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Our Terms and Conditions of Business

 

§ 1.Contractual Basis
All contracts which the customer closes with Stone-Touch, whether on the internet or as a result of any other means of telecommunication, are solely subject to these Terms and Conditions (T & C’s) provided that §§ 3 and 4 regarding the right of withdrawal, solely in relation to buyers, finds utilisation, which according to §13 of the German Civil Code are consumers. The customer acknowledges and accepts the following Terms and Conditions with his order. Stone-Touch reserves the right, at any time, to supplement the T & C’s with a reasonable time limit . All offers, deliveries and other performances rendered are applicable to the T & C’s on the day of placing the order

§ 2. Offer and Conclusion of the Contract
2.1  Product description information and data with special offers which are contained in the brochures or similar documentation like images, sketches, descriptions, size, weight, performance and consumer data as well as data concerning the  usability of instruments for the new technology, are subject to change, insofar as they are not explicitly specified as binding. This especially applies in the case of changes and improvements, which serve technical progress. Marginal deviations from such product description data are valid as allowed and do not affect the conformance of the contracts, provided they are not unreasonable for the customer.

2.2 Orders given by the customer, either written, telephonic or per e-mail strictly binds the customer for 3 weeks. The contract comes into effect through confirmation of the order, by transmission or by delivery of the product within the 3 week time limit.


2.3 The customer will be notified, without delay by Stone-Touch, of possible delivery hindrances, latest however within 1 week.  

2.4 The offers from Stone-Touch are subject to change and are subject to the punctual delivery of our suppliers and availability of the product, insofar as nothing has been expressly agreed upon in writing for a particular case. In the case of problems with delivery or failure to comply with delivery dates because of complete or partial unavailability of the product, the customer has the right, after an unsuccessful extension of the delivery time by a minimum of at least 2 weeks, to withdraw from the contract. In this case, the buyer is not entitled to any further rights.

2.5 Descriptions of colour and size specifications
The specified colour description and size specifications in our publications (catalogue, internet etc.) are not subject to any standards. The same applies to the specifications on the textile labels. Inference to specific measurements or generally accepted ideas of colours as a result of these descriptions are not possible and are not grounds for a complaint.

2.6 Partial deliveries are permitted

§ 3 Right if Withdrawal

3.1 If the buyer is a consumer in accordance with §13 of the German Civil Code he can withdraw his contract in written form within 1 month without specifying any reasons. This right of withdrawal is to be addressed to:
Stone-Touch Sole Agency Germany
Ostseeallee 12
D 23946 Ostseebad, Boltenhagen
The time limit shall begin with the receipt of clearly formulated instructions in text form, however not before the day of receipt of the goods by the buyer. Punctual dispatch suffices to comply with the time limit of the withdrawal.

3.2 In the case of a withdrawal the rules and regulations for legal withdrawal appropriately apply. The mutually received performances are therefore to be returned accordingly and, if the case may be, drawn usage shall be issued.
As far as the goods can be dispatched as a package, the buyer is thereby bound to return the goods to Stone-Touch.
The return of received performances is carried out according to delivery versus payment.

3.3 With a product value of up to €40,00 the buyer carries the costs for the goods to be returned at his expense, unless the delivered goods do not comply with the ordered goods. If the value of the goods amounts to more than €40,00, the costs will be carried by Stone-Touch, unless at the time of the withdrawal the reciprocated performance or a contractually agreed upon partial-performance has not yet been fulfilled. For the case that Stone-Touch has to carry the costs of the returned goods, Stone-Touch shall send the buyer, in advance, either a package sticker in the form of a freeway label or shall issue a pick-up order to the Post/ DHL at their own expense. Postage to be paid returns are principally not accepted by Stone-Touch, the Post/ DHL immediately returns them to the sender.

3.4 The buyer has an obligation for value replacement as far as the received article has worsened or been lost. This is also valid when the worsened state or the loss was caused by simple negligence on the part of the buyer or if it occurred by coincidence.
Value replacement is also to be rendered when the buyer has used, sold, processed or converted the received article.
The obligation to perform value replacement is not applicable in the case of  deterioration, when this resulted through the normal specified use of the product.

3.5 A right of withdrawal principally does not exist with contracts for the delivery of goods which have been produced according to specific customer specifications or tailor-made according to the personal needs of the customer or, as result of its composition is not suitable to be returned.

§ 4. Refunding of the sale price by withdrawal
Immediately, latest however within 14 working days after the goods have been returned, Stone-Touch will refund the paid purchase price as well as, if applicable, the arising expenses for the return. For this the buyer must duly disclose his bank account details, latest with the return.

§ 5.Prices and dispatch conditions for the end-user
5.1  The prices apply which were displayed on the internet page at the time of ordering. Stone-Touch reserves the right to correct obvious mistakes made.

5.2  All prices are calculated in Euro and include the legal VAT. This will be shown separately, on the day of issuing the invoice, in the respective current amount for the Federal Republic of Germany, so far as the goods are not subject to  “opportunity” for the differential taxation according to § 25a para. 2 UStG (German VAT Act) or so far as for other reasons, no other separate identification is excluded (e.g. by commission business). For buyers outside the EU gross for net applies.10:00

5.3  Payment for orders on the internet takes place only with payment in advance. Exceptions can be deliveries to registered buyer.

5.4  Dispatching of the goods to the buyer takes place, when possible and once payment has been made, within 3 calendar weeks. The buyer will be informed by Stone-Touch about possible delays.

5.5  With receipt of the order, the goods will be reserved by Stone-Touch for the buyer. If no payment takes place within a week of the conclusion of the contract,  Stone-Touch reserves the right to keep the goods at their disposal.
The accumulating of more than one purchase is also only possible within this time and limited to a maximum of 10 items. If the weight of the delivery exceeds 31,5 kg,  the goods will be divided into 2 packages (> 63 kg 3 packages etc.). Accordingly, higher costs incur for postage and package. The same also applies for bulk goods (bulk is packages with a length of more than 120cm or a width/ height of more than 60cm).

5.6 The goods are normally sent as an insured package. Stone-Touch charges postage, the exact amount depends on the respective article and can be taken from the product description, brochure or similar documentation. Overdue goods are delivered at a later date free of charge. For especially bulky or heavy packages which Post/ DHL do not transport, the actual arising expenses for freight will be charged. Stone-Touch is authorised but not obligated to insure the goods at the expense of the buyer.
Freight and shipping exempt from charges are carried out only with special, written permission.
For shipments to countries outside the EU, the buyer is solely responsible, at his expense, for import taxes.

§ 6. Reservation of Proprietary Rights
Should a delivery take place, in exceptional cases, on the basis of an appropriately written agreement with the buyer, without payment in advance, ownership is only transferred to the buyer once full payment of the purchase price has been made. Before transfer of ownership, the buyer has no entitlement over the goods. As long as Stone-Touch is still the owner of the goods, the buyer shall inform Stone-Touch, without delay, when third parties claim rights to the goods, irrespective of in which manner.

§ 7. Guarantee
7.1 The current legal period of warranty of 24 months for new goods and 12 months for used goods is effective from the date of purchase. The guarantee encompasses all defects which are due to the material and processing procedure.
The rights of the buyer to the right of guarantee are dependent upon the buyer notifying Stone-Touch, in writing (letter) or per e-mail, stating the date of purchase.
The reclaimed goods should then be sent, once prompted, together with a copy of the original invoice as well as an informal description of the faults with postage adequately paid, to the ff. address:
Stone-Touch Sole Agency Germany
Ostseeallee 12
D 23946 Ostseebad
Boltenhagen

Freight collect articles will not be accepted by Stone-Touch

7.2  According to §437 of the German Civil Code the buyer only has the right to supplementary performance if the delivered goods are defect. Only after two unsuccessful supplementary attempts by Stone-Touch, has the buyer the legal right to guarantee claims, e.g. decreasing the purchase price and withdrawal from the contract.

7.3 With defective goods, if the buyer decides on a rectification (repair) of the defect, in order to assist with a speedy processing in the case of the guarantee, the buyer, at the request of Stone-Touch, has to immediately send the goods to the manufacturer, whose address the buyer will receive, without delay, from Stone-Touch. Stone-Touch will refund the buyer the incurred postage costs so long as the manufacturer does not undertake a reimbursement himself.

7.4 The right of guarantee is excluded for goods of all descriptions which are known to have production and/ or manufacturing defects. If the buyer changes, damages or improperly handles the delivered goods, the claim for guarantee expires as well.

7.5  Wear and tear (scuffing) does not fall under the right of guarantee. Under this falls for e.g. dents on the club head, broken club shanks, etc.

7.6  The relinquishment of guarantee claims to third parties is excluded.

7.7 The sale of the delivered goods by Stone-Touch by the buyer to third parties is prohibited because of the legal and/ or contractual guarantee claims to be referred to Stone-Touch.

7.8 If the buyer is a trader, a notice of defects does not affect the due date of the purchase price claim, unless authorisation has been accepted in writing by Stone-Touch or has been legally established.

7.9 Information about the function and usage of new and used goods or other technical information is issued by Stone-Touch to the best of their knowledge and as a result of existing experience. This information, however, does not constitute any legal warranties for the goods.

7.10 Stone-Touch is authorised to make the performance of guarantee dependent upon the buyer sending the damaged goods back to Stone-Touch beforehand in order to make an inspection of the reclamation possible. Insofar as the buyer refuses, Stone-Touch is freed from the guarantee. If it is shown that the mistake, despite a detailed inspection, cannot be determined, or that the mistake was caused by the buyer or that it is wear and tear, guarantee claims are excluded. The buyer will receive the goods back in the condition that it was sent to Stone-Touch, unless the buyer agreed beforehand, in writing, to accept the repair postage costs.

§ 8. Transport Damages
8.1 Transport damages can principally only be accepted when they have been immediately reported to Stone-Touch by the receiver/ buyer, either in writing or per e-mail or at least 48 hours after receiving the goods. Whereupon the observance of the deadline depends on the timely dispatch of the reporting.

8.2  With dispatches which are sent with the Post/ DHL where transport damage is apparent, either visually on the outside or when first opening the package, notification has to immediately be made, after receiving the parcel, in the form of a transcript. The receiver/ buyer is obliged to fulfil the above as well as notify Stone-Touch immediate about the transport damage. A breach of this obligation will result in an exclusion of a replacement claim.

8.3 Once the receiver/ buyer communicated, within the deadline mentioned in 8.1 above, that the goods were damaged by sending it through the post or have gone missing, Stone-Touch will immediately file a replacement claim in respect to the third party who caused the damage or an investigation request in respect to the whereabouts of the goods. Stone-Touch is not obliged to carry out a replacement delivery to the receiver/ buyer or to refund the purchase price to the receiver/ buyer, as long as the transport damage has not been clearly determined or the investigation request has not yet been completed. The receiver/ buyer is obliged to register the transport damage by transcript to the responsible transport company and to inform Stone-Touch about this.

§ 9. Liability
A liability above and beyond the regulation in §7 by Stone-Touch for direct or indirect damages (irrespective of the legal grounds and insofar as it is legally allowed) is excluded, unless the cause of the damage resulted from a deliberate act, gross negligence, the wilful concealment of the fault or on the absence of guaranteed appearance and workmanship

§ 10. Force Majeure
In the case that Stone-Touch cannot perform the owing services as a result of acts of nature beyond their control (especially war and natural disasters), Stone-Touch is exempt from the obligation to perform for the duration of the hindrance. If it is impossible for Stone-Touch to carry out the order or to deliver the goods because of acts of nature beyond their control for longer than 1 month, the buyer is entitled to withdraw from the contract. The buyer is not entitled to any other rights in this case.

 § 11. Data Protection
11.1 Stone-Touch abides by the legal data protection regulations and uses you data only for the intended purpose to which you have authorised us. We will process, save, analyse and use the data we have received because of our business relationship in terms of the data protection laws. We use personal data for the handling of orders and eventual reclamations. You have the right to request information at any time as well as a right to block and delete your saved data.

11.2 Stone-Touch strictly does not give your data to third parties. It is part of our principle to treat your data confidentially. Exceptions are only made in the case in which Stone-Touch has to fall back on service providers. These are for e.g. service providers for delivering packages, processing payments (purchase on account and debit entry), as well as sending letters or e-mails. The service providers are bound to utilise your data only so that they can fulfil their services to you. In any event, the service providers are bound, according to the German Data Protection Regulations, to handle the data responsibly.

§ 12. Place of Fulfilment, Court of Jurisdiction and Legal System
12.1 Deviations and supplements to these Terms and Conditions are only valid in written form.

12.2  The laws of the Federal Republic of Germany are valid. The validity of the agreement of the UN Convention on contracts for the international Sales of Goods on 11th April 1980 is ruled out.

12.3 If the buyer has no general national court of jurisdiction or he changes his domicile after closing the contract or his customary residence from the area of validity of the Federal Republic of Germany, the business location of Stone-Touch is the court of jurisdiction. This is also valid if the domicile or customary residence of the buyer at the time of the lodgement of the lawsuit is not known.

12.4  For the rest, the legal regulations are valid.

§ 13. Miscellaneous Agreements
Should single Terms and Conditions of this contract, whole or in part, be or become ineffective or should this contract contain a gap which needs to be filled, this does not affect the effectiveness of the rest of the Terms and Conditions of this contract.
In the place of the ineffective terms and conditions or the gap, a regulation comes into effect which serves an economical purpose in the agreement which would have been agreed upon, had the parties known about the ineffectiveness of the Terms and Conditions beforehand. Accordingly, the same applies for incompleteness in the Terms and Conditions

§ 14 Provider Identification
Stone-Touch Sole Agency Germany
Ostseeallee 12
D - 23946 Ostseebad Boltenhagen
Telephone: (+49) 03 88 25 – 29 212
Telefax: (+49) 03 88 25 – 29 202
Website: www.stone-touch.eu
e-mail: mail@stone-touch.eu

Ihr "Stone-Touch" Team

 
"Putting is 2 % technique and 98 % inspiration and "Touch" ...!!!" Jack Nicklaus