Brackets Stacky
Henning Spier
Lychener Str. 15, 10437 Berlin

Our website address is: https://thestacky.de.

General Terms and Conditions for the sale of products from the
STACKY program (as of Jan. 2013)
§ 1 Scope of application
(1) These terms and conditions apply exclusively to public
institutions, entrepreneurs and traders as well as legal entities under
public law or special funds under public law within the meaning of § 310 paragraph 1
BGB. We shall only recognize terms and conditions of the customer that deviate from or contradict these terms and conditions
if we expressly agree to their validity in writing
. This shall apply even if deliveries are made without reservation despite knowledge of conflicting or
deviating terms and conditions of the customer.
(2) These terms and conditions shall also apply to all future transactions with the
customer, insofar as these are legal transactions of a related nature.
§ 2 Conclusion of contract and formal requirements
(1) Orders/orders shall only become binding for us upon receipt of our written
order confirmation by the customer; all offers are subject to change until then.
(2) All types of declarations regarding the conclusion, execution, amendment and termination of the contract
must be made in writing. Verbal agreements shall only become effective if they are confirmed in writing by
within one week. A waiver of the formal requirements
is only effective if it is agreed in writing.
§ 3 Prices, terms of payment, retention of title
(1) All prices are net prices, plus shipping costs and
VAT at the applicable rate. The prices are ex warehouse.
(2) For shipments within Germany, we charge a flat-rate packaging and
shipping fee of €7 per order, regardless of the number of
packages. This flat rate is also charged for orders of small, inexpensive
spare parts and replaces the usual minimum quantity surcharge. We reserve the right to make partial deliveries
.
For shipments to Austria we have to charge shipping costs of €22 for parcels up to 10 kg
and €32 for parcels up to 20 kg. The shipment will be made by DHL. Our offer
will include the cheapest shipping method.
For shipments to Switzerland we have to charge shipping costs of 30,- € for parcels up to 5 kg
, 35,- € for parcels up to 10 kg and 40,- € for parcels up to 20 kg. This applies to
orders of STACKY and/or accessories. Shipping costs for other goods are calculated
individually according to dimensions and weight. Our offer will include the cheapest
shipping method. As a rule, no customs duties are levied for STACKY and/or accessories, as they are
preferential goods originating from Germany.
(3) The prices valid on the invoice date apply.
(4) All deliveries are only made after prepayment. Invoices must be paid in full and
without deduction. Payment of the invoice must be made exclusively to the account of Henning Spier. Until full settlement, the goods
remain the property of Henning Spier.
(6) Payment claims must be settled within 10 days of the invoice date and
receipt of the invoice at the latest. If receipt of the invoice is uncertain, the period begins with
the delivery of the goods. After expiry of this period, the customer is automatically in
default of payment.
(7) In the event of default of payment, the statutory default interest of 8 percent above the
base interest rate shall apply. For the 1st reminder, we charge a flat-rate reminder fee of €5 for the 1st
reminder stage, €10 for the second reminder stage. 2nd reminder level and 15,- € for the 3rd reminder level. The assertion
of a higher damage caused by delay remains unaffected.
(8) The customer is only entitled to retention and set-off claims if his
counterclaims are undisputed, recognized by us or have been legally established
and can only be exercised if the counterclaim originates from the same
contractual relationship.
§ 4 Delivery time
(1) All information on delivery dates, deadlines and quantities are only binding from the dispatch of the
order confirmation by us. Excluded from this is non-compliance with the
delivery deadline due to force majeure or other unforeseeable events, even if
these events occur at our suppliers. However, we undertake to inform the customer
immediately in this case. A lump-sum compensation for delay or contractual penalty regulated within the framework of the general terms and conditions of the customer
is expressly not
recognized. We reserve the right to make partial deliveries.
(2) The commencement of the delivery period stated by us presupposes the timely and
proper fulfillment of the customer’s obligations. We reserve the right to plead non-performance of the contract
.
(3) Our products are kept in stock. If an article is in the
reprocurement process, this can lead to delivery times of up to 4 weeks.
(4) If the customer is in default of acceptance or culpably violates other
obligations to cooperate, we are entitled to demand compensation for the damage incurred by us in this respect,
including any additional expenses. We reserve the right to assert further claims
. If the above conditions are met, the risk of
accidental loss or accidental deterioration of the purchased item shall pass to the customer at the
point in time at which the customer is in default of acceptance or payment
.
(5) In the event of a delay in delivery by Halterungen Stacky, the customer
remains obliged to grant a reasonable period of time for performance or subsequent performance. Further
legal claims and rights of the customer due to a delay in delivery remain
unaffected.
§ 5 Transfer of risk on dispatch
(1) If the goods are dispatched to the customer at his request, the risk of accidental loss
or accidental deterioration of the goods shall pass to the customer on dispatch
to the customer, at the latest when the goods leave the warehouse. This applies regardless
of whether the goods are dispatched from the place of performance or who bears the freight costs
.
§ 6 Warranty, notification of defects and liability as well as recourse/manufacturer recourse
(1) Warranty rights of the customer presuppose that he has duly fulfilled his obligations to inspect and give notice of defects in accordance with § 377
HGB (German Commercial Code)
. If the purchaser receives goods that are recognizably damaged or incomplete
, he must notify Henning Spier in writing of any
defects no later than 3 working days after receipt of the goods. Functional checks must also be carried out within this period
. After expiry of this notification period,
claims for material defects can no longer be recognized.
(2) Claims for defects expire 12 months after the transfer of risk. Our consent must be obtained before any
return of the goods. The taking back of delivered
goods by us does not constitute a withdrawal from the contract, unless Halterungen Stacky has expressly declared this in writing.
(3) If, despite all due care, the delivered goods have a defect that
already existed at the time of the transfer of risk, we will, at our discretion, either repair the goods or deliver replacement goods, subject to
timely notification of defects. We must
always be given the opportunity for subsequent performance within a reasonable period of time.
Recourse claims remain unaffected by the above provision without restriction.
(4) If the subsequent performance fails, the customer may withdraw from the contract, without prejudice to any claims for damages,
.
(5) There are no claims for defects: In the case of insignificant deviations from the
agreed quality, in the case of insignificant impairment of usability, in the case of
natural wear and tear as well as in the case of damage arising after the transfer of risk
as a result of incorrect or negligent handling, excessive strain or
due to special external influences which are not provided for in the contract
. If improper repair work or
modifications are carried out by the customer or third parties, no claims for defects shall exist for these and the resulting consequences
.
(6) The associated guarantee conditions shall apply exclusively to guarantees issued.
(7) Halterungen Stacky shall be liable for intentional breaches of contract. In the event of
gross negligence or culpable breach of a material contractual obligation,
liability for damages shall be limited to the foreseeable, typically occurring damage
. Liability is otherwise excluded, with the exception of liability for
damages arising from injury to life, limb or health and
liability under the Product Liability Act. Liability
is expressly excluded in the event of damage caused by an intentional or negligent breach of duty by the user
or an intentional or negligent breach of duty by a legal representative
or vicarious agent of the user.
(8) We are not liable for the completeness or correctness of the information on our
website. Errors excepted. Furthermore, we are not liable for the content of third-party websites,
which can be accessed via the links on our site.
§ 7 Data protection
(1) We store all data that the customer provides to us for the purpose of processing the contract,
only for this purpose. They will not be passed on to third parties.
§ 8 Miscellaneous
(1) These terms and conditions and the entire legal relationship between the parties are subject to the
law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from these
terms and conditions is our place of business, unless otherwise stated in the order confirmation
.
(3) Should individual provisions of these terms and conditions be or become invalid or
contain a loophole, the remaining provisions shall remain unaffected. The parties
undertake to replace the invalid provision with a legally permissible
provision that comes closest to the economic purpose of the invalid provision
or fills this gap.

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