Conditions

Terms and Conditions for Consumers

General Terms and Conditions (GTC) of Stimio GmbH

1. Scope

We process your order in accordance with our General Terms and Conditions valid at the time of your order. Our current version of the General Terms and Conditions is available on our website www.stimio.com under the "General 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 your order, apply to all business relationships between Stimio GmbH and its customers regarding the goods and services offered by the seller in its online shop.

2. Conclusion of contract

You can order from us by phone or via our website. For orders placed by phone without specifying a payment method, we reserve the right to ship the goods cash on delivery (see below).

Our offers on our website are subject to change and non-binding. You can select products from our range in the desired quantity and collect them in a so-called shopping cart by clicking the "Add to cart" button. You can change and view the data at any time before submitting your order. By clicking the "Order with payment" button, you submit a binding offer to conclude a purchase contract for the purchase of the product in question. Immediately after receiving an offer, we will send you a confirmation of receipt of the offer; this does not constitute acceptance. We are then entitled to accept your offer within 14 calendar days by sending you an order confirmation (by post or email) or by sending you the ordered goods. Your order is only considered accepted when we have accepted it by order confirmation or you have received the goods. We are not obligated to accept an offer. If we do not accept your offer within 14 calendar days, the offer is deemed rejected. No purchase contract will be concluded for products not listed in the order confirmation.
A password required for placing an order may not be passed on to third parties. If you do pass it on, you are also responsible for the third party's orders. You are responsible for any orders placed with your password and any resulting claims.
Our offering is aimed at end consumers. Therefore, we only accept orders in household quantities.

3. Delivery

We ship goods marked as "immediately available" by standard delivery no later than the 5th working day (the day on which the goods are handed over by us to the shipping company) after

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

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

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

If, in exceptional circumstances, an item is not available or cannot be delivered as quickly as possible, we will notify you of the delivery date as soon as possible, or alternatively, that delivery cannot be made. We reserve the right to make partial deliveries if this is deemed advantageous for a quicker processing and is reasonable for you. Should a partial delivery be necessary, 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 can predominantly be attributed neither to their commercial nor to their independent professional activity:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you

• 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 are or are delivered as a single item 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 item if you have ordered goods that are delivered in several partial shipments or items.

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

To exercise your right of withdrawal, you must
Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany
Telephone number: +49 7031 4101999
Email: support@stimio.com

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

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of the cancellation policy

--

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it)

To: Stimio GmbH, Nikolaus-Lenau-Plazu 24-25, Germany, 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 if notification is made on paper)
Date
_____________________________
(*) Delete as appropriate.



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

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

• for the supply of goods which 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;
• for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

• for the supply 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 illustrated magazines with the exception of subscription contracts.

Premature expiry of the right of withdrawal

The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312 g Paragraph 2 No. 3 BGB (new version));

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

• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.


5. Prices

All prices quoted are in euros and include VAT. Postage and shipping costs are added as shown below in Section 6. The prices listed in the offer at the time of the order apply.

6. Shipping costs

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

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

7. Terms of payment

We generally accept payment by invoice (exclusively for existing customers), PayPal, instant bank transfer, credit card, advance payment or cash on delivery if your place of residence is within Germany.
However, we reserve the right to refuse certain payment methods for each order and to refer you to other payment methods. If you reside outside of Germany, payment is only possible by credit card, PayPal (information on countries where PayPal payments are available can be found at www.paypal.de), Sofortüberweisung (information on countries where Sofortüberweisung is available can be found at www.payment-network.de), or advance payment.

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

b) Paypal
PayPal is an online payment service provided by PayPal (Europe) S.à rl & Cie, SCA, which offers a real-time payment solution. To use PayPal, you need a PayPal account where you can store your bank or credit card details so you don't have to enter them again for each purchase. With PayPal, you can then pay simply by entering your email address and password. Your PayPal account will be charged directly with the corresponding amount, and you will receive an order confirmation via email. As soon as the goods are packaged, you will receive a shipping confirmation that lists the shipped items. For more information, see www.paypal.de.

c) Payment by credit card
We accept VISA and EURO/MASTERCARD credit cards. Please provide us with the card number, the card security number (CSN)*, and the card's expiration date. The invoice amount will be charged to your card account upon receipt. *For VISA and EURO/MASTERCARD credit cards, you can find the CSN on the back of the card. It consists of a three-digit code and follows the 16-digit card number.

d) Payment in advance
After you place your order, we'll send you an email with our bank details and your personal payment reference. Please only complete the transfer after you receive our email. Your order will be shipped once the full purchase price, including VAT and shipping costs, has been credited to our account.

e) Payment by cash on delivery
Payment is made directly to the courier upon delivery of the goods. For deliveries within the Federal Republic of Germany, no additional charges will be charged in addition to the shipping costs listed in Section 6.

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

g) Processing costs for returned direct debits

In the event of insufficient funds in your account, we incur so-called "return debit fees." For each returned direct debit, we incur a fee of EUR 5.00. This amount must be paid to us by the customer as a lump sum.

h) Klarna's payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the date of shipment. You can find the invoice terms 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 €6.95) or under the terms otherwise specified during checkout. Installment payments are due at the end of each month after Klarna sends you 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.

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

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


8. Warranty

The warranty is governed by statutory provisions. All products offered are shipped within the minimum shelf life. In the event of a complaint, please provide proof of purchase by means of an invoice and send the defective item along with a copy of the invoice to:

Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
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 note the instructions found 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 inserts and instructions for use should be followed.
Food supplements are not a substitute for a varied and balanced diet and a healthy lifestyle.
We participate in a dual system for the sales packaging placed on the market by our company in Germany.

10. Retention of title; offsetting; right of retention

a) We reserve title to the purchased item until the invoice amount has been paid in full.
b) You only have the right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, 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 privacy policy here: https://stimio.com/Informationen/Datenschutz/


12. Disclaimer

12.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.
12.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
12.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
12.4. The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
12.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

13. Claims for defects
The product images may not always correspond to the actual appearance of the delivered products. In particular, changes in the appearance and features of the products may occur following product line updates by manufacturers. Claims for defects are not valid if the changes are insignificant and reasonable for the customer.

14. Applicable law

All disputes arising from or in connection with this agreement shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
 
In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the beneficiary (contracts with consumers), this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the state in which the consumer has his habitual residence.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, Nuremberg is agreed as the exclusive place of jurisdiction.
 
15. Alternative dispute resolution
EU Commission platform for online dispute resolution: https://www.ec.europa.eu/consumers/odr
We will 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
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany

Bank details:
Recipient's name: Stimio GmbH
IBAN: DE02600400710210480000
BIC: COBADEFFXXX
Bank name: Commerzbank

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