Who we are
Christopher Böhm and Henning Spier GbR
Erich-Weinert-Str. 134th, 10409 Berlin
Our website address is: https://thestacky.de.
General terms and conditions for the sale of products from the
STACKY program (as of Jan. 2013)
§ 1 Scope
(1) These Terms and Conditions shall apply exclusively to public
institutions, entrepreneurs and tradesmen as well as legal entities of the
public law or special funds under public law within the meaning of § 310 (1)
BGB. Any terms and conditions deviating from or conflicting with these terms and conditions
We shall only accept the customer’s terms and conditions of business if we have expressly agreed to them in writing.
agree to the validity. This shall apply even if, despite knowledge of contrary or
deviating terms and conditions of the Purchaser, deliveries shall be made without reservation.
(2) These terms and conditions shall also apply to all future transactions with the
Purchaser, insofar as legal transactions of a related nature are concerned.
§ 2 Conclusion of contract and formal requirements
(1) Orders/orders shall only become binding for us upon receipt of our written
All offers are subject to change without notice until then.
(2) All types of declarations regarding the conclusion, execution, amendment and
termination must be made in writing. Verbal agreements shall only become effective if you
be confirmed in writing within one week. A waiver of the formal requirements
shall only become effective if it is agreed in writing.
§ 3 Prices, Terms of Payment, Retention of Title
(1) Bei allen Preisen handelt es sich um Netto-Preise, hinzu kommen Shipping costs and the
value added tax at the applicable rate. The prices are ex stock.
(2) For shipments within Germany we charge a packaging and shipping fee.
Shipping costs flat rate of 17, – € per order, regardless of the number of
Packages. This flat rate is also applied when ordering small, inexpensive
spare parts and replaces the otherwise usual shortage surcharge. Partial deliveries
we reserve the right.
For shipments to Austria we have to pay shipping costs of 22,- € for packages up to 10 kg
charge and 32,- € for parcels up to 20 kg. The shipment will be made by DHL. Our offer
will include the cheapest shipping method.
For shipments to Switzerland we have to pay shipping costs of 30,- € for parcels up to 5 kg
charge 35,- € for parcels up to 10 kg and 40,- € for parcels up to 20 kg. This applies to the
Order STACKY and/or accessories. Shipping costs for other goods will be
calculated individually according to dimensions and weight. Our offer will be the most favorable
Shipping method include. As a rule, for STACKY and / or accessories, since they are
preferential originating goods from Germany, no customs duty is levied.
(3) The prices valid on the invoice date shall apply.
(4) All deliveries are made only after prepayment. The invoices are complete and
without deduction. The payment of the invoice has to be made exclusively to the account of the
Buchholz & Sünderhauf GbR. Until full settlement, the goods remain
the property of Buchholz & Sünderhauf GbR.
(6) Claims for payment are to be settled within 10 days of the invoice date at the latest.
Access of the invoice to fulfill. If the invoice receipt is uncertain, the period begins with
the delivery of the goods. After the expiry of this period the customer is automatically in
(7) In the event of default in payment, the statutory default interest of 8 percent above the
Prime rate. For the 1st reminder we charge a reminder fee of 5,- € for the 1st reminder.
reminder level, 10,- € for the 2nd reminder level and 15,- € for the 3rd reminder level. The assertion
of a higher damage caused by delay remains unaffected.
(8) The Purchaser shall only be entitled to claims of retention and set-off if its
counterclaims are undisputed, acknowledged by us or have been legally established
and may only be exercised if the counterclaim arises from the same
contractual relationship originates.
§ 4 Delivery time
(1) All information on delivery dates, deadlines and quantities are only valid from the date of dispatch of the
order confirmation by us is binding. Excluded from this is the failure to comply with the
delivery deadline due to force majeure or other unforeseeable events, even if
these events occur at our suppliers. However, we undertake to inform the customer
in this case without delay. A within the scope of the General Terms and Conditions of the Purchaser
The lump-sum compensation for delay or contractual penalty provided for in the
recognized. We reserve the right to make partial deliveries.
(2) Der Beginn der von uns angegebenen Lieferzeit setzt die rechtzeitige und
proper fulfillment of the obligations of the purchaser. The plea of not
fulfilled contract remains reserved.
(3) Our products are kept as stock items. If an article is in the
reprocurement, this can lead to delivery times of up to 4 weeks.
(4) If the Purchaser is in default of acceptance or culpably violates any other
obligations to cooperate, we shall be entitled to compensation for the damage incurred by us in this respect,
including any additional expenses. Further claims
remain reserved. Provided that the above conditions are met, the risk of a
accidental loss or accidental deterioration of the object of purchase in the
shall pass to the customer at the point in time at which the customer defaults on acceptance or payment.
(5) In the event of a delay in delivery by Buchholz & Sünderhauf GbR, the Purchaser shall remain
obliged to grant a reasonable period of time for performance or subsequent performance. More
statutory claims and rights of the purchaser due to a delay in delivery remain
§ 5 Transfer of risk in case of shipment
(1) If the goods are shipped to the Purchaser at the Purchaser’s request, the dispatch of the goods shall constitute
to the purchaser, at the latest when the goods leave the warehouse, the risk of accidental loss
or the accidental deterioration of the goods shall pass to the customer. This applies regardless
whether the goods are shipped from the place of performance or who bears the freight costs.
§ 6 Warranty, notice of defects and liability as well as recourse/manufacturer recourse
(1) The Purchaser’s warranty rights shall require that the Purchaser has fulfilled its obligations under § 377.
HGB (German Commercial Code) and the duties to examine and give notice of defects.
has been complied with. If the purchaser receives a recognizably damaged or incomplete
delivered, the customer must report any defects to the supplier no later than 3 working days after receipt of the goods.
Notification of defects in writing to Buchholz & Sünderhauf GbR. Within this time
functional checks must also be carried out. After the expiry of this period for lodging a complaint
material defect claims are no longer recognized.
(2) Claims for defects shall become time-barred 12 months after the transfer of risk. Before any
return of the goods, our consent must be obtained. In the return of delivered
goods by us does not constitute a withdrawal from the contract, unless Buchholz & Sünderhauf
GbR would have expressly stated this in writing.
(3) If, despite all the care taken, the delivered goods show a defect which is
already existed at the time of the transfer of risk, we shall deliver the goods, subject to
timely notice of defect, we may either repair the defect or deliver replacement goods. It is
to always give us the opportunity for subsequent performance within a reasonable period of time.
Claims under a right of recourse shall remain unaffected by the above provision without restriction.
(4) If the supplementary performance fails, the Purchaser may, without prejudice to any claims for damages,
withdraw from the contract.
(5) There shall be no claims for defects: In the event of insignificant deviations from the
agreed condition, in the case of insignificant impairment of the usability, in the case of
natural wear and tear as in the case of damage occurring after the transfer of risk.
as a result of faulty or negligent handling, excessive strain or
due to special external influences which are not assumed under the contract.
are. If the purchaser or a third party carries out improper repair work or
changes have been made, there is no liability for these and the resulting consequences.
likewise no claims for defects.
(6) The associated warranty conditions shall apply exclusively to any warranties issued.
(7) Buchholz & Sünderhauf GbR shall be liable for intentional breaches of contract. In case
gross negligence or culpable breach of an essential contractual obligation, the
Liability for damages limited to the foreseeable, typically arising damage
limited. In all other respects liability is excluded, with the exception of liability for
Damages resulting from injury to life, body or health as well as the
Liability under the Product Liability Act. Expressly excluded is the liability
in the event of damage resulting from an intentional or negligent breach of duty by the user
or an intentional or negligent breach of duty by a legal representative.
or vicarious agents of the user.
(8) We shall not be liable for the completeness or correctness of the information on our
Website. Errors excepted. Furthermore, we are not liable for the content of third-party websites,
which can be accessed via the links on our site.
§ 7 Data protection
(1) All data provided to us by the customer for the purpose of processing the contract,
we store only for this purpose. The data will not be passed on to third parties.
§ 8 Miscellaneous
(1) These Terms and Conditions and the entire legal relationship between the Parties are subject to the
Law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of these
Our place of business is the place of delivery, unless otherwise stated in the order confirmation.
(3) Should individual provisions of these terms and conditions be or become invalid or
contain a loophole, the remaining provisions shall remain unaffected thereby. The parties
undertake to replace the invalid provision with a legally permissible provision.
The invalid provision is to be replaced by a provision that most closely approximates the economic purpose of the invalid provision.
comes closest, or fills this gap.
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