Terms of service
§ 1 Scope of Application, Subject Matter, and Conclusion of the Respective Contract
1. The following terms and conditions conclusively govern the contractual relationship between STOCK & STEIN GmbH, Elsper Str. 36, 57368 Lennestadt (hereinafter referred to as the "Seller"), and the respective customer.
2. These General Terms and Conditions apply exclusively. Terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not be recognized unless the Seller has expressly agreed to them in an individual case.
3. They apply to both consumers and entrepreneurs. For the purposes of these General Terms and Conditions, a consumer is any natural person who places an order for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when placing an order.
4. The subject matter of the respective contract is the sale of goods by the Seller to the customer.
5. The customer may place an order for goods via the Seller's website. After submitting the order, the customer receives an order confirmation listing their details and the order itself. This order confirmation does not yet constitute acceptance of the contract. If the Seller accepts the offer, the buyer will receive a declaration of contract acceptance or a shipping confirmation from the Seller within two days. If the customer does not receive such a declaration within this period, they are no longer bound by their order.
6. The text of the contract and the General Terms and Conditions will be sent to the customer by email after the order is placed. Furthermore, customers who have created a customer account may view their respective orders via their account at any time after the contract has been concluded.
7. The contract is concluded exclusively in the German language. German law applies, provided the customer is a merchant (*Kaufmann*). 8. All prices are stated as gross prices in euros.
§ 2 Execution of the Purchase Contract, Shipping Costs
1. The customer bears the shipping costs from the seller's place of business, in accordance with the shipping cost schedule valid at the time of the order.
2. The purchase price may be paid via PayPal, credit card, prepayment, or direct debit.
3. Once a contract has been concluded, the seller is obliged—in the event of payment via PayPal, credit card, or direct debit—to dispatch the goods to the buyer by mail without undue delay following receipt of the full purchase price, unless the seller has indicated different delivery times for the specific item. Partial deliveries are permissible provided they are reasonable for the buyer.
4. The seller is entitled to withdraw from the contract if, despite having previously concluded a corresponding procurement contract, the seller does not receive the subject matter of the performance; the seller's liability for willful misconduct or negligence remains unaffected. In such a case, the seller will inform the buyer immediately of the unavailability and promptly refund any payment already made by the buyer. In this event, the seller reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of such equivalent goods.
6. By accepting the General Terms and Conditions, the customer declares that they have reached the age of 18 and thus possess legal capacity; alternatively, if the customer has not yet reached the age of 18, they declare by accepting the General Terms and Conditions that they have reached the age of 7 and have obtained the consent of their legal representative prior to the ordering process. The seller reserves the right to hold the customer liable for any damages incurred as a result of incorrect age or address information or orders placed in bad faith (e.g., prank orders).
7. Where the transaction constitutes a commercial transaction between merchants within the meaning of the German Commercial Code (HGB), the customer shall inspect the ordered goods immediately upon delivery. This applies in particular to the completeness of the goods and their functionality. Any defects discovered during this inspection, or which are readily apparent, must be reported to the seller without delay. A detailed description of the defects must be included. If the buyer fails to provide such notification, the goods shall be deemed accepted, unless the defect is one that was not detectable during the inspection.
8. Defects in the goods that cannot be detected during a proper inspection pursuant to Paragraph 6 must be reported to the seller immediately after upon their discovery, provided the transaction is a commercial transaction for both parties; otherwise, the goods shall be deemed approved with respect to this defect as well.
§ 3 Warranty and Liability
1. In principle, the Seller is liable for defects in the goods in accordance with the statutory provisions governing sales law (§§ 434 et seq. BGB [German Civil Code]) and—if the Customer is a consumer—the law governing the sale of consumer goods (§§ 474 et seq. BGB), unless otherwise stipulated in these General Terms and Conditions.
2. If the Customer is an entrepreneur, the warranty period for rights arising under § 437 Nos. 1 and 3 BGB regarding new items shall be one year from the statutory commencement of the limitation period, notwithstanding § 438 Para. 1 No. 3 BGB. For consumers, the statutory warranty period of two years applies in the case of § 438 Para. 1 No. 3 BGB.
3. If the Customer is an entrepreneur, the warranty for used items is excluded. With respect to consumers, the warranty period for rights arising under § 437 Nos. 1 and 3 BGB regarding used items is reduced to one year from the statutory commencement of the limitation period, notwithstanding § 438 Para. 1 No. 3 BGB.
4. In principle, the Seller is not liable for damages caused by simple negligence.
5. The limitations of liability set forth in the preceding paragraphs 2, 3, and 4 do not apply to damages resulting from injury to life, body, or health, to cases of fraudulent concealment of defects, to claims under the Product Liability Act, to cases of willful intent or gross negligence, or to the breach of obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely. § 4 Retention of Title, Transfer of Risk, and Default
1. The delivered goods remain the property of the Seller until payment has been made in full.
2. If the Customer is a business (entrepreneur), the risk passes to the Customer upon handover of the goods to the carrier in the case of a sale involving shipment. For consumers, the risk does not pass until the goods are handed over to the Customer.
3. A Customer who is not a consumer falls into default if payment is not made within 30 days of the due date. Consumers also fall into default within 30 days of the due date, provided they have been notified of this consequence in the invoice or payment request.
§ 5 Final Provisions
1. These General Terms and Conditions and any purchase contract concluded hereunder shall be governed exclusively by German law, excluding the UN Sales Convention (CISG), if the Customer is not a consumer.
2. If the parties are merchants (registered traders), the place of jurisdiction for all disputes arising from or in connection with this contract shall be the city where the Seller has its registered office.
3. Should one or more clauses of these Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.
4. The EU Commission’s online dispute resolution platform can be found here:
http://ec.europa.eu/consumers/odr/
Our email address is: info@stockundstein.de
AS OF: 12 June 2026