General terms and conditions of business
The following General Terms and Conditions are part of all contracts with Streamoptics.de
§1 SCOPE
These general terms and conditions (hereinafter referred to as "GTC") are part of all contracts with Streamoptics.de, operated by IT-Systems Strauss GmbH (hereinafter referred to as "Provider"), James-Watt-Str. 10, 33334 Gütersloh, represented by the managing partner: Franco Alexander Strauss, with a contractual partner (hereinafter referred to as "Customer") regarding the purchase of goods on Streamoptics.de (hereinafter referred to as "Online Shop").
The version valid at the time the contract is concluded shall prevail. Deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity. Deviating provisions in the offer description take precedence over the provisions of these General Terms and Conditions. The General Terms and Conditions contain, among other things, general information, i.e. information independent of the offer, on how the contract is concluded, including the technical steps that lead to the conclusion of the contract, the extent to which the contract text is stored and accessible after the contract is concluded, and the technical means made available by means of which input errors can be detected and corrected before the contract is concluded (2), information on exercising the right of withdrawal, including the consequences of withdrawal (3), details regarding payment and delivery (4), and further information on data protection (8).
§ 2 CONCLUSION OF CONTRACT
(1) By placing an order with the Provider, the Customer submits a binding offer to conclude a contract. The order is placed via the Provider's online shop by clicking the button labeled "order with payment" or a corresponding, unambiguous wording. Until this button is clicked, the Customer can cancel the order process at any time. On the associated overview page, the Customer can identify any input errors and, by clicking the back button on their browser, access the affected order step again and correct the error there. The Provider does not save the contract text as such. However, the Customer can save or print the contract text by using the corresponding function of their browser on the overview page; the same applies to these General Terms and Conditions.
(2) The provider will confirm receipt of the order to the customer via email (confirmation of receipt). This confirmation of receipt also serves to verify the email address provided by the customer when placing their order. However, the confirmation of receipt does not constitute a binding acceptance of the offer by the provider. Rather, acceptance of the offer occurs either through a separate notification from the provider (contract confirmation) or through the delivery of the ordered goods.
(3) The contract language is German.
§ 3 RIGHT OF WITHDRAWAL
(1) The customer who is a consumer is generally entitled to a statutory right of withdrawal. The customer who is not a consumer is not entitled to this right of withdrawal. 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.
(2) In detail, the following applies to the right of withdrawal
Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (Streamoptics.de, IT-Systems Strauss GmbH, James-Watt-Str. 10, 33334 Gütersloh, Telephone: +49 (0) 5241 9646015, Email: support@streamoptics.de) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You may use the sample withdrawal form below for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 something else was expressly agreed 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 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 that you have canceled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
Exclusion / premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts The right of withdrawal does not apply to contracts - contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; The right of withdrawal expires prematurely in the case of contracts - 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;
End of the cancellation policy
Sample cancellation form
If you wish to exercise your right of withdrawal, please copy this form, complete it with your personal details and return it to us:
Streamoptics.de
IT-Systems Strauss GmbH
James-Watt-Strasse 10
33334 Gütersloh
Germany
Email: support@streamoptics.de
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 on paper) Date
Delete inapplicable fields marked with (*).
§ 4 PAYMENT AND DELIVERY
(1) All prices listed in the online shop are final prices, including statutory sales tax. Shipping costs can be found on the relevant overview page and are also listed separately in the order summary. Additional costs not shown in the order summary will not be incurred by placing an order.
(2) Payment shall be made using the method selected by the customer when placing their order. Unless otherwise specified regarding the selected payment method or otherwise agreed otherwise, delivery shall be made after full payment of the purchase price, including any shipping costs, by post to the address specified by the customer as the delivery address when placing their order.
§ 5 RESERVATION OF TITLE
The delivered goods remain the property of the provider until the purchase price including any shipping costs has been paid in full.
§ 6 WARRANTY
(1) The customer's rights in the event of defects are governed by the statutory provisions; liability for damages due to defects is additionally subject to the limitation of liability pursuant to Section 7.
(2) A guarantee beyond the warranty shall only exist for the goods supplied by the provider if this has been expressly stated in the description of the respective article; the reference to a manufacturer's guarantee does not constitute an assumption of a guarantee by the provider.
§ 7 LIMITATION OF LIABILITY
The provider is liable without limitation in cases of intent and gross negligence, for injury to life, limb, or health, in accordance with the provisions of the Product Liability Act (ProdHG) and to the extent of any guarantee assumed by the provider. In the event of a slightly negligent breach of a material contractual obligation, the provider's liability is limited to the amount of damage that is foreseeable and typical for the type of transaction in question. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. Otherwise, the provider's liability is excluded. This also applies to the personal liability of the provider's legal representatives and vicarious agents.
§ 8 DATA PROTECTION
(1) The provider complies with the data protection regulations. For the purpose of processing the contract, it collects, processes, and uses the customer's personal data that is communicated to it by the customer when placing the order.
(2) In addition to the collection, processing and use, the provider is entitled to pass on the customer's personal data to third parties if this is necessary for the execution of the contract (e.g. the post office for shipping or the bank for payment processing).
(3) Requests for information, correction, deletion or blocking of the customer’s personal data should be addressed to:
Streamoptics.de
IT-Systems Strauss GmbH
James-Watt-Strasse 10
33334 Gütersloh
Germany
Email: support@streamoptics.de
However, deletion cannot take place as long as the customer's personal data is still required to process the contract or if the provider is legally obliged to retain it.
(4) Furthermore, particularly with regard to the use of the website as such, reference is made to the privacy policy, which is available in a printable and storable format via the online shop.
§ 9 DISPUTE RESOLUTION
According to EU Regulation No. 524/2013, consumers have the opportunity to resolve disputes with providers online. The EU provides a platform for this purpose (ODR platform), which can be accessed via the following link: http://ec.europa.eu/consumers/odr/ A consumer is any natural person who acts for purposes that are not predominantly related to their commercial, business, craft, or professional activity. The provider's email address is: support@streamoptics.de
§ 10 FINAL PROVISIONS
(1) The contract remains binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, Gütersloh is agreed as the exclusive place of jurisdiction for all claims arising from or based on the contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have relocated their place of residence or habitual abode outside of Germany after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is filed.
(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a natural person and concludes the contract for purposes that cannot be predominantly attributed to his or her commercial, business, craft, or professional activity (consumer), the mandatory consumer protection provisions of the state in which the customer has his or her habitual residence shall nevertheless remain applicable.
(4) The customer may only offset claims against the provider that are either due to the customer from the same contractual relationship or that are undisputed by the provider or legally established. The customer may only assert a right of retention for counterclaims arising from the same contractual relationship.
Status: May 2021
§1 SCOPE
These general terms and conditions (hereinafter referred to as "GTC") are part of all contracts with Streamoptics.de, operated by IT-Systems Strauss GmbH (hereinafter referred to as "Provider"), James-Watt-Str. 10, 33334 Gütersloh, represented by the managing partner: Franco Alexander Strauss, with a contractual partner (hereinafter referred to as "Customer") regarding the purchase of goods on Streamoptics.de (hereinafter referred to as "Online Shop").
The version valid at the time the contract is concluded shall prevail. Deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity. Deviating provisions in the offer description take precedence over the provisions of these General Terms and Conditions. The General Terms and Conditions contain, among other things, general information, i.e. information independent of the offer, on how the contract is concluded, including the technical steps that lead to the conclusion of the contract, the extent to which the contract text is stored and accessible after the contract is concluded, and the technical means made available by means of which input errors can be detected and corrected before the contract is concluded (2), information on exercising the right of withdrawal, including the consequences of withdrawal (3), details regarding payment and delivery (4), and further information on data protection (8).
§ 2 CONCLUSION OF CONTRACT
(1) By placing an order with the Provider, the Customer submits a binding offer to conclude a contract. The order is placed via the Provider's online shop by clicking the button labeled "order with payment" or a corresponding, unambiguous wording. Until this button is clicked, the Customer can cancel the order process at any time. On the associated overview page, the Customer can identify any input errors and, by clicking the back button on their browser, access the affected order step again and correct the error there. The Provider does not save the contract text as such. However, the Customer can save or print the contract text by using the corresponding function of their browser on the overview page; the same applies to these General Terms and Conditions.
(2) The provider will confirm receipt of the order to the customer via email (confirmation of receipt). This confirmation of receipt also serves to verify the email address provided by the customer when placing their order. However, the confirmation of receipt does not constitute a binding acceptance of the offer by the provider. Rather, acceptance of the offer occurs either through a separate notification from the provider (contract confirmation) or through the delivery of the ordered goods.
(3) The contract language is German.
§ 3 RIGHT OF WITHDRAWAL
(1) The customer who is a consumer is generally entitled to a statutory right of withdrawal. The customer who is not a consumer is not entitled to this right of withdrawal. 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.
(2) In detail, the following applies to the right of withdrawal
Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (Streamoptics.de, IT-Systems Strauss GmbH, James-Watt-Str. 10, 33334 Gütersloh, Telephone: +49 (0) 5241 9646015, Email: support@streamoptics.de) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You may use the sample withdrawal form below for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 something else was expressly agreed 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 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 that you have canceled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
Exclusion / premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts The right of withdrawal does not apply to contracts - contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; The right of withdrawal expires prematurely in the case of contracts - 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;
End of the cancellation policy
Sample cancellation form
If you wish to exercise your right of withdrawal, please copy this form, complete it with your personal details and return it to us:
Streamoptics.de
IT-Systems Strauss GmbH
James-Watt-Strasse 10
33334 Gütersloh
Germany
Email: support@streamoptics.de
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 on paper) Date
Delete inapplicable fields marked with (*).
§ 4 PAYMENT AND DELIVERY
(1) All prices listed in the online shop are final prices, including statutory sales tax. Shipping costs can be found on the relevant overview page and are also listed separately in the order summary. Additional costs not shown in the order summary will not be incurred by placing an order.
(2) Payment shall be made using the method selected by the customer when placing their order. Unless otherwise specified regarding the selected payment method or otherwise agreed otherwise, delivery shall be made after full payment of the purchase price, including any shipping costs, by post to the address specified by the customer as the delivery address when placing their order.
§ 5 RESERVATION OF TITLE
The delivered goods remain the property of the provider until the purchase price including any shipping costs has been paid in full.
§ 6 WARRANTY
(1) The customer's rights in the event of defects are governed by the statutory provisions; liability for damages due to defects is additionally subject to the limitation of liability pursuant to Section 7.
(2) A guarantee beyond the warranty shall only exist for the goods supplied by the provider if this has been expressly stated in the description of the respective article; the reference to a manufacturer's guarantee does not constitute an assumption of a guarantee by the provider.
§ 7 LIMITATION OF LIABILITY
The provider is liable without limitation in cases of intent and gross negligence, for injury to life, limb, or health, in accordance with the provisions of the Product Liability Act (ProdHG) and to the extent of any guarantee assumed by the provider. In the event of a slightly negligent breach of a material contractual obligation, the provider's liability is limited to the amount of damage that is foreseeable and typical for the type of transaction in question. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. Otherwise, the provider's liability is excluded. This also applies to the personal liability of the provider's legal representatives and vicarious agents.
§ 8 DATA PROTECTION
(1) The provider complies with the data protection regulations. For the purpose of processing the contract, it collects, processes, and uses the customer's personal data that is communicated to it by the customer when placing the order.
(2) In addition to the collection, processing and use, the provider is entitled to pass on the customer's personal data to third parties if this is necessary for the execution of the contract (e.g. the post office for shipping or the bank for payment processing).
(3) Requests for information, correction, deletion or blocking of the customer’s personal data should be addressed to:
Streamoptics.de
IT-Systems Strauss GmbH
James-Watt-Strasse 10
33334 Gütersloh
Germany
Email: support@streamoptics.de
However, deletion cannot take place as long as the customer's personal data is still required to process the contract or if the provider is legally obliged to retain it.
(4) Furthermore, particularly with regard to the use of the website as such, reference is made to the privacy policy, which is available in a printable and storable format via the online shop.
§ 9 DISPUTE RESOLUTION
According to EU Regulation No. 524/2013, consumers have the opportunity to resolve disputes with providers online. The EU provides a platform for this purpose (ODR platform), which can be accessed via the following link: http://ec.europa.eu/consumers/odr/ A consumer is any natural person who acts for purposes that are not predominantly related to their commercial, business, craft, or professional activity. The provider's email address is: support@streamoptics.de
§ 10 FINAL PROVISIONS
(1) The contract remains binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, Gütersloh is agreed as the exclusive place of jurisdiction for all claims arising from or based on the contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have relocated their place of residence or habitual abode outside of Germany after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is filed.
(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a natural person and concludes the contract for purposes that cannot be predominantly attributed to his or her commercial, business, craft, or professional activity (consumer), the mandatory consumer protection provisions of the state in which the customer has his or her habitual residence shall nevertheless remain applicable.
(4) The customer may only offset claims against the provider that are either due to the customer from the same contractual relationship or that are undisputed by the provider or legally established. The customer may only assert a right of retention for counterclaims arising from the same contractual relationship.
Status: May 2021
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