Terms of service
§ 1 General Provisions
a) Scope
These General Terms and Conditions apply to all business relationships conducted via www.shtox.com between Shtox Production UG (limited liability), Nordendstrasse 14, 64546 Mörfelden-Walldorf, represented by Mr. Gleb Bushkovskii (hereinafter referred to as “Shtox Production UG”) and its customers, in the version valid at the time the contract is concluded. Any conflicting general terms and conditions of the customer are expressly rejected.
b) Contractual Agreement
The contract language is German.
c) Conclusion of Contract via Individual Offer
Shtox Production UG operates based on individual customer requests. Orders can be placed using an online form, by telephone, or via email. The contract can thus be concluded orally or in writing with individually agreed content. Using the online form, the contract is concluded in three steps: first, the customer selects the goods and enters their data in the form; second, the form is submitted by clicking the “Send” button. This submission constitutes a non-binding inquiry. If the requested goods are available, Shtox Production UG will send the customer a binding offer containing the ordered items, the final price, and the accepted payment methods. This constitutes a binding offer to enter into a purchase contract. The customer may accept this offer in writing within two weeks or by transferring the purchase price to Shtox Production UG.
d) Storage of Contract Text
The contract text is stored by Shtox Production UG and sent to the customer after the order has been placed, along with the applicable T&C and customer information in text form (e.g., email, fax, or postal mail). However, the contract text is not accessible via the seller’s website after the order is placed. The customer may print the relevant web page using the browser’s print function.
§ 2 Delivery
a) Partial Deliveries
Shtox Production UG is entitled to make partial deliveries if this is reasonable for the customer. No additional shipping costs will be charged for such partial deliveries.
b) Delivery Delays
Shtox Production UG is not liable for delivery or service delays due to force majeure or extraordinary and unforeseeable events that cannot be prevented even with the utmost care (such as strikes, governmental or judicial orders, or failure of suppliers to deliver despite a covering transaction). In such cases, delivery will be postponed for the duration of the disruption.
c) Withdrawal
In cases of unavailability for the reasons mentioned above, Shtox Production UG may withdraw from the contract. Shtox Production UG is obliged to inform the customer immediately of such unavailability and refund any payments already made without delay.
d) Default in Acceptance
If the customer is in default of accepting the goods, Shtox Production UG may, after setting a reasonable grace period, withdraw from the contract and claim damages for default or non-performance. During the default, the customer bears the risk of accidental loss or deterioration of the goods. This does not apply if the customer exercises their statutory right of withdrawal by refusing acceptance.
e) Delivery Time
Unless otherwise explicitly agreed, delivery will be made within 5 days. For advance payments, the delivery period begins the day after the payment order is issued to the transferring bank. The period ends on the fifth day thereafter. If the final day falls on a Saturday, Sunday, or public holiday at the place of delivery, the period ends on the next working day.
§ 3 Payment
a) Prices and Shipping Costs
Payment must be made in advance. All prices include VAT and exclude packaging and shipping costs, unless collection at Shtox Production UG’s place of business in Mörfelden-Walldorf has been agreed.
b) Payment Methods
Customers may pay via PayPal, credit card, or bank transfer.
c) Payment Default
Customers are in default if payment is not received by Shtox Production UG within two weeks of receiving the invoice. In the event of default, interest of 5 percentage points above the European Central Bank base rate will be charged, or 8 percentage points for non-consumer transactions. If the customer is in default, Shtox Production UG may charge a reminder fee of €2.50. The right to claim further damages remains unaffected. The customer may prove that Shtox Production UG incurred no or only minimal damage.
d) Right of Retention
The customer may only exercise a right of retention for counterclaims that are due and based on the same legal relationship as the customer’s obligation.
§ 4 Retention of Title for Business Customers
a) General
The delivered goods remain the property of Shtox Production UG until full payment has been received. The customer must treat the goods with care. Any claims for compensation received by the customer for damage, destruction, or loss of the goods are assigned to Shtox Production UG. In the event of breach of contract, especially payment default, Shtox Production UG may reclaim the goods, which constitutes withdrawal from the contract.
b) Seizure and Other Interference
If the reserved goods are seized or otherwise affected by third parties, the customer must notify Shtox Production UG immediately so that legal action under § 771 ZPO can be taken. If the third party cannot reimburse court and out-of-court costs under § 771 ZPO, the customer is liable for the loss incurred by Shtox Production UG.
c) Repossession
In case of contract breach, especially in the event of insolvency proceedings, Shtox Production UG may repossess the goods. This does not constitute contract withdrawal unless explicitly declared in writing.
d) Extended Retention of Title for Resale
The customer is entitled to resell the reserved goods in the course of business. They hereby assign to Shtox Production UG, as collateral, their future claims arising from the resale to third parties up to the amount of the final invoice, including VAT.
e) Release of Collateral
If the value of the collateral exceeds the value of the secured claims by more than 10%, Shtox Production UG is obliged to release the excess upon request.
§ 5 Retention of Title for Consumers
The delivered goods remain the property of Shtox Production UG until full payment is received. The customer must treat the goods with care. Any claims for compensation received for damage, destruction, or loss are assigned to Shtox Production UG. In the event of breach of contract, particularly payment default, Shtox Production UG is entitled to repossess the goods. This constitutes a withdrawal from the contract.
§ 6 Warranty
Statutory warranty rights apply to all products sold by Shtox Production UG through this shop.
a) Warranty Claims
Warranty claims only arise concerning the actual characteristics of the goods. Reasonable aesthetic deviations do not constitute a defect.
b) Transfer of Risk
The risk of accidental loss or deterioration transfers to the customer upon delivery.
c) Notification
If the customer notices damage to the outer packaging or the goods themselves after delivery, Shtox Production UG requests that they report this. However, such notification is not mandatory and does not affect the customer’s warranty rights.
d) Supplementary Performance
If the goods are defective, the customer may request repair or replacement. If the defect is not resolved after two attempts, the customer has the right to a price reduction or contract withdrawal.
e) Minor Defects
For insignificant defects, the customer is only entitled to a reasonable reduction in price, not contract withdrawal.
f) Damages for Defects
No warranty is provided for damage resulting from improper use. Damages for product defects will only be granted in cases of intent or gross negligence. This exclusion does not apply to injury to life, body, or health. The Product Liability Act remains unaffected.
g) Warranty for Business Customers
For business customers, different terms apply: Shtox Production UG may choose whether to repair or replace. Risk transfers to the customer when handed over to the carrier. Claims expire one year after this transfer of risk.
h) Duty to Notify Defects (Businesses)
Obvious defects must be reported immediately in writing. Otherwise, the right to warranty is forfeited. Timely dispatch is sufficient to meet the deadline. The burden of proof for all claim prerequisites lies with the business customer.
§ 7 Liability
a) Limitation of Liability
Shtox Production UG, its legal representatives, and agents are liable only for intent or gross negligence. In cases of slight negligence, liability applies only to essential contractual obligations, limited to foreseeable, typical, and direct damages. For non-consumer customers, liability for gross negligence of non-essential duties is also limited as above.
b) Exclusions
This limitation does not apply to liability for injury to life, body, or health. Product Liability Law remains unaffected.
§ 8 Final Provisions
a) Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is the business location of Shtox Production UG in Mörfelden-Walldorf, if the customer is a merchant, legal entity under public law, or has no jurisdiction in Germany.
b) Governing Law
Unless mandatory legal provisions from the customer’s country contradict this, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
c) Severability Clause
If individual provisions of these T&C are invalid, the remaining provisions shall remain in effect.
§ 9 Copyright
All rights reserved. All texts, images, graphics, audio, video, and animation files and their arrangements are subject to copyright and other intellectual property laws. They may not be copied, altered, or used on other websites for commercial purposes or distribution.