General Terms and Conditions

 

1. General

These General Terms and Conditions shall govern all contracts, shipments, and miscellaneous services. They shall supersede any deviating (general) terms and conditions of the contractual partner. Additional agreements will have to be approved by us in writing.
The Ideenstube may at any time within a reasonable period of notice change, alter or modify these General Terms and Conditions including all potential appendices. Orders received previous to these changes or amendments shall be treated under the old but in these cases still valid General Terms and Conditions.

 

2. Offered Goods

Our offers are without engagement. Minor variations and technical alterations from our images or specifications are possible.

 

3. Payment and Shipment

We have a minimum order value of 35.00 Euro. All prices are quoted inclusive of VAT of currently 19 %. We may deliver by instalments, if this appears to be advantageous for fast and efficient delivery. Customary additional charge shall be added, if buyers request nonstandard shipping methods.

INTERNATIONAL DELIVERY
Please understand that international delivery can only take place against prepayment of the amount invoiced into our account.

PREPAYMENT:
After your order has been recorded by us, we will send you an e-mail with the amount invoiced for payment, including precise shipping cost to your country. Please deposit this amount within 10 days into our account: IDEENSTUBE Wörmeyer – Bank: Kreissparkasse MELLE, Mühlenstr. 28, 49324 Melle, Germany – IBAN: DE 62 265 522 86 0000 644732 – SWIFT-No. or BIC-Code: NOLA DE 21 MEL.

We will dispatch your goods immediately after receipt of payment.
If no bank transfer is made during this period of time, your order will be cancelled.

Our dolls and teddy bears are unique! They may be subject to minor modifications in shape and colour. In part this may be due to typographical reasons. If the fabrics of the depicted handicraft kits are no longer being manufactured, we will use similar alternative fabrics. Prices are subject to change due to errors and unforeseeable increase in our supplier’s prices.

 

4. Delivery Time

Stocked goods will be shipped within 5 days. If goods are not in stock at the time of order, we are trying to ship as quickly as possible. We will extend the delivery time adequately if any failure in delivery or performance deadline should occur due to force majeure, industrial conflict, unforeseeable hindrances or any other causes beyond our control. Should other then the above mentioned reasons lead to a failure to meet the delivery deadline, then the buyer is authorised to set, in written form, an adequate extension of time with an ensuing refusal to accept delivery or performance.

The buyer has the right to withdraw from the contract, should his set time limit regarding delivery or performance of the contract expire unsuccessfully. If the impossibility to deliver is due to the inability of the manufacturer or our supplier, then we as well as the buyer are authorised to withdraw from the contract, provided that the agreed delivery date has been exceeded for more than 2 months.

Claims for compensation on account of expiration of delivery time or impossibility or non-fulfilment, respectively, are excluded, even if emerged up to the point of withdrawal from the contract. Unless a legal representative of the company Ideenstube has acted deliberately or wantonly negligently.

 

5. Right to Return Goods

We guarantee you a right to return unimplemented goods within 14 days after receipt of the goods. The time limit is retained by dispatching the goods within the time limit.

Ideenstube bears all costs and risks of the reshipment, irrespective of the value of the goods and their possible defectiveness.

 

6. Passing of Risk

6.1
If the buyer is entrepreneur, then the risk of accidental loss and accidental impairment of the goods is passed onto the buyer at the moment the seller hands over the goods to the buyer; in the case of delivery by mail the risk passes onto the buyer at the moment the seller hands over the goods to the carrier, shipper or any person or institution designed to carry out the delivery.

6.2
If the buyer is a consumer, then the risk of accidental loss and accidental impairment of the sold goods is only passed onto the buyer at the moment the goods are actually received by the buyer.

6.3
Delivery shall be deemed to have occurred in the event that the customer is in default of acceptance.

 

7. Warranty

Ideenstube warrants that the goods are, at the time of the passing of the risk, free from defects in material and manufacture and correspond to the contractually guaranteed characteristics. The warranty will be issued for two years beginning from delivery.
The warranty shall not apply to usual wear and tear. The warranty will expire if the customer alters the delivered goods.
In case of deficiencies Ideenstube will, at client’s option, either eliminate the deficiencies or make a subsequent delivery of new goods, unless the type of supplementary performance will lead to disproportional expenses for Ideenstube. If amendments, having been done twice, will not lead to the elimination of the deficiency, if Ideenstube is unwilling or unable to mend or deliver subsequently, if amendments or subsequent delivery remain undone within a reasonable time, or if the supplementary performance fails due to other reasons, then the client is authorised, at his option, to withdraw from the contract or to reduce the purchase price (price reduction).

 

8. Retention of Title

Pending payment in full the property in the goods will remain with the company Ideenstube.

 

9. Data Storage

Pursuant to § 28 Federal Data Protection Act (Bundesdatenschutzgesetz, abbr. BDSG) we would like to point out that data necessary for the business will be processed and stored in computerized form pursuant to § 33 (BDSG). Personal data will certainly be kept in confidence.

 

10. Place of Fulfillment and Place of Jurisdiction

If the contractual partner is merchandiser within the meaning of the Commercial Code (Handelsgesetzbuch, abbr. HGB), or legal body under public law or special fund under public law, or has no place of general jurisdiction in Germany or his domicile or common residence is not known at the time of commencement of legal proceedings, then the exclusive place of jurisdiction of all lawsuits related to the contractual relationship as well as the place of fulfillment for payment, delivery and performance will be at the place of Ideenstube.

 

11. Applicable Law

German law shall apply to the exclusion of United Nations Convention on Contracts for the International Sale of Goods.

 

Status: January 2009

 

Ideenstube Online-Shop
Jutta Wörmeyer
Ravensberger Str. 29, D-33824 Werther, Germany
Phone +49-5203-883544 and Fax +49-5203-883546