General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Pascal Zimmer) via the website https://Stim-System.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description. 

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the ‘shopping basket’. You can access the ‘shopping basket’ via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the ‘Checkout’ or ‘Continue to order’ button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the ‘back’ function of your internet browser) or cancelling the order. 

By submitting the order via the corresponding button (‘order with obligation to pay’, ‘buy’ / ‘buy now’, ‘order with obligation to pay’, “pay” / ‘pay now’ or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract. 
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless another period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale, and we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:

- to culpably caused damage attributable to us resulting from injury to life, limb or health and to other damage caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law

(1) German law applies. In the case of consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favourability).

II. Customer information 

1. Identity of the seller

Pascal Zimmer
Witthausstr 24
45470 Muelheim an der Ruhr
Germany
Phone: +49 (0) 208 3881905
Email: info@stim-system.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of ‘Conclusion of the contract’ in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For enquiries outside the online shopping basket system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which shall be borne by you. 

6.4. Any costs incurred for money transfers (transfer or exchange rate fees charged by banks) shall be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.

6.5. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment. 

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability for defects 

Liability for defects is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I). 

These General Terms and Conditions and customer information were created by the Händlerbund's lawyers specialising in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 29 November 2023

Right of withdrawal for consumers 
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)

Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day 

- on which you or a third party named by you, who is not the carrier, took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered together;

- on which you or a third party designated by you, who is not the carrier, took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately;

- on the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, provided that you ordered goods that are delivered in several partial shipments or items;

To exercise your right of withdrawal, you must inform us (Pascal Zimmer, Witthausstr 24, 45470 Muelheim an der Ruhr,  telephone number: +49 (0) 208 / 3881905,   email address: info@stim-system.de.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this purpose, 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 expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

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

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period expires.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

Reasons for exclusion or expiry

The right of revocation does not apply to contracts

- for the delivery of goods that are not prefabricated and for the manufacture 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 delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on market fluctuations over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of 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;
- for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery;
- for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

Sample cancellation form

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

- To Pascal Zimmer, Witthausstr 24, 45470 Muelheim an der Ruhr, email address: info@bikebattery.de :

- I/we (*) hereby withdraw from 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 consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper notifications)
- Date

(*) Delete as applicable.