gross violation of inessential contract liabilities due to negligence only on a scale of predictable, typical for contract and immediate average losses.
b) Exclusion of liability
This exclusion of liability is inapplicable in case of responsibility for damage in case of infliction of harm to life, health and in case of bodily injuries. Provisions of the Law of products liability are not affected by responsibility exception.
§ 9 Final provisions
a) Place of jurisdiction
An exclusive place of jurisdiction for all the legal disputes on this contract is the place of residence of Shtox Production UG (Limited) Company in Frankfurt on the Main, if the client is a merchant, a public entity or a special public object and has no place of jurisdiction in the Federal Republic of Germany.
b) Applicable law
If there are no contradictory compulsory legislative regulations in the law of client’s land, a use of German legislation is stipulated, except for UN law on purchase and sale processes.
c) Salvatorian clause
Invalidity of separate provisions does not affect validity of the remaining provisions of General terms of transactions.