|
§ 1 Scope of application
These General Terms and Conditions shall apply to any and all mutual claims arising from and in relation with an agreement made between you and Margarete Steiff GmbH, Richard-Steiff-Str. 4, 89537 Giengen/Brenz (hereinafter referred to as "Steiff") through the online order business. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions
§ 2 Ordering
1. You place your order request for goods from the Website by clicking on the confirm order button at the
end of the on-line order process. You will be guided through the process of placing and order by a series of simple instructions on the Website. Once you have placed your order, we will send to you and acknowledgement by e-mail. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and completion of the contract between you and us will take place when we have dispatched the goods ordererd by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
2. Steiff shall only enter into agreements with you if you have unlimited legal capacity, i.e. it is also a requirement that you are not a minor.
§ 3 Delivery/dispatch
1. Unless expressly otherwise agreed upon, delivery shall be made ex warehouse to the address indicated by you within the European Community and Switzerland.
2. Any information about delivery periods shall be non-binding; this shall also and particularly apply if an article is labelled "available from...". Indicated delivery periods shall only be binding if the delivery date has expressly been promised as binding by way of exception. Orders may be delivered in one or more deliveries.
3. If articles are ordered that are not available on the date of the purchase order (e.g. labelled "available from..." or "currently not available"), Steiff may withdraw from any agreement that has been made if the article is ultimately not manufactured anymore. Its withdrawal shall be deemed declared upon an according notification to you. In such event, you shall be released from your payment obligation as well as Steiff shall be released from its delivery obligation. Any further mutual damage claims shall be excluded.
4. If any disturbances of the business operations occur with Steiff or its suppliers that cannot be attributed to them, particularly events of force majeure which are due to an unforeseeable and uncaused event and lead to severe interruptions of operations and render the performance of the agreement impossible, Steiff shall be entitled to withdraw from the agreement. You shall then be released from your payment obligations, and Steiff shall be released from its delivery obligations. Steiff shall immediately refund any (down-)payments that have already been made. Any further mutual damage claims shall be excluded.
§ 4 Prices/payment
1. All prices indicated for items offered on the Website are inclusive of VAT at the current rates and are exclusive of delivery charges. Unless expressly otherwise agreed upon, the delivery charges amount to €4.95 within Germany, €6.90 for France, Austria and the UK and €21.- for Switzerland. The total cost of your order is the price of the products ordered plus the delivery charges as set out in the Delivery section of the Website. The delivery charge shall apply to parcels of up to 10 kilograms. Delivery charges for heavier shipments are available upon request. The delivery charges do not include any customs duties, which shall be borne by the customer.
From an order value of €100.- (€200.- for Switzerland), delivery will be made free of charge.
2. In Germany, the payment options available to you include advance payment, (instant) money transfer, payment by credit card (Visa, Mastercard) and, for existing customers, payment upon receipt of invoice. The payment options available to customers in Austria, Switzerland, France and the UK include advance payment or payment by credit card (Visa, Mastercard).
§ 5 Right of return
1. Upon receipt of the goods you must inspect them and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Procedure. You are entitled to return the goods received within two weeks. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected. If you wish to complain about any matter in respect of the goods please contact Customer Services at
Margarete Steiff GmbH
Richard-Steiff-Straße 4
89537 Giengen an der Brenz
Fax: 07322-131-266
E-mail: info@steiff.de
2. In the event of an effective return, anything that has mutually been received in performance of the agreement shall be returned and any benefits gained (e.g. from use) shall be surrendered. If the goods have deteriorated, compensation for lost value may be claimed.
This shall not apply if the deterioration of the goods is solely due to their examination, e.g. as it would have been possible at a shop. For the rest, you can avoid to become liable for compensation for lost value for a deterioration caused by using the item for other than the intended purposes by not using the goods as if they were your property and abstaining from everything that affects their value. Obligations to refund payments shall be fulfilled within 30 days. This period shall start upon dispatch of the goods or the request to take back for you and upon their/its receipt for Steiff.
3. The right of return does not apply if the ordered goods are made or modified according to your wishes, e.g. with personal bears, articles from the bear configurator, studio pets or customised embroideries.
§ 6 Warranty/liability
Any guarantee promises shall at any case expressly be confirmed by Steiff.
§ 7 Retention of title
The title to any and all items delivered shall remain with Steiff until any and all obligations under the agreement have completely been fulfilled. You shall not be entitled to resell the retained goods without the express consent of Steiff.
§ 8 Data protection
We shall hereby inform you that personal data as defined by the Federal Data Protection Act will be processed in the course of the business relationships or in relation with such. Subject to your objection, such data shall also be used in order to inform you about the products and services of Steiff. You shall hereby be informed that you may at any time object to such use of your data in writing (e.g. by letter, fax, e-mail). Further information can be seen from the declaration on data protection under www.steiff.com
§ 9 Final provisions
1. The legal relationships between you and Steiff shall exclusively be governed by the laws of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of private international law shall be excluded.
2. The place of jurisdiction and the place of performance shall be the domicile of Steiff if you are a businessperson or you place of residence is not within the Federal Republic of Germany. However, Steiff shall also be entitled to sue you at your general place of jurisdiction.
3. If any provisions are entirely or partially ineffective, this shall not affect the effectiveness of the remaining provisions.
4. Steiff may update and amend these General Terms and Conditions at any time. Any use shall only be subject to the General Terms and Conditions as amended.
© 2009 Margarete Steiff GmbH
Subject to change. September 2009.
|