Terms and Conditions for Business Customers
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 General Provisions
(1) The following Terms and Conditions apply to contracts you enter into with us as the provider (STV Electronic GmbH) via the website www.stv-electronic.de, unless the parties agree otherwise in writing. Any deviating or conflicting terms and conditions are effective only with our express consent.
(2) We offer our products for sale only to natural persons, legal entities, or partnerships with legal capacity that, at the time of entering into the legal transaction, are acting in the course of their commercial or self-employed professional activities (businesses). We do not enter into contracts with consumers.
(1) The subject matter of this contract is the sale of goods and/or the provision of repair services. The essential characteristics of the goods and/or repair services are set forth in the respective offer.
(2) The product descriptions contained in the online store do not constitute binding offers on the part of STV Electronic GmbH, but rather serve to enable the customer to submit a binding offer in accordance with the terms and conditions set forth in our General Terms and Conditions.
(3) The offer is made through the online shopping cart system as follows: The goods and/or repair services intended for purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” by clicking the corresponding button in the navigation bar and make changes there at any time. After proceeding to the “Checkout” page and entering your personal information and payment details, the order details will be displayed as an order summary.
If you choose an instant payment system (e.g., PayPal, Sofortüberweisung) as your payment method, you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your information there. Finally, your order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online store.
Before submitting your order, you have the option to review the details in the order summary, make changes (including by using your web browser’s “Back” button), or cancel the order. By submitting your order using the corresponding button, you are making a legally binding offer, which STV Electronic may accept within 5 days by
- we send the customer a written order confirmation or an order confirmation in text form, in which case the customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, with the customer’s receipt of the goods being the determining factor.
The period for accepting the offer begins on the business day following the customer’s submission of the offer and ends at the close of the fifth day following the submission of the offer.
(4) You may also submit a binding offer to enter into a contract (order) by phone, email, fax, or mail.
Acceptance of the offer (and thus the conclusion of the contract) occurs immediately upon placing an order by phone, or no later than within 5 days, by means of a written confirmation (e.g., email) in which we confirm the fulfillment of the order, the delivery of the goods, or the performance of the repair service (Order Confirmation).
If you have not received a corresponding message within this time frame, you are no longer bound by your order. In this case, any payments already made will be refunded immediately.
(5) Upon request, we will prepare a customized offer for you, which will be sent to you in writing and to which we are bound for 5 days (unless a different time limit is specified in the respective offer). You accept the offer by providing written confirmation.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and, in particular, that they are not blocked by spam filters.
§ 3 Provision of Services for Repairs
(1) To the extent that repair services are the subject matter of the contract, we are obligated to perform the repair work specified in the scope of services. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.
(2) You are required to cooperate; in particular, you must describe the defect in the device as thoroughly as possible and make the defective device available to STV Electronic GmbH. Page 3 of 5
(3) You are responsible for the cost of shipping the defective device to us.
(4) If you exercise your right to terminate the contract pursuant to § 648, sentence 1 of the German Civil Code (BGB), we may demand a flat-rate fee of 10% of the agreed-upon fee if performance has not yet begun. You reserve the right to prove that we in fact incurred no costs or only significantly lower costs.
§ 4 Prices, Payment Terms, and Shipping Costs
(1) The prices listed in the respective offers, as well as the shipping costs, are net prices. They do not include the statutory value-added tax.
(2) Shipping costs are not included in the purchase price; they are charged separately unless free shipping has been promised. Further details can be found by clicking the corresponding button on our website or in the respective offer.
(3) If the shipment is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
(4) You are responsible for any costs incurred in connection with the money transfer (bank transfer or foreign exchange fees charged by financial institutions) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) You have the payment options listed under a button labeled accordingly on our website or in the respective offer. Unless a different payment term is specified for the individual payment methods or on the invoice, payment claims arising from the concluded contract are due immediately. The deduction of cash discounts is permitted only if expressly stated in the respective offer or on the invoice.
§ 5 Terms of Delivery
(1) The estimated delivery time is specified in the respective quote. Delivery dates and delivery times are binding only if we have confirmed them in writing. If you choose to pay in advance by bank transfer, the goods will be shipped and/or the repair service will be performed only after we have received the full purchase price or the amount due for the repair service, along with the shipping costs.
(2) If, contrary to expectations, a product you have ordered is unavailable for a reason beyond our control—despite our having entered into an adequate hedging transaction in a timely manner—you will be notified immediately of the unavailability, and in the event of cancellation, any payments already made will be refunded immediately.
(3) Shipment is at your risk. If you wish, the shipment can be covered by appropriate shipping insurance; however, you are responsible for the resulting costs.
(4) Partial deliveries are permitted, and we may invoice you for them separately, provided that this does not result in additional shipping costs for you.
§ 6 Warranty
(1) The warranty period is one year from the date of delivery of the goods. The shortened warranty period does not apply:
- for damages attributable to us that result from injury to life, body, or health caused by our fault, and for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have provided a warranty regarding the quality of the item;
- in the case of items that have been used in a building in accordance with their normal intended use and have caused the building’s defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
(2) Only our own specifications and the manufacturer’s product description shall be deemed to have been agreed upon as the characteristics of the item; other advertising, public promotions, and statements by the manufacturer shall not be considered as such.
(3) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the attempt to remedy the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The attempt to remedy the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect, or other circumstances, indicate otherwise. In the event of repair, we are not required to bear the additional 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.
§ 7 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
(2) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or assigned as security prior to the transfer of title.
(3) You may resell the goods in the ordinary course of business. In such a case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept this assignment. You remain authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the receivable ourselves.
(4) Upon connection or mixing of the goods subject to retention of title, 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 value of the other processed items at the time of processing.
(5) We agree to release the collateral to which you are entitled, at your request, to the extent that the realizable value of our collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released is at our discretion.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and venue shall be our registered office, provided that you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general venue in Germany or the EU.
1. Identity of the Provider
STV Electronic GmbH
Hellweg 203-205
33758 Schloss Holte
Tel: +49 (0)5207-9131-0