Conditions

Terms and conditions for consumers

General Terms and Conditions (GTC) of Stimio GmbH

1. Scope

We will carry out your order in accordance with our General Terms and Conditions valid at the time of the order. Our General Terms and Conditions in their current version are available on our website www.stimio.com under the “Terms and Conditions” section and via a direct link at the bottom of each individual page. These General Terms and Conditions in the version valid at the time of the order apply to all business relationships between Stimio GmbH and its customers with regard to the goods and services offered by the seller in his web shop.

2. Conclusion of contract

You can order from us by phone or via our homepage (internet). For telephone orders without specifying the method of payment, we reserve the right to send the goods cash on delivery (see below).

Our offers on our homepage (Internet) are subject to change and non-binding. You can select the desired quantity of products from our range and collect them in a so-called shopping cart using the “add to cart” button. You can change and view the data at any time before submitting the order. Using the “order with payment” button, you make a binding offer to conclude a purchase contract to purchase the product in question. Immediately after receiving an offer, we will send you a confirmation of receipt of the offer, which does not constitute acceptance. We are then entitled to accept your offer within 14 calendar days by sending an order confirmation (by post or email) or by sending the ordered goods to you. Your order is only considered accepted once we have accepted it via order confirmation or you have received the goods. We are not obliged to accept an offer. If we do not accept your offer within 14 calendar days, the offer is considered rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
A password required for ordering may not be passed on to third parties. In the event of a transfer, you are also responsible for orders from the third party. You are responsible for any orders with your password and any resulting claims.
Our offer is aimed at end consumers. Therefore, only orders in normal household quantities are accepted.

3. Delivery

We will send goods labeled as “available for immediate delivery” via standard shipping no later than the 5th working day (the day on which we hand over the goods to the shipping company is decisive).

a) the day of receipt of the full purchase price including sales tax and shipping costs if delivery against advance payment has been agreed, or

b) the day the purchase contract is concluded if payment by cash on delivery, invoice or credit card is agreed.

We generally assume that delivery of the goods to addresses within the Federal Republic of Germany will take approx. 1 to 3 working days.

If, in exceptional cases, an item cannot be delivered or cannot be delivered as quickly, we will inform you as soon as possible of the delivery date or, alternatively, that delivery cannot take place. We reserve the right to make a partial delivery if this appears to be advantageous for quick processing and is reasonable for you. If there is a partial delivery, we will of course cover the additional shipping costs. This will not incur any additional costs for you.
If we are unable to deliver the goods you have ordered through no fault of our own, we expressly reserve the right to withdraw from the contract.

4. Cancellation policy

Start of the cancellation policy

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier

• has or have taken possession of the goods if you have ordered one or more goods as part of a single order and the goods or goods are or are being delivered as one or

• has taken possession of the last goods if you have ordered several goods as part of a single order and the goods are delivered separately or

• has taken possession of the last partial shipment or the last piece if you have ordered goods that are delivered in several partial shipments or pieces.

If several of the above variants are present, the cancellation period only begins when you or a third party named by you who is not the carrier has taken possession of the last goods or the last partial shipment or the last item.

In order to exercise the right of withdrawal, you must contact us
Stimio GmbH
Mollenbachstrasse 13
71229 Leonberg
Germany
Telephone number: +49 7152 3515758
Email: support@stimio.com

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the sample cancellation form below, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

End of revocation

--

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back)

To: Stimio GmbH, Mollenbachstraße 13, 71229 Leonberg, Germany, Telephone: +49 7152 3515758, Email: support@stimio.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification)
Date
_____________________________
(*) Delete what is not applicable.



We ask you to use the enclosed return forms and the original box for the return and to fill out the return receipt completely, although this is not a prerequisite for the effective declaration of the revocation.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

• to supply goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• to supply goods that can spoil quickly or whose expiry date would quickly be exceeded;

• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

• for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

Early expiry of the right of withdrawal

The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312 g para. 2 no. 3 BGB (n. version));

• for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;

• to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.


5. Prices

All prices stated are euro amounts and include VAT. Postage and shipping costs are added in accordance with the following list under point 6. The prices listed in the offer at the time of the order apply.

6. Shipping costs

Here you can find all information about shipping costs for deliveries within the Federal Republic of Germany:

The shipping costs are generally EUR 4.90. These generally apply to every delivery!
In particular, the shipping costs for cash on delivery are EUR 10.95.

7. Payment Terms

In principle, we accept payment by invoice (exclusively for existing customers), Paypal, instant transfer, credit card, advance payment or cash on delivery if your place of residence is within Germany.
However, for each order we reserve the right not to offer certain means of payment and to refer to other means of payment. If you live outside of Germany, payment is only possible by credit card, Paypal (information about the countries in which payment via Paypal is possible can be found at www.paypal.de.), Sofortüberweisung (information about the countries in which Immediate transfer is possible, you can find it at www.payment-network.de) or advance payment is possible.

a) Payment by invoice, installment payment and SEPA direct debit
Additional general terms and conditions (GTC) for purchases on account or installment payments or SEPA basic direct debit from Stimio GmbH can be found at the following link: https://payment.payolution.com/payolution-payment/infoport/termsandconditions?territory=DE&mId=QmVzdEVmZmVjdCBHbWJI

b) Paypal
Paypal is an online payment service from PayPal (Europe) S.à rl & Cie, SCA, which offers a real-time payment solution. In order to use Paypal, you need a Paypal account where you can store your bank or credit card details so that you don't have to enter them every time you make a purchase. You can then easily pay with Paypal by entering your email address and password. Your Paypal account will be debited directly with the corresponding amount and you will receive an order confirmation by email. As soon as the goods are packed, you will receive a shipping confirmation in which the items sent are listed again. For further information see www.paypal.de.

c) Payment by credit card
We accept VISA and EURO-/MASTERCARD credit cards. Tell us the card number, the card verification number (KPN)* and the validity date of the card. When you invoice, your card account will be debited with the invoice amount. *You can find the card verification number (KPN) on the back of the credit card for VISA and EURO-/MASTERCARD. It consists of a three-digit numerical code and follows the 16-digit card number.

d) Payment in advance
After you place your order, we will send you an email with our bank details and your personal purpose. Please only make the transfer after you have received our email. After the full purchase price including VAT and shipping costs has been received in our account, your order will be shipped.

e) Payment by cash on delivery
Payment is made directly to the deliverer when the goods are delivered. For deliveries within the Federal Republic of Germany, there are no additional fees in addition to the shipping costs shown in section 6.

f) Default
If you fall behind on your payments, we reserve the right to charge you the statutory default interest.

g) Processing costs for return direct debits

In the event of insufficient funds in the account, we incur so-called “chargeback costs”. We incur costs of EUR 5.00 for each return debit. This amount must be paid to us by the customer as a lump sum for damages.

h) Klarnas payment options
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Invoice: The payment period is 14 days from dispatch of the goods. You can find the billing conditions here.
Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.

Immediate transfer: Your account will be debited immediately after you place your order.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. Further information and Klarna's user conditions can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.


8. Warranty

The warranty is based on the legal provisions. All products offered are shipped within the minimum shelf life. In the event of complaints, we ask that you provide proof of the purchase date by means of an invoice and send the complained item along with a copy of the invoice to:

Stimio GmbH
Mollenbachstrasse 13
71229 Leonberg
Germany
Email: support@stimio.com

However, compliance with these formalities is not a prerequisite for the existence of any warranty claims.

9. Care/Use

Please pay attention to the instructions that you will find on the labels of the items/products or in the operating instructions.
 
Medicines should be stored carefully and out of the reach of children. Package leaflets and application instructions must be observed.
Dietary supplements are not a substitute for a varied and balanced diet or a healthy lifestyle.
We include the sales packaging placed on the market by our company in Germany in a dual system.

10. Retention of title; On Bill; Right of retention

a) We reserve ownership of the purchased item until the invoice amount has been paid in full.
b) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.


11. Data protection / personal data
You can find our data protection declaration here: https://stimio.com/Informationen/Datenschutz/


12. Disclaimer

12.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
12.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
12.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
12.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
12.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

13. Claims for defects
The product images do not always have to match the appearance of the products delivered. In particular, after manufacturers renew their product ranges, there may be changes in the appearance and features of the products. There are no claims for defects if the changes are insignificant and reasonable for the customer.

14. Applicable Law

German law applies to all disputes arising from or due to this agreement, excluding the UN Convention on Contracts for the International Sale of Goods.
 
In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the person entitled (contract with consumers), this choice of law only applies to the extent that it does not compromise the protection granted by mandatory provisions of the state in which the consumer has his habitual residence , is withdrawn.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Nuremberg.
 
15. Alternative Dispute Resolution
EU Commission platform for online dispute resolution: https://www.ec.europa.eu/consumers/odr
We endeavor to resolve any disagreements arising from our contract amicably.
Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer participation in such a procedure.
 
16. Provider Information
Stimio GmbH
71229 Leonberg
Mollenbachstrasse 13,
Germany

Bank details:
Name of the recipient: Stimio GmbH
IBAN: DE02600400710210480000
BIC: COBADEFFXXX
Bank name: Commerzbank

Logistics center:
Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany