Terms and Conditions

General Terms and Conditions for Consumers

General Terms and Conditions (GTC) of Stimio GmbH

1. Scope

We will process your order in accordance with our General Terms and Conditions valid at the time of the order. Our General Terms and Conditions in their current version are available on our website www.stimio.com under the heading "General Terms and Conditions" and via a direct link at the bottom of each individual page. These General Terms and Conditions in the version valid at the time of the order apply to all business relationships between Stimio GmbH and its customers with regard to the goods and services offered by the seller in its web shop.

2. Conclusion of contract

You can order from us by phone or via our homepage (Internet). For orders placed by phone without specifying the method of payment, we reserve the right to send the goods cash on delivery (see below).

Our offers on our homepage (Internet) are non-binding and subject to change. You can select products from our range in the desired quantity and collect them in a so-called shopping cart using the "add to shopping cart" button. You can change and view the data at any time before submitting the order. By clicking the "order with payment" button, you submit a binding offer to conclude a purchase contract for the purchase of the product in question. Immediately after receiving an offer, we will send you a confirmation of receipt of the offer, which does not yet constitute acceptance. We are then entitled to accept your offer within 14 calendar days by sending an order confirmation (by post or email) or by sending the ordered goods to you. Your order is only considered accepted when we have accepted it by order confirmation or you have received the goods. We are not obliged to accept an offer. If we do not accept your offer within 14 calendar days, the offer is deemed to have been rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
A password required for an order must not be passed on to third parties. If you pass it on, you are also responsible for the third party's orders. You are responsible for all orders made with your password and any resulting claims.
Our offer is aimed at end consumers. Therefore, only orders in normal household quantities are accepted.

3rd delivery

We ship goods marked as "immediately available" by standard delivery no later than the 5th working day (the day on which we hand over the goods to the shipping company is decisive) after

a) the day of receipt of the full purchase price including VAT and shipping costs, if delivery against advance payment has been agreed, or

b) the day on which the purchase contract is concluded if payment by cash on delivery, invoice or credit card has been agreed.

We generally assume that delivery of goods to addresses within the Federal Republic of Germany will take approximately 1 to 3 working days.

If, in exceptional circumstances, an item cannot be delivered or cannot be delivered quickly, we will inform you of the delivery date as soon as possible, or alternatively that the delivery cannot be made. We reserve the right to make a partial delivery if this appears to be advantageous for a quick processing and is reasonable for you. If a partial delivery is made, we will of course cover the additional shipping costs. This will not incur any additional costs for you.
If we are unable to deliver the goods you have ordered through no fault of our own, we expressly reserve the right to withdraw from the contract.

4. Cancellation policy

beginning of the cancellation policy

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity:

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you

• has taken possession of the goods if you have ordered one or more goods as part of a single order and the goods are delivered as a single item or

• has taken possession of the last goods if you have ordered several goods as part of a single order and the goods are delivered separately or

• has taken possession of the last partial shipment or the last item if you have ordered goods that are delivered in several partial shipments or items.

If several of the above options apply, the cancellation period only begins when you or a third party named by you, who is not the carrier, has taken possession of the last goods or the last partial delivery or the last item.

To exercise your right of withdrawal, you must
Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany
Phone number: +49 7031 4101999
Email: support@stimio.com

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form below, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery 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 repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the 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 cancelled 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 only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

end of the cancellation policy

--

sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back)

To: Stimio GmbH, Nikolaus-Lenau-Plazu 24-25, Germany, email: support@stimio.com
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 as appropriate.



We ask you to use the enclosed return forms and the original box for the return and to fill out the return slip completely, although this is not a prerequisite for the effective declaration of cancellation.

exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

• for the supply of goods which 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;
• for the delivery of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;

• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

• for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.

Premature expiration of the right of withdrawal

The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312 g Paragraph 2 No. 3 BGB (new version));

• for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.


5. Prices

All prices quoted are in Euros and include VAT. Postage and shipping costs are added as shown in the list below under item 6. The prices listed in the offer at the time of the order apply.

6. Shipping costs

Here you can find all information about shipping costs for deliveries within the Federal Republic of Germany:

The shipping costs are generally EUR 4.90. These are charged for every delivery!
In particular, the shipping costs for cash on delivery are EUR 10.95.

7. Terms of payment

We generally accept payment by invoice (exclusively for existing customers), Paypal, instant bank transfer, credit card, advance payment or cash on delivery if your place of residence is within Germany.
However, we reserve the right not to offer certain payment methods for each order and to refer you to other payment methods. If you live outside of Germany, payment is only possible by credit card, PayPal (information on the countries in which payment via PayPal is possible can be found at www.paypal.de), instant bank transfer (information on the countries in which instant bank transfer is possible can be found at www.payment-network.de) or advance payment.

a) Payment by invoice, installment payment and SEPA direct debit
Additional general terms and conditions (GTC) for purchase on account or installment payments or SEPA direct debit from Stimio GmbH can be found under the following link: https://payment.payolution.com/payolution-payment/infoport/termsandconditions?territory=DE&mId=QmVzdEVmZmVjdCBHbWJI

b) Paypal
Paypal is an online payment service from PayPal (Europe) S.à rl & Cie, SCA, which offers a real-time payment solution. To use Paypal, you need a Paypal account where you can store your bank or credit card details so that you do not have to enter them again for each purchase. With Paypal, you can then pay very easily by entering your email address and password. Your Paypal account will be charged directly with the corresponding amount and you will receive an order confirmation by email. As soon as the goods are packaged, you will receive a shipping confirmation in which the items sent are listed again. For more information, see www.paypal.de.

c) Payment by credit card
We accept VISA and EURO/MASTERCARD credit cards. Tell us the card number, the card verification number (KPN)* and the expiry date of the card. When the invoice is issued, your card account will be debited with the invoice amount. *The card verification number (KPN) can be found on the back of the VISA and EURO/MASTERCARD credit card. It consists of a three-digit number code and follows the 16-digit card number.

d) Payment in advance
After you have placed your order, we will send you an email with our bank details and your personal intended purpose. Please only make the transfer after you have received our email. Once the full purchase price, including VAT and shipping costs, has been received in our account, your order will be shipped.

e) Cash on delivery
Payment is made directly to the deliverer upon delivery of the goods. For deliveries within the Federal Republic of Germany, there are no additional charges in addition to the shipping costs shown in section 6.

f) Delay
If you fall behind on your payments, we reserve the right to charge you statutory default interest.

g) Processing costs for returned direct debits

If there are insufficient funds in the account, we will incur what are known as "chargeback costs". For each chargeback, we incur costs of EUR 5.00. This amount must be paid to us by the customer as a flat-rate compensation.

h) Klarna's payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from dispatch of the goods. You can find the invoice terms here.
Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. You can find more information about installment purchase, including the general terms and conditions and the European standard information for consumer credit, here.

Instant bank transfer: Your account will be debited immediately after you place your order.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.


8. Warranty

The warranty is based on the legal provisions. All products offered are shipped within the minimum shelf life. In the event of a complaint, we ask for proof of the purchase date by means of an invoice and sending the complained item together with a copy of the invoice to:

Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany
Email: support@stimio.com

However, compliance with these formalities is not a prerequisite for the existence of any warranty claims.

9. Care/Use

Please note the instructions that you will find on the labels of the articles/products or in the operating instructions.
 
Medicines should be stored carefully and out of the reach of children. Package inserts and instructions for use should be followed.
Dietary supplements are not a substitute for a varied and balanced diet and a healthy lifestyle.
We participate in a dual system for the sales packaging placed on the market by our company in Germany.

10. Retention of title; offsetting; right of retention

a) We reserve title to the purchased item until the invoice amount has been paid in full.
b) You only have the right to set off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.


11. Data Protection / Personal Data
You can find our privacy policy here: https://stimio.com/Informationen/Datenschutz/


12. Disclaimer

12.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.
12.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
12.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
12.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
12.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

13. Claims for Defects
The product images do not always have to match the appearance of the products delivered. In particular, changes in the appearance and features of the products may occur after manufacturers renew their product ranges. Claims for defects do not apply insofar as the changes are insignificant and reasonable for the customer.

14. Applicable Law

All disputes arising from or in connection with this agreement shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
 
In the case of contracts concluded for a purpose which cannot be attributed to the professional or commercial activity of the beneficiary (contracts with consumers), this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the state in which the consumer has his or her habitual residence.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, Nuremberg is agreed as the exclusive place of jurisdiction.
 
15. Alternative dispute resolution
EU Commission platform for online dispute resolution: https://www.ec.europa.eu/consumers/odr
We will endeavour to resolve any disagreements arising from our contract amicably.
Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer participation in such a procedure.
 
16. Provider information
Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany

Bank details:
Name of the recipient: Stimio GmbH
IBAN: DE02600400710210480000
BIC: COBADEFFXXX
Name of the bank: Commerzbank

logistics center:
Stimio GmbH
Nikolaus-Lenau-Platz 24-25
71067 Sindelfingen
Germany