General Terms and Conditions of BusinessSTAGE GmbH
The contractual partner for every order placed at the STAGE online store is:STAGE GmbH
Bei den Pferdeställen 8
Stuttgart District Court
Managing Director: Georg von Hausen
Tax ID: 86118/32630 Tübingen Tax Office
VAT ID: DE 815 823 563
Area of validity
Ordering products at the STAGE GmbH online store is subject to the following terms and conditions of business.
Contracts may only be concluded with natural and juridical persons previously registered at our online store (“Customers”) with a residential and delivery address in Germany. The online store is not available to delivery addresses on German islands, for which we can gladly make you an alternative offer. Please contact us at email@example.com
The Customer can appoint a Proxy to register their Customer account. The Proxy must be entitled to place orders at our online store on behalf of and for the account of the Customer.
Only our terms and conditions of business apply to the purchasing of STAGE GmbH products at our online store. If the Customer has other terms and conditions of business, these shall not apply, unless we have expressly agreed to them in writing beforehand.
- Requirements for registering/ordering
- Registration process
- Ordering/concluding a contract after registration
- Barring the account/Customer
- End of use
- Regulation sanctions checks
- Data protection
- Protection of content
Ordering and delivery terms
- Delivery period terms
- Prices and terms of payment
- Reporting and claiming for defects; limitation period
- Retention of title
- Cancellation rights
- Force majeure and similar – right of withdrawal
- Limitation of liability – indemnification in the case of property rights infringement
- Non-assignment clause
- Applicable law, place of jurisdiction
- Severability clause
1. Requirements for registering/ordering
Concluding contracts for the purchase of products at our online store can only be done in an area protected by a registration process, and therefore exclusively by registered Customers and their Proxies. Registering at the online store itself is free of charge. Ordering goods incurs costs. Registering and ordering is done by the Customer or their Proxy.
Another condition for accessing and using our online store is that the Customer/Proxy has to agree to our terms and conditions of business and acknowledge or data protection policy. The latest version of our data protection policy can be viewed at stage-interior.com/datenschutz. The Customer agrees (through their Proxy if relevant) to the terms and conditions of business valid at the time of registering and placing an order, and confirms having received the data protection policy, by ticking the checkboxes “The customer agrees to the terms and conditions of Stage GmbH” and “The customer acknowledges the data protection policy” during the registration process online.
The person registering on behalf of the Customer at the online store thereby confirms that they are authorised to represent the Customer and may act as our contractual partner, which means, in particular, registering for and on behalf of the Customer, and ordering on behalf of and for the account of the Customer.
2. Registration process
There is no legal right to demand registration at the online store. We are entitled to refuse to register a Customer or their Proxy, without giving reasons.
Once the Customer or Proxy has completed all the details marked as mandatory during registration in the online store, we check that these details are complete and plausible. Provided our mandatory check deems these details correct, which means we have no concerns about them (especially regarding the right to represent, or that customers cannot be positively matched with existing customer details, etc.), we will enable access to our online store. We notify the Customer of this using the email address provided by the Customer/Proxy.
Only once this confirmation email has been sent have we accepted the Customer or Proxy’s application to register for using our online store. Only once this email has been received is the Customer/Proxy allowed to use our online store under these contractual conditions.
3. Ordering/concluding a contract after registration
Our online store does not make binding offers to Customers. Rather, it provides the Customer with the opportunity to provide us with a binding offer to conclude a purchase agreement.
The Customer/Proxy places a legally binding order at the online store by clicking the “Order and agree to pay” button. The Customer is committed to the order for a period of two (2) weeks after placing the order.
If the Customer/Proxy receives an email about the order, this still does not yet mean we have committed to accepting it, unless it states that as well as confirming receipt of the order, we expressly accept what is offered in the contract.
A contract is not concluded until we accept the order by means of a declaration of acceptance (“order confirmation”), or by delivering the goods ordered.
If it is not possible to supply the goods ordered by the Customer/Proxy, such as if they are out of stock or cannot be produced at some later point, we will not declare our acceptance, in which case a contract will not be concluded. We will inform the Customer of this and refund any considerations already received without undue delay.
4. Duties of the Customer/Proxy
Details provided by the Customer/Proxy when registering and using the online store must be complete, up to date and correct.
If the details provided by the Customer/Proxy change, the Customer/Proxy must correct them at the online store without undue delay using their account settings and/or personal settings. Some of the details which the Customer/Proxy provides during registration can later no longer be changed by the Customer/Proxy themselves, which means that the Customer/Proxy has to use the contact form to tell us about changes without undue delay (such as email, private, business or invoicing address).
The Customer/Proxy must keep any access details, including the password, secret, and on no account make them available to unauthorised third parties.
It is also the responsibility of the Customer/Proxy to ensure that only the Customer and their Proxy can access the online store and use the services made available there.
Appropriate steps must be taken to prevent unauthorised third parties from accessing the online store and the services available there. The Customer/Proxy must tell us immediately if their access details are used without authorisation. The Customer is liable for any misuse of their access details, if they are responsible for it.
The Customer/Proxy may not use any devices, products or other means to circumvent or defeat our technical (security) measures on our online store / website. We are entitled to block the Customer’s access immediately if the online store is misused. This does not affect other rights and claims, especially our right to terminate the contract without notice, for good cause and our right to compensation.
The Customer/Proxy is responsible for establishing and maintaining the technical conditions required to access the online store, particularly regarding the hardware and operating system software used, the internet connection, and updated browser software. The Customer/Proxy is obliged to take appropriate precautions to safeguard their systems, in particular using the browser’s normal security settings and the latest protective mechanisms to prevent malware.
5. Barring the account/Customer/Proxy
We are entitled to bar access to our online store at our obligatory discretion, either entirely or in particular parts, temporarily or permanently, if there we have good reason to believe that these contractual conditions and/or applicable law are being or have been breached (authority to represent does not exist or no longer applies; negative sanctions check; misuse of access details following violation of the duties of Section 4).
We can also bar access at our mandatory discretion for reasons of inactivity. If we intend to bar access for reasons of inactivity, we will inform the Customer/Proxy by email a month before doing so.
The Customer’s legitimate interests will be taken into reasonable account when we decide whether to bar their access. If a Customer/Proxy repeatedly breaches the conditions of use despite being warned, we reserve the right to bar access permanently and exclude the Customer or their Proxy from using the online store from that point onwards.
If we temporarily or permanently bar the Customer’s access rights, we will notify the Customer/Proxy by email.
In the event of temporary bar, access rights will be reinstated at the end of the barring period or if the reason for barring has disappeared for good, and we will inform the Customer/Proxy by email.
Permanently barred access cannot be restored. Re-registration is required instead. The Customer does not have the legal right to demand that their registration offer is accepted.
6. End of use
There is no time limit on using the online store itself.
The Customer/Proxy can terminate their use of the online store at any time by informing us in writing. This notification by the Customer/Proxy will not automatically terminate it, which is done only once we have checked. Orders and purchase agreements not yet completed will not be affected by terminating use of the online store.
This does not affect the right to terminate without notice, for good cause. A good cause for us is, in particular, if the conditions exist for a permanent bar.
The Customer/Proxy’s online store access will be barred if the usage agreement comes to an end. Once all the orders are completed, access to the Customer account will be irrevocably removed. We are entitled and obliged to irretrievably delete any data created through the use of the online store, once the statutory retention periods have lapsed (AO, HGB, German Revenue and Commercial Codes). The applicable data protection regulations described in the data protection guidelines apply to personal data.
7. Regulation sanctions checks
Our legal duties require us, including when we export products, to perform what is known as a sanctions check (against sanctions lists of people, organisations and lists of goods) so as to avoid contravening national and international restrictions on the supply and performance of certain goods and services and/or to certain people/organisations. The supply of goods from our online store is dependent on this check.
8. Liability for data loss
We are only liable for data loss if that loss would not have been preventable by the Customer taking reasonable data security precautions.
9. Data protection
The way we use and handle the Customer’s data is regulated in the online store’s data protection guidelines, whose latest version is available stage-interior.com/datenschutz where it can be read and printed out.
10. Protection of content
Some of the images, drawings, calculations, files, documents and other information made available originates with us, and some of it originates with others. Content provided by others will be collectively referred to hereafter as “third-party content”.
Available content and third-party content (such as drawings) is protected by industrial property rights or other property rights and is owned either by us, our contractual partners, or other third parties who have provided it.
Trademarks, company logos, other marks and proprietary notices, copyright notices, serial numbers and other identifying features may not be removed or altered either in electronic format or in printed form.
We do not check the completeness, accuracy or legality of third-party content and therefore do not accept responsibility and do not guarantee that it is complete, accurate, legal or up to date. This applies to the quality of third-party content and its suitability for any particular purpose. The Customer should subject the content to a plausibility check appropriate for the intended use.
Applications may contain links to external websites operated by third-parties, the content of which we are unable to influence. For this reason we cannot guarantee this kind of third-party content. The operator or provider of linked sites is always responsible for their content. It is unreasonable to expect us to monitor the content of linked websites constantly, without an actual legal violation to base ourselves on. If we become aware of such a violation, we will remove the links involved immediately.
Our express written permission is required before passing on the images, drawings, documents or other information on our online store to third parties.
Ordering and delivery terms
11. Delivery terms
The delivery period we put forward does not begin until any unresolved issues have been resolved. And the delivery periods stated on our online store are only guidelines; they are not final, binding delivery periods. We cannot provide the Customer with a binding delivery period until we send our declaration of acceptance. The date on which the goods are handed over by our logistics service provider to the courier appointed to transport them is what defines compliance with the delivery deadline.
The following methods of shipment are used. Packages containing accessories (cushion covers, cushion fillings, plaids etc.) are shipped using DPD Paketversand (parcel shipment). Furniture items are delivered by couriers to the place of use. This service entails a fee, which is itemised separately. The points laid out in 11.5 are a prerequisite. The product detail list shows the shipment method used.
Delivery deadlines and periods are conditional on us being supplied in good time and correctly. We will inform you immediately of any delivery delays.
The delivery period will be extended by an appropriate period for any subsequent amendments required by the Customer or in the event of obstacles to delivery for which we are not responsible.
NOTE: The route to the place where the goods will be used must be freely accessible, i.e. access roads, staircases, corridors etc. must not be closed or obstructed. Carriage to the relevant floor must be possible without technical equipment.
If the goods cannot be delivered to the home by the usual route on account of spatial restrictions, the courier is entitled to reimbursement of its additional expenses, or to decline to deliver the goods to the required place of use, if the risk of damaging the goods or the property is too high.
12. Prices and terms of payment
All of the prices on our website include current sales tax, which is itemised separately. Prices at the time of ordering apply.
Voucher codes and coupon numbers cannot be combined with each other or with other ongoing discount promotions.
The following methods of payment are used:
Shopping with Stripe is simple and safe. Stripe uses the bank details and credit card it has stored to complete the purchase. If the payment is authorised by Stripe, the goods will be sent out as ordered.
You can pay easily and securely using your credit card. We accept MasterCard and Visa. Your credit card account will be debited as soon as you have completed the purchase.
Bank transfer (prepayment)
If you use the bank transfer payment method, you can send the amount on the invoice straight to the bank details shown here. The bank details will also be emailed to you with the order confirmation. The bank details are as follows:
IBAN: DE 43 6415 0020 0004 2855 08
NOTE: We hope you will understand that payment for the goods you order must arrive on our account within seven working days. The goods you order will only remain reserved for that long. If payment is not made by that deadline, the order will be cancelled.
13. Reporting and claiming for defects; limitation period
The ordered goods may be altered, and such amendments are not defects, provided they do not fundamentally change the function of the goods, and provided the Customer does not demonstrate that the alteration is unreasonably detrimental to them.
The Customer must examine received goods for defects without undue delay. Any defects must be reported by the Customer without undue delay, in writing, and no later than 14 days after receiving the goods. For hidden defects, the same period shall apply from the time of discovery. Claims shall be forfeited for defects not reported in due time.
In the event of a justified complaint, we shall choose to either rectify the defect or deliver a replacement. If we do not rectify the defect or supply a replacement within a reasonable time and after a maximum of eight (8) weeks, the Customer has the right to withdraw from the contract or demand a reduction in the purchase price. Withdrawal is not allowed if our breach of duty is merely negligible.
The limitation period for claims for defects in goods is subject to statutory warranty provisions. For private orders, the limitation period for defect claims is two years; for commercial orders, it is limited to one year.
The limitation period begins when the goods are delivered.
The limitation periods of the law on the sale of goods in 13.4 also apply to the Customer’s contractual and non-contractual claims for damages based on defects in the goods, except in cases in which applying the regular statutory limitation period (Sections 195, 199 BGB, German Civil Code) would lead to a shorter limitation period. However, claims for damages by the Customer pursuant to Section 17 and pursuant to the German Product Liability Act shall lapse exclusively in accordance with statutory limitation periods.
14. Retention of title
Our deliveries are always made subject to retention of title. The goods remain our property until everything the Customer/Proxy owes has been paid in full. If a running account is held, retention of title serves as security for our current account balance claims.
Customers are entitled to resell the delivered goods in the ordinary course of their business. If they do so, they shall assign to us the amount receivable by them for the purchase price to the extent of the value of the goods whose title is retained. If we so request, the Customer must tell us whom the receivables which have been assigned to us are due from, and inform them of the assignment. The Customer is obliged to notify us immediately if the goods are seized, or if our security rights are impaired by third parties in any other way.
15. Cancellation rights
The right of cancellation applies; see Cancellation Policy.
16. Force majeure and similar – right of withdrawal
If we are prevented from fulfilling our delivery obligations by force majeure or by other circumstances we cannot control, or if the fulfilment of our obligations becomes untenable for us for those reasons, we shall be released from our obligation to perform for the duration of the event or circumstance, or shall be entitled to withdraw from the contract. In such circumstances, the Customer is not entitled to claim damages.
The right to withdraw still exists if the Customer was first notified about an extension of the delivery period.
Force majeure includes, but is not limited to, earthquakes, fires, floods, riots, strikes, epidemics, pandemics or other outbreaks of disease, official orders and restrictions (such as production restrictions and embargoes), closure of operations by government order or due to major staff losses (e.g. illness or quarantine) or other measures, or any other event, similar or otherwise, that qualifies as unforeseeable or beyond our control.
The above also applies if we were not supplied on time, or at all, because these kind of events and circumstances have happened to our suppliers and subcontractors.
17. Limitation of liability – indemnification in the case of property rights infringement
In the event of injury to life, limb or health for which we are responsible, we shall be liable in accordance with the statutory provisions.
The following applies to other damages:
In the case of damages arising from a breach of fundamental contractual duties resulting from simple negligence by us, our legal representatives or vicarious agents, liability for foreseeable damages typical of the contract is limited to the value of the goods delivered.
Compensation cannot be claimed for other damages if ancillary obligations or non-essential duties are breached on the basis of simple negligence.
Compensation cannot be claimed for delay based on simple negligence; this does not affect the Customer’s statutory rights once a reasonable period of grace has lapsed.
Exclusions and limitations of liability do not apply if we have fraudulently concealed a defect or guaranteed the quality of the item.
This does not affect the Customer’s rights to reimbursement of wasted expenditure instead of damages in lieu of performance, or our liability under the German Product Liability Act.
The Customer guarantees that the goods ordered do not infringe anybody else’s industrial property rights or other rights. The Customer shall indemnify us against any third-party claims in this respect.
18. Non-assignment clause
Unless expressly agreed otherwise with the Customer, the Customer is not entitled to transfer rights arising from this contract without our permission.
19. Applicable law, place of jurisdiction
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The contractual language is German.
The exclusive place of jurisdiction for disputes between the parties of the contract is Stuttgart.
20. Severability clause
Should any of these terms or conditions be or become wholly or partially invalid, this shall not affect the validity of the rest of the terms and conditions. The invalid or unenforceable term shall be replaced by the valid and enforceable one whose effect comes closest. This provision shall apply in the same way if the terms and conditions are evidently incomplete.