General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into with us as the provider (Srinivasan Surya Narayanan) via the website www.stilltree.de. Unless otherwise agreed, any terms and conditions you use will not be incorporated.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, is acting in the course of its self-employed professional or trade activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we are making a binding offer to enter into a contract via the online shopping cart system on the terms and conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to Order" (or similar wording) and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) 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 corresponding selection or enter your details there. Finally, the order details will be displayed to you 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 opportunity to review the information in the order overview again, change it (also using the "back" function of the internet browser) or cancel the order.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. "PayPal" may use other payment services to process the payment; if special payment terms apply in this regard, you will be notified separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment will be processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. Stripe may use other payment services to process the payment; if special payment terms apply in this regard, you will be notified separately. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
§ 5 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are asked 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 will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, such deviation is only deemed agreed upon if you were informed of it before submitting the declaration of acceptance and the deviation was expressly and separately agreed upon by the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state where the consumer habitually resides (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Srinivasan Surya Narayanan
Schulstr, 46
21224 Rosengarten
Germany
Telephone: +4917655004114
Email: s.narayanan@stilltree.de
We are not prepared and are 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 governed by the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system the contract data can be printed using the browser's print function or saved electronically. Once we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. No shipping costs apply.
5.3. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss or accidental deterioration of the sold item during shipping only passes 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 carrier not designated by the entrepreneur or another person designated to carry out the shipment.
7. 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 IT law specialists of Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist orders. Further information on this can be found at: https://www.haendlerbund.de/