General terms and conditions of business
General terms and conditions of business
Provider:
newstyle Vermögensverwaltung UG (limited liability)
Managing Director: Colshorn, Christopher
Neue Weinsteige 20
70180 Stuttgart
Phone: 0049-15251434488
Email: info@my-newstyle.com
- hereinafter referred to as "Newstyle UG" -
§ 1 General/Validity
(1) All deliveries, services, and offers (including digital content) from Newstyle UG are made exclusively on the basis of these General Terms and Conditions of Delivery. These terms and conditions form an integral part of all contracts concluded by Newstyle UG with its contractual partners (hereinafter also referred to as the "customer") regarding the deliveries or services it offers. They also apply - provided the customer is an entrepreneur within the meaning of paragraph 3, sentence 2 - to all future deliveries, services, or offers to the customer, even if they are not separately agreed upon again.
(2) Terms and conditions of the customer or third parties shall not apply, even if Newstyle UG does not specifically object to their validity in individual cases. Even if Newstyle UG refers to a letter containing or referring to terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
(3) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Regulations and information on the conclusion of the contract
(1) General
All offers from Newstyle UG merely represent a non-binding invitation to submit offers by the customer.
(2) Technical steps leading to the conclusion of the contract and the formation of the purchase contract
a) Order via the online shop
https://apheum.com
To order one or more items through the online shop, the items must first be reserved for order by clicking on the "Shopping Cart" link or button. In the "Shopping Cart" (which can be accessed at any time via a link in the shop's offerings), the customer is then guided through the ordering process, with each step explained and the required information requested.
The order process is completed when the customer finally clicks on “order with payment” / “ order with payment” / “conclude a payment contract” / “buy” / “buy now” .
This constitutes the customer’s offer to conclude the contract, which Newstyle UG can accept within two working days.
Acceptance of the offer by Newstyle UG takes place - after sending an order confirmation - by separate order confirmation or delivery of the goods.
The purchase contract is concluded upon acceptance by Newstyle UG.
Notwithstanding the above, the contract is concluded before the order confirmation is sent if either the order confirmation contains a request for payment or if the payment process is initiated and completed during or immediately after completion of the order process.
b) Order by phone, email or letter
If expressly offered in the online shop, the contract is concluded when the customer orders by phone, email, or letter as follows:
The customer declares verbally or in writing their binding intention to purchase precisely named items from the online shop. This constitutes the customer's offer to conclude the contract, which Newstyle UG can accept within five days of receipt.
Newstyle UG accepts the offer by sending the delivery confirmation or by delivering the goods. This concludes the purchase contract.
(3) Storage and access to the contract text
Newstyle UG saves the contract text and sends the order details and the contract terms to the customer via email. This allows Newstyle UG to provide the customer with the opportunity to access the contract terms upon conclusion of the contract and save them in a reproducible format. Access to the contract texts stored by Newstyle UG – with the exception of the freely accessible General Terms and Conditions – is only available to registered customers via their customer account.
(4) Detection and correction of input errors
In order to detect and prevent input errors during the ordering process, the customer is shown an overview page for checking before the effective order, with the help of which he can check all details of the order and correct the entered data in the input fields themselves or by using the "Back" button of the Internet browser.
(5) Available languages
The contract language is German.
§ 3 Prices and payment conditions
(1) The prices displayed at the time of the order apply. Packaging and shipping costs, if applicable, will be charged separately and notified to the customer in a timely manner. In the case of orders from abroad, it cannot be ruled out that your bank or country may charge costs or taxes unknown to Newstyle UG, such as (import) duties or payment processing fees. These are not costs that are paid or invoiced through Newstyle UG.
(2) Newstyle UG accepts all payment methods listed on the website. Newstyle UG will issue an invoice to the customer for the ordered goods, which will be sent to the customer in text form no later than upon delivery of the goods. is sent.
The total purchase price of the ordered goods is payable according to the selected payment method.
(3) Cheques shall only be deemed payment once they have been cashed.
(4) Newstyle UG is entitled to provide deliveries or services to entrepreneurs only against advance payment or the provision of security.
§ 4 Packaging and shipping costs, transfer of risk
Packaging and shipping costs, if any, will be communicated to the customer in good time before the order process is initiated.
Regulations for entrepreneurs
(1) The risk shall pass to the customer at the latest upon handover of the delivery item (the start of the loading process being decisive) to the freight forwarder, carrier, or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or if Newstyle UG has undertaken other services (e.g., shipping or installation). If shipping or handover is delayed due to circumstances attributable to the customer, the risk shall pass to the customer from the day on which Newstyle UG is ready to ship and has notified the customer of this.
(2) The shipping method and packaging are subject to the due discretion of Newstyle UG.
(3) The customer shall bear the storage costs after the transfer of risk. If storage is carried out by Newstyle UG, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per completed week. The right to assert and provide evidence of additional or lower storage costs remains reserved.
(4) Newstyle UG will only insure the shipment against theft, breakage, transport, fire and water damage or other insurable risks at the express request of the customer and at his expense.
§ 5 Delivery and delivery times
Regulations for consumers
(1) The delivery of goods to the customer is carried out by third-party providers (delivery services). For shipments by freight forwarding, the agreed place of performance is "curbside delivery," meaning delivery is made to your front door, at ground level, without steps.
(2) Delivery times can be found either in the product description or in the shipping information available separately in the shop.
(3) Partial deliveries are possible if the customer
a) our cancellation policy has informed us of this possibility and the resulting consequences for the right of cancellation and
b) does not clearly have any interest in them or they are clearly unreasonable for him. Reasonableness is given if
– the partial delivery can be used by the customer within the scope of the contractually intended purpose,
– the delivery of the remaining ordered goods is ensured and
– This does not entail any significant additional expenditure or additional
Costs arise or the seller agrees to cover these costs.
(4) The costs for transport and packaging, if any, shall be charged only once for partial deliveries.
Regulations for entrepreneurs
(1) Deliveries are made from 70180 Stuttgart.
(2) Deadlines and dates for deliveries and services promised by Newstyle UG are always approximate, unless a fixed deadline or date has been expressly promised or agreed upon. If shipment has been agreed upon, delivery deadlines and dates refer to the time of handover to the freight forwarder, carrier, or other third party commissioned with the transport.
(3) Newstyle UG may – without prejudice to its rights arising from the customer’s default – request from the customer an extension of delivery and service deadlines or a postponement of delivery and service dates by the period during which the customer fails to fulfil its contractual obligations towards Newstyle UG.
(4) Newstyle UG shall not be liable for impossibility of delivery or delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy, or raw materials, difficulties in obtaining necessary official permits, official measures, or the non-delivery, incorrect delivery, or late delivery by suppliers) for which Newstyle UG is not responsible. If such events significantly impede or render impossible delivery or performance by Newstyle UG and the hindrance is not merely temporary, Newstyle UG shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance deadlines shall be extended or postponed by the duration of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service due to the delay, he may withdraw from the contract by immediately notifying Newstyle UG in writing.
§ 6 Place of performance and acceptance, if the customer is an entrepreneur
(1) The place of performance for all obligations arising from the contractual relationship is 70180 Stuttgart, unless otherwise agreed. If Newstyle UG is also responsible for installation, the place of performance is the location where the installation is to take place.
(2) If acceptance is required, the item shall be deemed to have been accepted if
a) the delivery and, if Newstyle UG is also responsible for installation, the installation is completed,
b) Newstyle UG has informed the customer of this, referring to the fiction of acceptance under this provision, and has requested the customer to accept the goods,
c) twelve working days have passed since delivery or installation or the customer has started to use the item (e.g. has put the delivered system into operation) and in this case six working days have passed since delivery or installation, and
d) the customer has failed to accept the goods within this period for a reason other than a defect notified to Newstyle UG which makes the use of the purchased item impossible or significantly impairs it.
§ 7 Warranty
Warranty regulations for consumers
(1) There is a statutory right to liability for defects; in this respect, the statutory time limits apply.
(2) If a guarantee is stated in the offer, the statutory liability for defects remains unaffected.
Warranty regulations for entrepreneurs
(1) The warranty period shall be one year from delivery or, if acceptance is required, from acceptance.
(2) The delivered items must be carefully inspected immediately after delivery to the customer or to a third party designated by the customer. They shall be deemed approved if Newstyle UG has not received a written notice of defects regarding obvious defects or other defects that were detectable upon immediate, careful inspection within seven working days of delivery of the delivery item, or otherwise within seven working days of the discovery of the defect or the time at which the defect was detectable by the customer during normal use of the delivery item without closer inspection. At Newstyle UG's request, the defective delivery item must be returned to Newstyle UG freight prepaid. In the event of a justified notice of defects, Newstyle UG will reimburse the costs of the cheapest shipping method; this shall not apply if the costs increase because the delivery item is located at a location other than the location of its intended use.
(3) In the event of material defects in the delivered items, Newstyle UG is initially obligated and entitled, at its discretion within a reasonable period of time, to repair or replace the goods. In the event of failure, i.e., impossibility, unreasonableness, refusal, or unreasonable delay of repair or replacement, the customer may withdraw from the contract or request an appropriate reduction in the purchase price.
(4) In the event of defects in components from other manufacturers that Newstyle UG cannot remedy due to licensing or factual reasons, Newstyle UG will, at its discretion, assert its warranty claims against the manufacturers and suppliers for the customer's account or assign them to the customer. Warranty claims against Newstyle UG for such defects shall exist under the other conditions and in accordance with these General Terms and Conditions of Delivery only if the legal enforcement of the aforementioned claims against the manufacturer and supplier has been unsuccessful or, for example, is futile due to insolvency. During the duration of the legal dispute, the limitation period for the customer's relevant warranty claims against Newstyle UG is suspended.
(5) The delivery of used items agreed upon with the customer in individual cases is subject to the exclusion of any warranty.
(6) Claims for damages due to negligence on the part of Newstyle UG are not limited by the above warranty provisions.
§ 8 Retention of title
All deliveries are subject to retention of title. The delivered goods remain the property of Newstyle UG until the purchase price has been paid in full.
§ 9 Procedures for dealing with complaints, dispute resolution procedures
Newstyle UG's procedure for handling complaints complies with the requirements of professional diligence. Should the customer wish to submit a complaint, they may do so verbally or in writing using any of the communication channels and addresses/numbers listed here. Prompt processing is guaranteed.
Please note that Newstyle UG is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 10 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply if the customer, when concluding the contract, is acting in the exercise of his commercial or independent professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
Furthermore, the right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for consumers, provided that the order is placed from a country and the shipment is made to a country that is not a member of the European Union.
The right of withdrawal expires in the case of a contract for the supply of digital content not on a tangible medium which obliges the consumer to pay a price if the consumer:
1. has expressly agreed that the entrepreneur may begin to fulfil the contract before the expiry of the withdrawal period and
2. has confirmed his knowledge that his right of withdrawal expires upon his consent at the beginning of the contract fulfilment and
3. the trader has provided the consumer with confirmation of the contract on a durable medium within a reasonable period of time after conclusion of the contract, but at the latest when making the digital content not on a tangible medium available:
· in which the content of the contract is reproduced and
· which states that the consumer has expressly agreed, prior to the performance of the contract, that the trader may begin to perform the contract before the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he will lose his right of withdrawal once the contract has begun to be performed.
§ 11 Granting of rights of use in contracts for the provision of digital content not stored on a physical data carrier
(1) Unless otherwise agreed, Newstyle UG grants the customer the non-exclusive right to use the digital content provided (collections) for private and non-commercial purposes in APHEUM Frames, limited geographically to the Federal Republic of Germany and for the duration of the contract.
(2) Passing on the contents to third parties or making copies for third parties is not permitted.
§ 12 Final provisions
(1) Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. This applies in particular to the contract already concluded. The invalid clause shall be replaced by the statutory provision. The exception to this shall apply only if, in this case, adhering to the contract would represent an unreasonable hardship for one of the contracting parties. In this case, the contract shall be invalid in its entirety.
(2) The contracting parties agree to the application of the law of the Federal Republic of Germany with regard to all legal relationships arising from this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection afforded by the mandatory provisions of the country in which he or she has his or her habitual residence. In the latter case, the law of the country in which the consumer has his or her habitual residence shall apply.