Terms of service

General terms and conditions for consumers

General Terms and Conditions Online Shop for Stealkey Customs

Last modified: 13.06.2023

1. Scope of application and contracting parties

(1) These General Terms and Conditions (hereinafter "GTC") govern all orders for the purchase and delivery of goods in the online store of Stealkey Customs (hereinafter "Stealkey"), as well as all orders for the purchase and delivery of goods placed with Stealkey by telephone, e-mail or other means of communication. They regulate the conclusion of the contract between Stealkey and the buyer (hereinafter "customer"), the execution of concluded contracts and the mutual rights and obligations of the contracting parties.

(2) Customers within the meaning of these GTC are exclusively consumers (hereinafter referred to as "consumers") of legal age. A consumer in the above sense is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

(3) The contractual relationship between the contracting parties shall be governed by these General Terms and Conditions in the version valid at the time of conclusion of the contract. By placing the order, the customer agrees to the application of these terms and conditions of sale to the contractual relationship. Deviating and individual agreements made with the customer in individual cases, including supplements, amendments or collateral agreements, shall only apply if both contracting parties have expressly consented to their application. The requirement for consent shall also apply if Stealkey has carried out the delivery to the customer without reservation in the knowledge of the customer's terms and conditions.

(4) If orders are processed by Stealkey outside of the online store, these GTC shall apply in the version valid at the time of a customer's order within the scope of application according to section 1.1 for all contracts for the sale and/or delivery of goods. Stealkey's right to amend these GTC shall remain unaffected. However, the amended GTC shall only apply after Stealkey has notified the customer of the amended GTC and only for orders after receipt of the notification of amendment by the customer.

(5) References within these GTC to the validity of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these GTC. 6.

(6) The provider of the online store is and becomes the contractual partner of the customer:

Reger & Gottschalk GbR
Neu Roggentiner Street 3a
18184 Roggentin
Germany

Email: info@stealkeycustoms.de
CEO: Sven Reger, Jonas Gottschalk
Register court: Local court Rostock
Sales tax identification number: DE329037268

2. Conclusion of contract

(1) Unless otherwise indicated, all offers of Stealkey and their presentation in the online store are subject to change and non-binding. This also applies if Stealkey has provided the customer with catalogs, product descriptions or other documents - including in electronic form.

(2) The sending of the order of the goods in the online store by the customer by clicking the button "Order subject to payment" or by telephone order shall be deemed a binding offer to conclude a purchase contract for the goods and services contained in the order on the terms and conditions transmitted with the order. Unless otherwise stated in the order, Stealkey is entitled to accept this contractual offer within five days of its receipt by - Stealkey.

(3) Upon receipt of the order, Stealkey shall send the customer an e-mail confirming receipt of the order by Stealkey and listing its details. The receipt of this e-mail confirmation does not constitute the conclusion of a contract.

(4) With the shipment of the goods to the customer, the offer is accepted and thus the contract is concluded. The acceptance of the offer can also be made by a separate declaration of acceptance by Stealkey by e-mail or in other text form. For orders with the payment method prepayment, the contract is concluded with the request for payment or the initiation of the payment process. For orders with the payment method Paypal or credit card, the contract is concluded with the completion of the order.

3. Assignability

(1) Stealkey is entitled to assign the claims arising from the concluded contract.

4. Contract language and storage of the contract text

(1) The contract can be concluded either in German or English language.

(2) The contract text (the order) of a customer is stored by us. However, this stored contract text is not accessible to the customer. However, the customer has the possibility to archive the contract text of his order according to the following regulations. In addition, the customer has the possibility to view orders in the order history of his customer account.

(3) The customer can view the current version of these General Terms and Conditions in the online store at any time; outdated versions are not kept there. The customer may also print or save this document, e.g. by using the usual functions of his program for viewing Internet pages (= browser: there usually "File" - > "Print" or "Save as").

(4) The customer can additionally archive the data of his order by printing or saving the data summarized on the last page of the order process in the online store using the functions of his browser or the customer waits for the order and contract confirmation, which Stealkey additionally sends to the customer by e-mail to the e-mail address provided by him after completion of his order. This e-mail contains once again the data of the customer's order and these General Terms and Conditions and can be printed or saved with the customer's e-mail program.

5. Registration of the customer, customer account

(1) The customer can register for his purchase in the online store of Stealkey and create a customer account. The customer account is personal. Only the customer account holder is authorized to make purchases via this account, to change data or to inquire. Only one customer account may be opened per customer. 2.

(2) The customer is only allowed to change the name in the customer account in case of official name change and its proof.

(3) The use of the content via the online store may only be for own private, non-commercial purposes.

(4) Stealkey is under no obligation to accept registrations or orders from registered customers.

(5) Stealkey sends the customer immediately after completion of registration an e-mail with the specified customer information to the e-mail address provided by the customer during registration.

(6) The customer shall ensure that the e-mail account specified by him/her is accessible and that receipt of e-mail messages from Stealkey in connection with order processing is not precluded due to forwarding, shutdown, spam filter settings or overfilling of the e-mail account. The customer has to secure his customer password against misuse by third parties and may not pass it on to third parties.

(7) information on our handling of customer data can be found under the item data protection on www.stealkeycustoms.de.

6. Prices and terms of payment

(1) All prices stated in our online store include the legally determined value added tax. All prices are ex stock including packaging and plus all shipping and, if applicable, cash on delivery costs. For more information on shipping costs and payment, please see the Overview Info & Service section at www.stealkeycustoms.de. In no case Stealkey takes over the costs of a money transaction.

(2) The due date of payment of the purchase price is determined by the payment term of the order.

(3) The customer can use the payment methods displayed at the end of the ordering process.

(4) the customer may only offset counterclaims based on material or legal defects of Stealkey's services against claims of Stealkey, provided that the amount set off does not exceed the defect-related reduced value of the service concerned or the anticipated costs of subsequent performance or rectification of defects.

(5) Please note that Stealkey has no influence on the amount of customs duties or taxes to be paid in your country when ordering from Switzerland or other countries that levy import duties. In this case, please inform yourself about the costs incurred by you for an order, which will be charged only when the goods are imported into your country. These fees are NOT charged by Stealkey and are NOT already included in the shipping charges. To check the possibility of a refund of your VAT paid in Germany, please contact our customer service. For direct shipping to Switzerland, the German VAT will be automatically deducted in our shopping cart.

(6) in case of a necessary refund, the service will be returned in the way it was received by Stealkey. If this is not possible, because the deadline for return has passed with the appropriate payment method or in the case of payment on delivery, the refund will be made by bank transfer to a bank account.

7. Delivery and transport damage

(1) Delivery shall be made by shipment ex warehouse to the delivery address provided by the customer or - if agreed - by collection by the customer.

(2) For goods whose availability is indicated in the product description in the online store as "in stock", the shipment will be made at the latest within the next three business days following the order (Stealkey's business days are Monday to Friday). If the availability is indicated as "available from" or "in stock", the goods will be shipped as soon as they are available. If goods with different availability are included in one and the same order, the shipment will generally only take place when all goods included in the order are available, unless expressly agreed otherwise.

(3) Insofar as the delivery is made to the delivery address provided by the customer, Stealkey shall engage a freight company for this purpose. The risk that the goods are lost or damaged during transport shall be borne by Stealkey according to the law in relation to the customer, unless the customer is in default of acceptance.

(4) In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass upon handover to the consumer or a recipient designated by the consumer. Default of acceptance by the customer is equivalent to the handover.

(5) In order for Stealkey to be able to secure any claims for transport damage against the transport company, Stealkey must notify the transport company of both externally visible transport damage upon delivery of the order and externally non-visible transport damage, as otherwise it will be assumed to the detriment of Stealkey that the order was delivered without transport damage. Stealkey therefore formulates the following request to its customers, from which, however, NO obligation arises: If transport damage is probable in your eyes, e.g. because the package is visibly severely damaged from the outside, compressed, torn open or because the contents in the case of fragile goods clink when "shaken", please open the package in the presence of the parcel carrier and check whether the contents are damaged, broken or deformed or whether goods with housing clink when shaken. If transport damage is detected during this inspection, please have the parcel carrier confirm the damage. The parcel carrier is obliged to do this. Please leave the goods then - as far as still possible - in the original packaging and do not use it. Please inform us immediately by phone or e-mail about the damage, so that we can take care of the settlement. We also ask you in all other cases to unpack the delivered goods promptly after delivery and check for damage. If you notice that the delivered goods are damaged during unpacking, please leave the goods - as far as still possible - in the original packaging and do not use it. Try to leave the shipping carton in the condition in which it was delivered. Please inform us immediately by e-mail about the damage, so that we can take care of the settlement.

(6) Your warranty claims due to any transport damage are not affected by the above provisions.

8. Delay in delivery and default in acceptance

(1) The occurrence of default in delivery shall be determined in accordance with the statutory provisions. For the occurrence of default, a reminder by the customer is required. 2.

(2) In the case of orders against advance payment, delivery shall only take place after Stealkey has received the full amount. In the case of advance payment orders, Stealkey does not reserve the ordered goods for the customer as long as no receipt of payment has been recorded. Should there be any delays in delivery in this context, e.g. because the ordered goods have been sold out in the meantime and have to be reordered, Stealkey shall inform the customer immediately.

(3) The delivery time may be extended by interfering circumstances of force majeure. Circumstances of this kind can be: strike, lockout, official interventions, shortage of energy and raw materials, transport bottlenecks through no fault of Stealkey, operational hindrances through no fault of Stealkey, for example due to fire, water and machine damage and all other hindrances which, when viewed objectively, have not been caused by Stealkey. The customer shall be notified immediately of the beginning and end of such hindrances.

(4) If Stealkey is not able to deliver the ordered goods through no fault of its own because the supplier of Stealkey does not fulfill its contractual obligations, Stealkey is entitled to withdraw from the contract with the customer. However, this right of withdrawal shall only exist if Stealkey has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier in question and Stealkey is not otherwise responsible for the non-delivery of the goods. In the event of such a withdrawal, the customer will be informed immediately that the ordered product is not available. Any payments already made by the customer shall be refunded without delay.

(5) Customer's own goods that remain in our warehouse due to refusal of acceptance, demand for performance or unauthorized delivery will be charged a storage fee of 1.50 euros per day from the 15th day of storage. As soon as the value of the goods or the 180th storage day is reached, the goods become the property of Stealkey without replacement.

9. Retention of title

(1) the delivered goods remain the property of Stealkey until full payment.

10. Legal liability for defects (warranty)

(1) The customer is entitled to the statutory warranty claims.

(2) The basis of our liability for defects is primarily the agreement made on the quality of the goods. All product descriptions which are the subject of the individual contract shall be deemed to be an agreement on the quality of the goods. Insofar as the quality has not been agreed upon, it is to be judged according to the legal regulation whether a defect exists or not (§ 434 para. 1 p. 2 and 3 BGB). Stealkey shall not be liable for public statements made by the manufacturer or other third parties (e.g. advertising statements).

(3) All images used for the presentation of goods in the online store of Stealkey are only sample photos. They do not represent the respective article in every case true to life, but serve only as an illustration, especially with colors, there may be deviations due to the different representation on different screens. The technical description of the articles is authoritative.

(4) Cosmetic defects such as milling marks, slight scratches, color deviations, slight chipping of threads or the like are not a material defect as long as they are within the tolerances of the corresponding manufacturer or production standard.

(5) The customer can specify the type of supplementary performance desired by him in the context of the notice of defect. Stealkey will fulfill this request as long as a reasonable economic damage for Stealkey is not exceeded. Should this nevertheless be the case, Stealkey shall be free to choose whether the supplementary performance shall be carried out by remedying the defect or by delivering a defect-free item. If the customer does not expressly state the type of supplementary performance desired by him in the notice of defect and does not inform Stealkey otherwise, Stealkey shall be entitled to choose whether the supplementary performance shall be carried out by remedying the defect or delivery of a defect-free item.

(6) The customer shall give Stealkey the time and opportunity necessary for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to Stealkey in accordance with the statutory provisions.

(7) Further information on warranty can be found under the item Overview Info & Service and then Return/Return at www.stealkeycustoms.de. In the event of warranty claims, we ask you to use the complaint form available there.

(8) Stealkey bears the shipping costs for the supplementary performance to the contract. This applies only to the place of performance. Should the costs for this increase due to transport of the goods to another location, Stealkey shall only bear the amount of the costs that would have been incurred for shipping to and from the place of performance.

(9) No warranty shall be assumed for damage caused by improper or unsuitable use contrary to the intended use, incorrect commissioning or assembly, natural wear and tear, negligent or wilful damage, careless or incorrect use, non-compliance with the maintenance or operating instructions as well as improper repair work or modifications by the customer or third parties.

(10) If the consumer's complaint proves to be unfounded due to the absence of a material defect triggering the warranty, Stealkey may subsequently demand reimbursement from the customer for the costs assumed for sending the goods to Stealkey.

(11) The use of a compensation container (AGB)/distroplate is at the customer's own risk. In the event of damage, Stealkey will neither assume the costs of repair nor pay for replacement services.

(12) No warranty is given for damage caused by improper use, installation or commissioning.

(13) in our compensation containers (AGB) / Distroplates is the use only with clear liquid allowed, with respective pastel color / pastel ready mix liquids or similar, the warranty and their warranty claims expires.

11. Cancellation

(1) If the customer makes use of his right of revocation, the service must be on its way to Stealkey at the latest 14 days after submission of the declaration of intent to Stealkey and, if applicable, receipt of the return label. Otherwise, additional costs may arise, e.g. compensation for loss of value or deterioration.

(2) Excluded from the right of revocation are goods that are not prefabricated and manufactured by us at the customer's request, for example water-cooled PC systems or modified processors that are tailored to the customer's personal needs and/or for which an individual component selection was required according to the specifications expressed by the customer.

(3) If a good does not qualify for return of service without value replacement, the customer will receive an email announcing the value replacement. The customer then has 14 days to restore the character of new goods by repair, completion, cleaning, replacement or restoration. If the customer does not comply with this obligation or does not react to the notice, the revocation will be executed with return of the goods and settlement of the compensation for lost value. 4. 4. the revocation instruction can be retrieved at www.stealkeycustoms.de.

12. Liability

(1) Stealkey shall be liable in accordance with the statutory provisions for damages of the contractual partner caused by intentional or grossly negligent conduct of Stealkey or its vicarious agents. The same shall apply to personal injury and damage under the Product Liability Act.

(2) In all other respects, Stealkey's liability for claims for damages - irrespective of the legal grounds - shall be limited in accordance with the following provisions, insofar as nothing to the contrary results from a guarantee assumed by Stealkey.

(1) For breaches of essential contractual obligations (cardinal obligations) caused by slight negligence, Stealkey's liability shall only be limited to the typically foreseeable damage.

(2) For damage caused by delay due to slight negligence, Stealkey's liability shall be limited to the typically foreseeable damage, but no more than 5% of the total price agreed in the contract concerned.

(3) The provisions of the preceding paragraph shall also apply accordingly to a limitation of the obligation to compensate for futile expenses (§ 284 BGB). 4.

(4) Stealkey shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

(5) Stealkey shall only be liable for consequential damages resulting from material defects of purchased products which Stealkey has imported itself and for which there is no national representation of the manufacturer. Furthermore, Stealkey shall not be liable for damages resulting from errors in advice and product descriptions or for damages which have occurred due to incorrect or improper handling.

(6) The above limitations of liability shall also apply in favour of employees, representatives and vicarious agents of Stealkey.

(7) In all other cases, Stealkey's liability shall be excluded.

13. Exclusion of liability for hyperlinks

www.stealkeycustoms.de refers to external internet sites via hyperlinks. Stealkey has no influence whatsoever on the contents of these internet sites, does not adopt them as its own and accepts no liability for their contents. As soon as Stealkey becomes aware of illegal contents, Stealkey will delete the corresponding hyperlinks on www.stealkeycustoms.de.

14. Data security

(1) In the course of your registration on www.stealkeycustoms.de, the customer is requested to provide personal data. This is data that Stealkey needs to process contracts concluded via the online shop or by telephone order. All personal data is treated confidentially by Stealkey and in accordance with the relevant legal regulations, in particular those of the Federal Data Protection Act (BDSG). In order to secure the data in online payment transactions, Stealkey protects them using state-of-the-art encryption techniques such as the Secure Socket Layer (SSL). SSL is a recognised standard protocol that guarantees secure data exchange. All data used for ordering is transmitted to Stealkey in encrypted form. Stealkey's privacy policy is available at www.stealkeycustoms.de.

15. Applicable law and place of jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer is domiciled abroad. This choice of law only applies to consumers insofar as they are not deprived of the protection granted to consumers by the mandatory provisions of the country in which the consumer has his habitual residence, i.e. provisions that cannot be excluded by agreement.

(2) For all current and future claims arising from the business relationship with consumers, the exclusive place of jurisdiction shall be the registered office of Stealkey if the customer does not have a general place of jurisdiction in Germany, relocates his place of residence or habitual abode outside Germany after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought. This place of jurisdiction shall not apply, however, if the consumer has his place of residence or habitual abode in a Member State of the European Union. In this case, legal action shall be brought before the competent court of the Member State of residence.

16. Complaints/dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR). This gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The ODR platform can be accessed at the following link: ec.europa.eu/consumers/odr. Stealkey is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

17. Severability clause

Should any provision of this contract be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid/void provision, the parties shall agree on a provision which comes as close as possible to the purpose intended by the invalid/void provision. This shall also apply to the filling of any gaps in the contract.

General terms and conditions for entrepreneurs

General Terms and Conditions Online Shop for Stealkey Customs
Last modified: 13.06.2023

1. Scope of application and contracting parties

(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern all orders for the purchase and delivery of goods in the online shop of Stealkey Customs (hereinafter referred to as "Stealkey") as well as all orders for the purchase and delivery of goods placed with Stealkey by telephone, email or other means of communication. They regulate the conclusion of the contract with the buyer (hereinafter "customer"), the execution of concluded contracts and the mutual rights and obligations of the contracting parties.

(2) Customers within the meaning of these GTC are entrepreneurs (hereinafter "Entrepreneurs"), legal entities under public law or special funds under public law. An entrepreneur in the aforementioned sense is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial, business, craft or independent professional activity.

(3) The contractual relationship between the contracting parties shall be governed by these GTC in the version valid at the time of conclusion of the contract. By placing the order, the customer agrees to the application of these Terms and Conditions of Sale to the contractual relationship. Deviating and individual agreements made with the customer in individual cases, including supplements, amendments or ancillary agreements, shall only apply if both contracting parties have expressly consented to their application. The requirement for consent shall also apply if Stealkey has carried out the delivery to the customer without reservation in the knowledge of the customer's terms and conditions.

(4) If orders are placed with Stealkey outside of the online shop, these GTC in the version valid at the time of the customer's first order shall also apply to all future contracts for the sale and/or delivery of goods within the scope of application pursuant to section 1.1 without the need to refer to them again in each individual case. Stealkey's right to amend these GTC shall remain unaffected. However, the amended GTC shall only apply once Stealkey has notified the customer of the amended GTC and only for orders after receipt of the notification of amendment by the customer.

(5) All consents to agreements outside these GTC as well as legally relevant declarations and notifications made by the customer to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing in order to be effective.

(6) References within these GTC to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC. 7.

The provider of the online shop and contractual partner of the customer is:

Reger & Gottschalk GbR
Neu Roggentiner Street 3a
18184 Roggentin
Germany

Email: info@stealkeycustoms.de
CEO: Sven Reger, Jonas Gottschalk
Register court: Local court Rostock
Sales tax identification number: DE329037268

2. Conclusion of contract

(1) Unless otherwise indicated, all offers by Stealkey as well as their presentation of goods in the online shop are subject to change and non-binding. This shall also apply if Stealkey has provided the customer with catalogues, product descriptions or other documents - also in electronic form.

(2) The sending of the order for the goods by the customer via the online shop, by telephone or in text form (e.g. in writing, by e-mail, Skype or fax) shall be deemed to be a binding offer to conclude a purchase contract for the goods and services contained in the order on the terms and conditions transmitted with the order. Unless otherwise stated in the order, Stealkey shall be entitled to accept this contractual offer within fourteen days of its receipt by us.

(3) After receipt of the order, Stealkey shall send the customer an e-mail confirming receipt of the order and listing its details. The receipt of this e-mail confirmation does not constitute the conclusion of a contract.

(4) The acceptance of the offer and thus the conclusion of the contract shall take place with the dispatch of the goods to the customer. The acceptance of the offer can also be made by a separate declaration of acceptance by Stealkey by e-mail or in another text form. For orders with the payment method prepayment, the conclusion of the contract shall take place with the request for payment or the initiation of the payment process. For orders with the payment method Paypal or credit card, the conclusion of the contract shall take place with the completion of the order.

3. Assignability

Stealkey shall be entitled to assign the claims arising from the concluded contract.

4. Contract language and storage of the contract text

(1) The contract can be concluded in either German or English.

(2) The text of the contract (the order) of a customer is stored by us. However, this stored contract text is not accessible to the customer. However, the customer has the option of archiving the contract text of his order in accordance with the following regulations. In addition, the customer has the possibility to view orders in the order history of his customer account. 

(3) The customer can view the current version of these General Terms and Conditions in the online shop at any time; outdated versions are not kept there. The customer can also print or save this document, e.g. by using the usual functions of his programme for viewing Internet pages (= browser: usually "File" - > "Print" or "Save as").

(4) The customer can additionally archive the data of his order by printing out or saving the data summarised on the last page of the order process in the online shop with the help of the functions of his browser or the customer waits for the order and contract confirmation which Stealkey additionally sends to the customer by e-mail to the e-mail address provided by him after completion of his order. This e-mail contains the data of the customer's order and these General Terms and Conditions and can be printed out or saved with the customer's e-mail program.

5. Registration of the customer, customer account

(1) The customer can register for his purchase in the online shop of Stealkey and create a customer account. The customer account is company-related. Only one customer account may be created per company. Only the customer account holder is entitled to make purchases, change data or enquire about data via this account.

(2) The customer is only permitted to change the name in the customer account in the event of a company name change and proof thereof.

(3) Stealkey is under no obligation to accept registrations or orders from registered customers.

(4) Stealkey shall send the customer an email with the specified customer information to the email address specified by the customer during registration immediately after completion of the registration.

(5) The customer shall ensure that the e-mail account specified by him/her is accessible and that receipt of e-mail messages from Stealkey in connection with order processing is not precluded due to forwarding, shutdown, spam filter settings or overfilling of the e-mail account. The customer must secure his customer password against misuse by third parties and must not pass it on to third parties.

(6) Information on our handling of customer data can be found under data protection at www.stealkeycustoms.de.

6. Prices and terms of payment

(1) Unless otherwise agreed in individual cases, our current prices at the time of the order shall apply, ex warehouse, plus any statutory value added tax. In no case shall Stealkey assume the costs of a money transaction.

(2) The due date for payment of the purchase price shall be determined by the payment term of the order.

(3) Stealkey reserves the right to demand an appropriate price adjustment by means of a declaration in text form if, after conclusion of the contract, cost increases occur as a result of price increases by our suppliers or due to exchange rate fluctuations. Such a price increase shall only become effective if the customer has agreed to the request for increase. If the customer does not give his consent within one week of receipt of the increase request, also in text form, Stealkey shall be entitled to withdraw from the contract within a period of one further week.

(4) In the case of a mail order purchase, the customer shall bear the transport costs for insured dispatch from the warehouse. Any customs duties, fees, taxes and other public charges shall be borne by the customer.

(5) During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. Stealkey reserves the right to assert further damage caused by default. The claim to the commercial due date interest rate (§ 353 HGB) shall remain unaffected.

(6) The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, Clause 10.7 shall remain unaffected.

(7) If it becomes apparent after the conclusion of the contract that our claim to the purchase price is jeopardised by the customer's inability to pay (e.g. by an application for the opening of insolvency proceedings), Stealkey shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB).

7. Delivery, Place of Performance, Transfer of Risk, Notice of Damage and Default of Acceptance

(1) The goods offered on www.stealkeycustoms.de are kept in stock for the most part, whereby the respective stock quantity is limited to certain quantities only. If larger orders are planned, the availability should be clarified in advance with the business customer service.

(2) For goods whose availability is indicated as "in stock" in the product description in the online shop, dispatch will take place at the latest within the next three business days following the order (Stealkey's business days are from Monday to Friday). If the availability is indicated as "available from" or "in stock", the goods will be dispatched as soon as they are available. If goods with different availability are included in one and the same order, dispatch shall generally only take place when all goods included in the order are available, unless expressly agreed otherwise.

(3) Place of performance is the Stealkeys office in Roggentin. At the request and expense of the customer, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless otherwise agreed, Stealkey shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself.

(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale by delivery to a place other than the place of performance, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

(5) If the delivered goods show visible damage or missing quantities, the customer must note this in writing on the receipt of the transport company upon delivery. The note must identify the damage or the missing quantity sufficiently clearly (notice of damage in accordance with § 438 of the German Commercial Code - HGB). Under no circumstances shall the customer be entitled to refuse acceptance of the goods.

(6) If the customer is in default of acceptance, fails to cooperate or if delivery by Stealkey is delayed for other reasons for which the customer is responsible, Stealkey shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs). Customer-owned goods which remain in our warehouse due to refusal of acceptance, demand for performance or unauthorised dispatch shall be subject to a storage fee of 1.50 euros per day from the 15th day of storage. As soon as the value of the goods or the 180th storage day is reached, the goods become the property of Stealkey without replacement.

8. Delay in delivery

(1) The occurrence of default in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder by the customer is required for the default to occur.

(2) In the case of orders against advance payment, delivery shall only take place after Stealkey has received the full amount. In the case of advance payment orders, Stealkey shall not reserve the ordered goods for the customer as long as no receipt of payment has been recorded. Should there be delays in delivery in this context, e.g. because the ordered goods have been sold out in the meantime and have to be reordered, Stealkey shall inform the customer of this immediately. 3.

(3) The delivery time may be extended due to circumstances of force majeure. Circumstances of this kind can be: strike, lockout, official interventions, shortage of energy and raw materials, transport bottlenecks through no fault of Stealkey, operational hindrances through no fault of Stealkey, for example due to fire, water and machine damage and all other hindrances which, when viewed objectively, have not been caused by Stealkey. The customer shall be informed immediately of the beginning and end of such hindrances.

(4) If Stealkey is unable to meet binding delivery deadlines for reasons for which Stealkey is not responsible (non-availability of the service), Stealkey shall inform the customer of this without delay and at the same time inform the customer of the expected new delivery deadline. If the service is also not available within the new delivery period without Stealkey being responsible for this, Stealkey shall be entitled to withdraw from the contract in whole or in part, whereby Stealkey shall inform the customer immediately of the further non-availability and, if applicable, the withdrawal. Stealkey shall immediately refund any consideration already paid by the customer. A case of non-availability of the performance in this sense shall be deemed to be in particular the non-timely self-delivery by Stealkey's suppliers if Stealkey has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) and is not otherwise responsible for the non-delivery of the goods. The statutory rights of withdrawal and termination (also of the customer) as well as the statutory provisions on the execution of the contract in the event of an exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected.

9. Retention of title

(1) The delivered goods shall remain the property of Stealkey until payment has been made in full.

(2) The customer shall be obliged to treat the purchased goods with care as long as ownership has not yet passed to him. If maintenance and inspection work has to be carried out, the customer shall carry this out in good time at his own expense. As long as ownership has not yet passed to the customer, the customer shall immediately notify Stealkey in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse Stealkey for the court and out-of-court costs of an action in accordance with § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by Stealkey, unless he has done everything reasonable to prevent the attachment of the goods and informed Stealkey immediately or is not responsible for the lack of promptness of the information.

(3) The customer shall be entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the customer's claims from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with us for the goods in question (including value added tax). This assignment shall apply irrespective of whether the purchased goods have been resold without or after processing. The customer shall remain authorised to collect the claim even after the assignment. The authority of Stealkey to collect the claim itself shall remain unaffected. However, Stealkey shall not collect the claim as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.

(4) The processing or transformation of the object of sale by the customer shall always be carried out in the name of and on behalf of Stealkey. In this case, the customer's expectant right to the object of sale shall continue in the transformed object. If the object of sale is processed with other objects not belonging to Stealkey, Stealkey shall acquire co-ownership of the new object in the ratio of the objective value of the object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to Stealkey on a pro rata basis and shall keep the sole ownership or co-ownership thus created for Stealkey.

(5) Stealkey undertakes to release the securities to which Stealkey is entitled at the customer's request insofar as their value exceeds the claims to be secured by more than 20%.

10. Statutory liability for defects (warranty)

(1) The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title (including wrong delivery and short delivery as well as improper assembly or defective assembly instructions), unless otherwise stipulated below. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the goods to a consumer (supplier recourse pursuant to §§ 478, 479 BGB).

(2) The basis of our liability for defects is above all the agreement reached on the quality of the goods. All product descriptions which are the subject of the individual contract shall be deemed to be an agreement on the quality of the goods. Insofar as the quality has not been agreed, it is to be assessed in accordance with the statutory regulation whether a defect exists or not (§ 434 Para. 1 S. 2 and 3 BGB). Stealkey shall not be liable for public statements made by the manufacturer or other third parties (e.g. advertising statements).

(3) All images used for the presentation of goods in Stealkey's online shop are merely sample photos. They do not represent the respective article in a true-to-life manner in every case, but serve only for illustration purposes; in the case of colours in particular, deviations may occur due to the different representation on different screens. The technical description of the articles is authoritative.

(4) Cosmetic defects such as milling marks, slight scratches, colour deviations, slight chipping on the thread or similar are not material defects as long as they are within the tolerances of the corresponding manufacturer or production standard.

(5) The customer is obliged to back up any data on the goods before returning them. Stealkey shall not be liable for the loss of data on devices that are returned. 

(6) The customer's claims for defects presuppose that he/she has fulfilled his/her legal obligations to examine the goods and give notice of defects (§§ 377, 381 HGB). If a defect becomes apparent during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to have been made without delay if it is received within two weeks, whereby timely dispatch of the notification shall suffice to meet the deadline.

(7) Irrespective of this obligation to inspect and give notice of defects, the customer shall notify us in writing of obvious defects (including incorrect and short deliveries) within seven days of delivery, whereby timely dispatch of the notification shall also suffice to meet the deadline. If the customer fails to duly inspect and/or notify the defect, our liability for the non-notified obvious defect shall be excluded, unless Stealkey has acted with intent or gross negligence. 8.

(8) If the delivered item is defective, Stealkey may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement). Stealkey's right to refuse the chosen type of supplementary performance under the statutory conditions shall remain unaffected.

(9) Stealkey shall be entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer shall be entitled to retain a reasonable part of the purchase price in relation to the defect.

(10) The customer shall give Stealkey the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to Stealkey in accordance with the statutory provisions.

(11) Stealkey shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs. If a request by the customer to remedy a defect turns out to be unjustified, Stealkey shall be entitled to demand reimbursement of the resulting costs from the customer.

(12) If the supplementary performance has failed or a reasonable deadline to be set by the customer for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.

(13) No warranty shall be assumed for damage caused by improper or unsuitable use contrary to the intended use, faulty commissioning or assembly, natural wear and tear, negligent or wilful damage, careless or faulty use, non-compliance with the maintenance or operating instructions as well as improper repair work or modifications by the customer or third parties.

(14) The use of a balance tank (AGB)/Distro Plate is at the customer's own risk. In the event of damage, Stealkey shall neither assume the costs of repair nor pay for replacement services.

11. Liability

(1) Stealkey shall be liable in accordance with the statutory provisions for damages of the contractual partner caused by intentional or grossly negligent conduct of Stealkey or its vicarious agents. The same shall apply to personal injury and damage under the Product Liability Act. 2.

(2) In all other respects, Stealkey's liability for claims for damages - irrespective of the legal grounds - shall be limited in accordance with the following provisions, insofar as nothing to the contrary results from a guarantee assumed by Stealkey.

(1) For breaches of essential contractual obligations (cardinal obligations) caused by slight negligence, Stealkey's liability shall only be limited to the typically foreseeable damage.

(2) For damage caused by delay due to slight negligence, Stealkey's liability shall be limited to the typically foreseeable damage, but no more than 5% of the total price agreed in the contract concerned.

(3) The provisions of the preceding paragraph shall also apply accordingly to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).

(4) Stealkey shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

(5) Stealkey shall only be liable for consequential damages resulting from material defects of purchased products which Stealkey has imported itself and for which there is no national representation of the manufacturer. Furthermore, Stealkey shall not be liable for damages resulting from errors in advice and product descriptions or for damages which have occurred due to incorrect or improper handling.

(6) The above limitations of liability shall also apply in favour of employees, representatives and vicarious agents of Stealkey. 7.

(7) In all other cases, Stealkey's liability is excluded.

12. Limitation

(1) Notwithstanding Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material defects and defects of title shall be one year from the transfer of risk. The above limitation periods shall also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases.

(2) The limitation periods of the Product Liability Act shall remain unaffected in any case. Otherwise, the statutory limitation periods shall apply to the customer's claims for damages.

13. Exclusion of liability for hyperlinks

(1) www.stealkeycustoms.de refers to external internet sites via hyperlinks. Stealkey has no influence whatsoever on the content of these internet sites, does not adopt them as its own and accepts no liability for their content. As soon as Stealkey becomes aware of illegal content, Stealkey will delete the corresponding hyperlinks on www.stealkeycustoms.de.

14. Data security

In the course of customer registration on www.stealkeycustoms.de (personal) data is transmitted. This is data that Stealkey needs to process contracts concluded via the online shop or by telephone order. All personal data is treated confidentially by Stealkey and in accordance with the relevant legal regulations, in particular those of the Federal Data Protection Act (BDSG). In order to secure the data in online payment transactions, Stealkey protects them using state-of-the-art encryption techniques such as the Secure Socket Layer (SSL). SSL is a recognised standard protocol that guarantees secure data exchange. All data used for ordering is transmitted to Stealkey in encrypted form. Stealkey's privacy policy is available at www.stealkeycustoms.de.

15. Applicable law and place of jurisdiction

(1) These GTC and all legal relationships between Stealkey and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods (CISG). However, the prerequisites and effects of the retention of title pursuant to clause 9 shall be subject to the law of the respective location of the item, insofar as the choice of law made in favour of German law is inadmissible or ineffective thereafter.

(2) For all present and future claims arising from the business relationship with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction shall be the registered office of Stealkey.

16. Severability clause

Should any provision of this contract be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid/void provision, the parties shall agree on a provision which comes as close as possible to the purpose intended by the invalid/void provision. This shall also apply to the filling of any gaps in the contract.