Terms of service

General Terms and Conditions

Provider:

newstyle Vermögensverwaltung UG (haftungsbeschränkt)
Managing Director: Colshorn, Christopher
Neue Weinsteige 20
70180 Stuttgart
Germany
Phone: 0049-15251434488
Email: info@my-newstyle.com

– hereinafter referred to as “Newstyle UG” –

§ 1 General Provisions / Scope

(1) All deliveries, services and offers (including digital content) by Newstyle UG are made exclusively on the basis of these General Terms and Conditions of Delivery. They form an integral part of all contracts concluded by Newstyle UG with its contractual partners (hereinafter also referred to as the “Customer”) concerning the deliveries or services offered by it. Insofar as the Customer is an entrepreneur within the meaning of paragraph 3 sentence 2, these Terms and Conditions shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.

(2) Terms and conditions of the Customer or third parties shall not apply, even if Newstyle UG does not separately object to their validity in individual cases. Even if Newstyle UG refers to correspondence containing or referring to the terms and conditions of the Customer or a third party, this shall not constitute consent to the validity of such terms and conditions.

(3) A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. 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 entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Rules and Information on the Conclusion of the Contract

(1) General provisions

All offers made by Newstyle UG merely constitute a non-binding invitation to the Customer to submit an offer.

(2) Technical steps leading to the conclusion of the contract and formation of the purchase contract

a) Order via the online shop

https://apheum.com

To order one or more items via the online shop, the items must first be marked for purchase 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), the Customer is guided through the ordering process, with each step explained and the required information requested.

The ordering process is completed when the Customer finally clicks on “order with obligation to pay” / “place order subject to payment” / “conclude contract subject to payment” / “buy” / “buy now”.

This constitutes the Customer’s offer to conclude the contract, which Newstyle UG may accept within two working days.

Newstyle UG accepts the offer – after sending an order confirmation – by sending a separate order confirmation or by delivering the goods.

The purchase contract is concluded upon acceptance by Newstyle UG.

Notwithstanding the above, the contract is concluded before the separate order confirmation is sent if either the initial order confirmation contains a request for payment or the payment process is initiated and completed during or immediately after completion of the ordering process.

b) Orders by telephone, email or letter

If expressly offered in the online shop, contracts for orders placed by the Customer by telephone, email or letter are concluded as follows:

The Customer declares orally or in writing their binding intention to purchase specifically identified items offered in the online shop. This constitutes the Customer’s offer to conclude the contract, which Newstyle UG may accept within five days of receipt.

Newstyle UG accepts the offer by sending a dispatch confirmation or by delivering the goods. The purchase contract is thereby concluded.

(3) Storage of and access to the contract text

Newstyle UG stores the text of the contract and sends the Customer the order details and contractual terms by email. Newstyle UG thereby enables the Customer to retrieve the contractual provisions at the time the contract is concluded and to store them in a reproducible form. Access to contract texts stored by Newstyle UG – with the exception of the publicly accessible General Terms and Conditions – is available only to registered Customers through their customer account.

(4) Identification and correction of input errors

To identify and prevent input errors during the ordering process, the Customer is shown an overview page for review before the order becomes binding. The Customer can use this page to check all details of the order and correct the entered data either directly in the input fields or by using the “Back” button of the web browser.

(5) Available languages

The contractual language is German.

§ 3 Prices and Payment Terms

(1) The prices displayed at the time of the order shall apply. Packaging and shipping costs, insofar as they are charged, will be added and communicated to the Customer in good time. In the case of orders from abroad, it cannot be ruled out that the Customer’s bank or country may impose costs or taxes unknown to Newstyle UG, such as import duties or payment processing fees. Such costs are not charges collected or invoiced by Newstyle UG.

(2) Newstyle UG accepts all payment methods stated on the website. Newstyle UG issues the Customer with an invoice for the goods ordered, which will be provided in text form no later than upon delivery of the goods.

The total purchase price of the goods ordered is payable in accordance with the payment method selected.

For deliveries to Switzerland, delivery is made customs unpaid (DAP). Any import charges, in particular Swiss VAT as well as customs clearance and service fees, shall be borne by the recipient and are not included in the purchase price.

(3) Cheques shall only be deemed payment once they have been cleared.

(4) In relation to entrepreneurs, Newstyle UG is entitled to provide deliveries or services only against advance payment or security.

§ 4 Packaging and Shipping Costs, Transfer of Risk

Packaging and shipping costs, insofar as they are charged, will be disclosed to the Customer in good time before the ordering process is initiated.

Provisions applicable to entrepreneurs

(1) The risk shall pass to the Customer no later than when the delivery item is handed over to the forwarding agent, carrier or other third party designated to carry out shipment, whereby the commencement of the loading process is decisive. This shall also apply if partial deliveries are made or Newstyle UG has undertaken other services, such as shipping or installation. If shipment 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 thereof.

(2) The method of shipment and packaging shall be at Newstyle UG’s reasonable discretion.

(3) The Customer shall bear storage costs after the transfer of risk. If Newstyle UG stores the goods, storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored per completed week. The right to claim and prove higher or lower storage costs remains reserved.

(4) The shipment shall only be insured by Newstyle UG against theft, breakage, transport damage, fire and water damage or other insurable risks at the Customer’s express request and expense.

§ 5 Delivery and Delivery Times

Provisions applicable to consumers

(1) Goods are delivered to the Customer by third-party providers (delivery services). For delivery by freight forwarder, the place of performance is agreed as “delivery free to kerbside”, meaning delivery is made to the area directly outside your premises at ground level and without steps.

(2) Delivery times can be found either in the product description or in the separately accessible shipping information in the shop.

(3) Partial deliveries are permitted if the Customer

a) has been informed in our Right of Withdrawal Policy of this possibility and the resulting consequences for the right of withdrawal, and

b) does not clearly have no interest in partial deliveries and such deliveries are not clearly unreasonable for the Customer.

A partial delivery is considered reasonable if

– the partial delivery can be used by the Customer for the contractually intended purpose,
– delivery of the remaining goods ordered is assured, and
– the Customer does not incur significant additional effort or additional costs as a result, or the Seller agrees to bear such costs.

(4) Transport and packaging costs, insofar as they are charged, shall only be charged once in the case of partial deliveries.

Provisions applicable to entrepreneurs

(1) Deliveries shall be made from 70180 Stuttgart.

(2) Delivery and service periods and dates indicated by Newstyle UG shall always be approximate only, unless a fixed deadline or date has expressly been promised or agreed. If shipment has been agreed, delivery periods and delivery dates refer to the time the goods are handed over to the forwarding agent, carrier or other third party commissioned with transport.

(3) Without prejudice to its rights arising from the Customer’s delay, Newstyle UG may demand an extension of delivery and performance periods or a postponement of delivery and performance dates by the period during which the Customer fails to fulfil their contractual obligations towards Newstyle UG.

(4) Newstyle UG shall not be liable for impossibility of delivery or delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time the contract was concluded, such as operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or failure by suppliers to deliver, or incorrect or late delivery by suppliers, for which Newstyle UG is not responsible.

If such events make delivery or performance substantially more difficult or impossible for Newstyle UG and the impediment is not merely temporary, Newstyle UG shall be entitled to withdraw from the contract.

In the event of temporary impediments, the delivery or performance periods shall be extended or the delivery or performance dates postponed by the duration of the impediment plus a reasonable start-up period.

If, as a result of the delay, acceptance of the delivery or service cannot reasonably be expected of the Customer, the Customer may withdraw from the contract by immediately notifying Newstyle UG in writing.

§ 6 Place of Performance and Acceptance, where the Customer is an Entrepreneur

(1) The place of performance for all obligations arising from the contractual relationship shall be 70180 Stuttgart unless otherwise stipulated. If Newstyle UG is also responsible for installation, the place of performance shall be the location at which installation is to take place.

(2) Insofar as acceptance is required, the item shall be deemed accepted if

a) delivery and, where Newstyle UG is also responsible for installation, installation have been completed;

b) Newstyle UG has informed the Customer accordingly, referring to the deemed acceptance under this provision, and has requested acceptance;

c) twelve working days have elapsed since delivery or installation, or the Customer has begun using the item (for example by commissioning the delivered system), and in that case six working days have elapsed since delivery or installation; and

d) the Customer has failed to accept the item within this period for a reason other than a defect notified to Newstyle UG that makes use of the purchased item impossible or substantially impairs it.

§ 7 Warranty

Warranty provisions applicable to consumers

(1) The statutory liability for defects applies; the statutory periods shall apply accordingly.

(2) If a guarantee is stated in the offer, the statutory liability for defects remains unaffected.

Warranty provisions applicable to entrepreneurs

(1) The warranty period shall be one year from delivery or, where 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 unless Newstyle UG receives written notification of defects relating to obvious defects or other defects that were identifiable during an immediate and careful inspection within seven working days after delivery of the delivery item, or otherwise within seven working days after discovery of the defect or the time at which the defect became apparent to the Customer during normal use of the delivery item without further inspection.

At Newstyle UG’s request, the delivery item complained of must be returned to Newstyle UG carriage paid. In the event of a justified complaint, Newstyle UG shall reimburse the cost of the least expensive shipping method; this shall not apply insofar as the costs increase because the delivery item is located somewhere other than its intended place of use.

(3) In the event of material defects in the delivered items, Newstyle UG shall, at its discretion to be exercised within a reasonable period, initially be obliged and entitled to remedy the defect or provide a replacement delivery.

In the event of failure – meaning impossibility, unreasonableness, refusal or unreasonable delay in repair or replacement delivery – the Customer may withdraw from the contract or reasonably reduce the purchase price.

(4) In the event of defects in components from other manufacturers that Newstyle UG cannot remedy for licensing or factual reasons, Newstyle UG shall, at its discretion, assert its warranty claims against the manufacturers and suppliers for the Customer’s account or assign such claims to the Customer.

Warranty claims against Newstyle UG in respect of such defects shall only exist, subject to the other requirements and in accordance with these General Terms and Conditions of Delivery, if judicial enforcement of the aforementioned claims against the manufacturer and supplier has been unsuccessful or is futile, for example due to insolvency.

During the duration of legal proceedings, the limitation period for the Customer’s relevant warranty claims against Newstyle UG shall be suspended.

(5) Any delivery of used items individually agreed with the Customer shall be made to the exclusion of any warranty.

(6) Claims for damages based on fault on the part of Newstyle UG shall not be restricted by the above warranty provisions.

§ 8 Retention of Title

All deliveries are made subject to retention of title. The delivered goods remain the property of Newstyle UG until the purchase price has been paid in full.

§ 9 Complaints Procedure, Dispute Resolution

Newstyle UG’s complaints handling procedure complies with the requirements of professional diligence.

If the Customer wishes to submit a complaint, they may do so in writing or orally using any of the means of communication and addresses/numbers stated herein. Prompt processing is assured.

Newstyle UG is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

§ 10 Exclusion or Early Expiry of the Right of Withdrawal

The right of withdrawal does not apply if the Customer, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

The right of withdrawal also does not apply to contracts

– for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;

– in the case of consumers, insofar as the order originates from 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 provision of digital content not supplied on a tangible medium that obliges the consumer to pay a price if the consumer:

1. has expressly consented to the entrepreneur beginning performance of the contract before expiry of the withdrawal period;

2. has acknowledged that, by giving such consent, the right of withdrawal expires when performance of the contract begins; and

3. the entrepreneur has provided the consumer with confirmation of the contract on a durable medium within a reasonable period after conclusion of the contract, but no later than when the digital content not supplied on a tangible medium is provided:

– reproducing the content of the contract; and

– recording that the consumer expressly consented, before performance of the contract, to the entrepreneur beginning performance before expiry of the withdrawal period and acknowledged that, by giving such consent, the consumer loses the right of withdrawal when performance begins.

§ 11 Granting of Rights of Use in Contracts for the Provision of Digital Content Not Supplied on a Tangible Medium

(1) Unless otherwise agreed, Newstyle UG grants the Customer a non-exclusive right, territorially limited to the Federal Republic of Germany and limited in time to the duration of the contract, to use the provided digital content (collections) for private and non-commercial purposes in APHEUM Frames.

(2) Passing the content on to third parties or making copies for third parties is not permitted.

§ 12 Final Provisions

(1) If any provision of these General Terms and Conditions should be invalid, the validity of the remaining provisions shall remain unaffected. This applies in particular to contracts already concluded.

The invalid clause shall be replaced by the applicable statutory provision.

This shall only be different if maintaining the contract in such circumstances would constitute unreasonable hardship for one of the contracting parties. In that case, the entire contract shall be invalid.

(2) The contracting parties agree that all legal relationships arising from this contractual relationship shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless this would deprive the consumer of the protection granted by mandatory provisions of the country in which the consumer has their habitual residence.

In the latter case, the law of the country in which the consumer has their habitual residence shall apply.