I. General Terms and Conditions of Stecker Express GmbH
§ 1 Basic provisions
(1) All products offered by Stecker Express GmbH are intended exclusively for knowledgeable and technically experienced consumers and companies from industry, trade, commerce, and the liberal professions. They are intended for use in the course of independent professional or commercial activities. By purchasing, you confirm that all products purchased from STECKER EXPRESS will be processed or used exclusively by knowledgeable and authorized persons. The items are only to be used within the scope of professional or commercial activities that require the relevant specialist knowledge. They must be used in accordance with the technical requirements and in compliance with the applicable regulations.
(2) Our following terms and conditions apply to all deliveries and services. By accepting our services, these terms and conditions are agreed upon even without the express consent of the customer. The customer's terms and conditions shall not apply even if we do not expressly object to them and carry out the delivery. The purchase contract is concluded with Stecker Express GmbH, Lembergstraße 52, 72766 Reutlingen, Germany (STECKER EXPRESS). STECKER EXPRESS concludes contracts with customers who are expert and technically experienced consumers in Germany or corporate customers in a country of the European Union. If an offer from a non-accepted participant is accidentally accepted by STECKER EXPRESS, STECKER EXPRESS has the right to withdraw from the contract within a reasonable period of time. Orders placed via the online shop will be delivered to goods recipient addresses in countries listed under the following link: https://stex24.com/order-shipping/delivery-shipping-costs
(3) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time by clicking on the corresponding button in the navigation bar and make changes there. After clicking on the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data and the payment and shipping conditions, the order data will be displayed to you as an order overview.
Before submitting the order, you have the opportunity to check the details in the order overview again, change them (also using the “back” function of your Internet browser) or cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order with obligation to pay” or similar designation), you are submitting a binding offer to us.
(3) The offer is accepted (and the contract is concluded) immediately after the order is placed by means of a written confirmation (e.g., email) confirming the execution of the order or delivery of the goods (order confirmation).
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that they are not prevented by spam filters.
(6) Our representatives are not authorized to make any guarantees or agreements that deviate from these terms and conditions. Any such agreements require our written confirmation to be effective.
(7) If, between the conclusion of the contract and delivery, there is an unforeseeable increase in material, labor, transport costs, taxes, or duties, we shall be entitled to adjust the price accordingly at our reasonable discretion, provided that delivery is not to take place within four months of the conclusion of the contract. If the customer makes changes after conclusion of the contract, we may adjust the prices in accordance with the additional costs incurred as a result.
§ 3 Individually designed goods
(1) You shall provide us with the information, texts, or files necessary for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to names, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this connection. This also includes the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness and therefore accept no liability for errors.
(4) Cut goods of meter articles
Shortages and excess lengths of +/- 10% are permissible. Delivery may be made in partial lengths. The length-related measurement tolerance is ± 0.5%. Special products sold by the meter are produced according to the production length. Goods sold by the meter are delivered either as a ring or on a drum, depending on their weight and length. For accessories sold by the meter from the catalog, a length tolerance of +/- 5% may apply. This may also be the case in particular for several cuts of the same length. If no division lengths are specified in the order, STECKER EXPRESS reserves the right to determine the division lengths or presentations in accordance with our defined standard lengths.
(5) Piece goods
Piece goods are delivered in packaging units, while accessories can be delivered individually or as packaging units in accordance with the catalog. For accessories not listed in the catalog, an overdelivery of 15% or an underdelivery of 10% is permissible.
(6) Assembled and manufactured items
Articles that are assembled are, like any type of manufactured, modeled, or cut article, custom-made and cannot be returned.
(7) Return of goods
The current terms and conditions for complaints, right of withdrawal, and return of goods for consumers or companies/business customers can be found at the following link: https://stex24.com/withdrawal
§ 4 Special agreements on payment methods offered
(1) Credit check
If we make advance payments, e.g. for payment on account or direct debit, your data will be passed on to Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, Germany, for the purpose of credit assessment based on mathematical-statistical methods in order to protect our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
Invoice (“Pay Later”): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice); the terms for the option to extend the payment term can be found at https://cdn. klarna.com/1.0/shared/content/legal/terms/0/en_US/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension).
The Klarna invoice terms for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice); the terms and conditions for the option to extend the payment term can be found at https://cdn.klarna. com/1.0/shared/content/legal/terms/0/en_us/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension).
Installment purchase (“Financing”): For more information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for Germany, please visit https://cdn.klarna. com/1.0/shared/content/legal/terms/0/en_US/account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account); the terms and conditions for the “Pay in 3 installments” payment option can be found at https://cdn.klarna. com/1.0/shared/content/legal/terms/0/en_US/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3).
Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for Austria, can be found at https://cdn.klarna. com/1.0/shared/content/legal/terms/0/en_US/flex_account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account); the terms and conditions for the “Pay in 3 installments” payment option can be found at https://cdn.klarna. com/1.0/shared/content/legal/terms/0/en_us/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3).
- Direct debit (“Pay Now”)
- Credit card (“Pay Now”)
- Instant transfer (“Pay Now”) The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks during the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
For more information about Klarna and the Klarna terms of use for the United States, please visit https://cdn.klarna. com/1.0/shared/content/legal/terms/0/en_US/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).
For more information about Klarna and the Klarna terms of use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user) and https://www.klarna. com/at/ (https://www.klarna.com/).
(3) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via ‘PayPal’ / ‘PayPal Checkout,’ payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed under a correspondingly labeled button on our website and in the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be notified separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
(4) Payment via “Mollie”
If you select a payment method offered via “Mollie,” payment will be processed by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods available via “Mollie” will be displayed to you under a corresponding button on our website and during the online ordering process. Mollie may use other payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about Mollie, please visit https://www.mollie.com/de (https://www.mollie.com/).
(5) Payment on account directly via Stecker Express
The invoice will be issued when the goods are shipped. If the shipment of goods ready for dispatch cannot be carried out for reasons within the customer's sphere of responsibility, the invoice will still be issued and is due for payment. Unless otherwise stated in the order confirmation, the invoice amount is payable net within 14 days of the date of issue.
5.1 In the event of late payment, we are entitled to charge statutory default interest and a flat fee of EUR 40. We reserve the right to claim further damages. The customer has the opportunity to prove that no damage or significantly less damage than the lump sum has been incurred. Payments shall always be used to settle the oldest debt due, including any default interest, unless the customer gives express instructions to the contrary. The interest shall be offset first.
5.2 The customer may only offset undisputed or legally established claims or exercise a right of retention on the basis of such claims, unless the customer asserts material defects. In the event of retention of payment, the customer's claim must be based on the same contractual relationship.
5.3 In the case of contracts for work and services, the unconditional payment of our invoice shall be deemed to constitute unconditional acceptance of our performance and a waiver of any contractual penalties that may be incurred.
5.4. Assignment of claims and collection procedures: The customer agrees that the provider may assign claims from deliveries and services to an external financial service provider within the framework of a factoring agreement. In this case, the customer is obliged to make payments with debt-discharging effect exclusively to the new holder of the claim. In the event of default in payment, the provider reserves the right to transfer the outstanding claims to a collection agency. All additional costs incurred as a result of the default in payment, in particular collection fees, shall be borne by the customer.
5.5 Percentage or value vouchers can be redeemed in the online shop. Percentage vouchers have a percentage value by which the purchase price is reduced. Value vouchers refer to a fixed amount in euros. The current terms and conditions can be found at the following link: https://stex24.com/order-shipping/voucher-terms-and-conditions
(6) Default of payment
6.1. If you are in default of payment, all existing and not yet due claims shall become due for payment immediately. In order to avoid any inconvenience, we therefore recommend that you carefully observe the agreed payment deadlines.
When paying by “purchase on account” or “direct debit,” depending on which payment method(s) are offered, the purchase price claim is assigned to SVEA GmbH. The data required for payment processing will be transmitted to SVEA GmbH. The purpose of the data transfer is, among other things, to enable SVEA GmbH to carry out an identity and credit check in order to process your purchase using your preferred payment method. The processing is carried out on the basis of Art. 6 (1) lit. f GDPR from the legitimate interest in offering various payment methods and the legitimate interest in protecting against payment default. You have the right to object to the processing of your personal data based on Art. 6 para. 1 lit. f GDPR at any time for reasons arising from your particular situation by notifying us. The privacy policy of SVEA GmbH can be found here: https://www.svea.com
If you wish to obtain information about the use of your personal data, you can contact datenschutz@svea-germany.de at any time. The provision of data is necessary for the conclusion of the contract with the payment method you have chosen. Failure to provide this data will result in the contract not being concluded with the payment method you have chosen.
6.2. For all payment service providers not specifically listed
The provider may use external payment service providers (e.g., credit card companies, Sofortüberweisung, or similar) to process payments. In this case, payment processing will be carried out directly by the respective service provider, whose terms and conditions may apply in addition to these terms and conditions. The customer agrees to the transfer of the data required for payment processing (e.g., name, invoice amount, payment information) to the respective payment service provider. The provider accepts no liability for any errors or disruptions that fall within the responsibility of the payment service provider.
§ 5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs represent the total prices. They include all price components, surcharges, and taxes are included in the private customer shop.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition to the purchase price, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by banks), which shall be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by banks) shall be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§ 6. Dates and deadlines:
The delivery dates and deadlines stated in the order confirmation will be adhered to by STECKER EXPRESS to the best of its ability, but are only intended as an estimate and not as a fixed or calendar-based delivery time.
(1) Delivery periods shall only commence after all details have been clarified in full. The execution of deliveries is subject to the timely response to all queries, the transmission of all necessary drawings and documents or parts to be provided, and the granting of all necessary approvals and authorizations. Otherwise, the delivery period shall be extended in accordance with the delay caused by the customer.
(2) A deadline or date shall be deemed to have been met if the shipment has been dispatched within the deadline or on the agreed date, notification of readiness for dispatch has been given, or the goods have been collected.
(3) We shall only be obliged to perform and deliver if the customer has made all agreed payments. In the event of late payments, we may extend the delivery periods accordingly.
(4) If non-compliance with a deadline or date is due to force majeure, mobilization, war, unrest, strikes, lockouts, pandemics, viruses, and other attacks on the IT system of STECKER EXPRESS, provided that these occur despite the usual care being taken with protective measures, or to other unforeseeable obstacles affecting our operations and occurring after conclusion of the contract or becoming known to STECKER EXPRESS, the deadline or date shall be extended accordingly. This shall also apply to unforeseeable events affecting the operations of our suppliers and for which neither they nor STECKER EXPRESS are responsible.
(5) Partial deliveries are permissible.
(6) The quantities and weights delivered ex works by STECKER EXPRESS or handed over for shipment shall be decisive for invoicing.
(7) For intra-Community deliveries, the customer is obliged to provide STECKER EXPRESS with its VAT ID number and the necessary information for verifying tax exemption, as well as to provide the necessary supporting documents. If the customer does not fulfill these obligations in good time, we will treat the delivery as taxable. We are then entitled to charge and demand the applicable amount in addition to the sales tax. If we have wrongly accepted a delivery as tax-exempt due to incorrect information provided by the customer, the customer is obliged to indemnify STECKER EXPRESS against the tax liability and to bear all additional expenses.
(8) In the event that STECKER EXPRESS is not supplied with the ordered goods by its supplier despite an existing contractual obligation, STECKER EXPRESS shall have the right to withdraw from the contract. As soon as this occurs, STECKER EXPRESS shall inform the customer immediately and notify them that the ordered product is not available. Any payments already made shall be refunded immediately.
§ 7 Right of retention, retention of title, shipping, transfer of risk:
(1) Freight costs & shipping costs
The current prices and conditions for freight costs and shipping costs can be found at the following link: https://stex24.com/order-shipping/delivery-shipping-costs
(2) Terms of delivery
2.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
2.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not specified by the entrepreneur or another person designated to carry out the shipment.
We bear the shipping risk if you are a consumer. In this case, all prices are ex works and include the applicable statutory value-added tax. If you are acting as an entrepreneur, the following conditions apply: Unless otherwise agreed, all prices are ex works (in accordance with Incoterms 2020) plus the applicable statutory value-added tax in Germany. All deliveries outside Germany are also shipped ex works. Any customs duties, import and export duties shall be borne by the recipient. The prices do not include packaging costs, but loading at the STECKER EXPRESS factory is provided. Transport, unloading and installation of the system/system parts at the destination, as well as disassembly and assembly, will be charged according to actual expenditure.
Unless otherwise agreed, the risk shall pass upon provision of the services for shipment and notification of readiness for shipment. For deliveries ex works, shipment is at the risk of the customer. Insurance shall only be taken out at the express request of the customer, whereby the costs shall be borne by the customer.
(3). Compensation
STECKER EXPRESS accepts no liability for lost profits. Claims for damages and reimbursement of expenses by the customer are excluded, regardless of their legal basis, in particular due to breach of duties arising from the contractual relationship and from tort.
The provision in the preceding paragraph shall not apply insofar as liability exists as follows:
• under the Product Liability Act
• in the event of intent (malice)
• in the event of non-compliance with a guarantee assumed
• in the event of gross negligence on the part of legal representatives or vicarious agents
• due to culpable injury to life, limb or health
• in the event of claims by the customer pursuant to Section 445 a of the German Civil Code (BGB) due to culpable breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. This expressly includes performance obligations.
3.1 Claims for damages for slightly negligent breach of essential contractual obligations are limited to the foreseeable damage typical for this type of contract. The limitation also applies if the customer demands compensation for futile expenses instead of a claim for compensation for damages in lieu of performance.
3.2 Our liability for the loss or alteration of data shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risk.
§ 8. Notification of defects and warranty:
(1) The statutory rights to warranty for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
4.1. Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements made by the manufacturer.
4.2. In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
4.3. The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:
- to damage attributable to us caused by injury to life, limb, or health and to other damage caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the event of statutory recourse claims that you have against us in connection with warranty rights.
(5) STECKER EXPRESS does not assume any warranty for impairments to the delivery item due to natural wear and tear, damage after transfer of risk or improper handling.
(6) STECKER EXPRESS's liability shall lapse if the customer or a third party carries out reworking or modifications to our delivery without our prior consent or uses parts that were not supplied or approved by STECKER EXPRESS.
(7) If STECKER EXPRESS provides CAD data, DWG data, production plans, and/or drawings (hereinafter referred to as “data”) as part of the service (regardless of the transmission method and file format), the following warranty provisions shall apply:
7.1 The data provided is for informational purposes only regarding the materials and dimensions to be used.
7.2 The provision of the data and these provisions on the use of the data do not constitute any guarantees or assurances, in particular with regard to possible production processes. Likewise, no warranty claims arise from this.
7.3 The provision of the data and these provisions on the use of the data do not constitute any guarantees or assurances, in particular with regard to possible production processes. Likewise, no warranty claims arise from this.
7.4 If STECKER EXPRESS provides data for use free of charge, claims for damages and reimbursement of expenses by the customer are excluded, regardless of the legal basis, in particular due to breach of duties arising from the contractual relationship and from tort. This applies in particular to the accuracy, completeness, quality, and reliability of the data and information contained therein, as well as to the results that can be achieved through the use of the data and information. The user should only make decisions regarding the use of the data provided by STECKER EXPRESS in consultation with STECKER EXPRESS.
§ 9. Disclaimer, indemnification, and risk limitation for exports outside the EU, in particular to the USA
(1.) Our products are intended exclusively for use within the European Union (EU) and comply with the legal requirements and technical standards applicable there. Any use, delivery, or resale in countries outside the EU (“third countries”)—in particular to the United States of America (USA)—is prohibited without our prior express written consent and is at the sole risk of the customer.
(2.) The customer bears sole responsibility for compliance with all legal, regulatory, and safety regulations applicable in the respective third country—in particular in the USA—as well as for all necessary approvals, certifications, or registration requirements. We assume no responsibility for the conformity of our products with legal requirements outside the EU.
(3.) We accept no liability whatsoever for damages of any kind – in particular for personal injury, property damage or financial loss – arising in connection with the export, resale, commissioning or use of our products in third countries. This applies in particular to claims under foreign product liability law, such as the U.S. Product Liability Law, regardless of who asserts such claims.
(4.) The customer undertakes to indemnify us in full against all claims by third parties – including its own customers and their customers – arising in connection with the export, resale or use of our products in third countries, in particular in the USA. The indemnification also includes all costs of legal defense, including reasonable attorney's fees, court costs and expert opinions in the USA and abroad.
(5.) The customer is obliged to ensure, through appropriate contractual provisions with its customers, that our limitations of liability and indemnification obligations are passed on and enforced throughout the entire supply chain. Upon request, the customer must provide evidence of the conclusion of such agreements. Recourse against us pursuant to § 478 BGB or comparable foreign provisions is excluded.
(6.) The customer further undertakes to take out and maintain, at its own expense, sufficient product liability insurance for the delivery and use of the products in third countries – in particular in the USA – which also includes an indemnification of our company in the event of damage. Suitable proof of insurance must be provided upon request.
(7.) Any warranty or guarantee claims with regard to the suitability of the products for markets outside the EU – in particular for the US market – are excluded. Delivery shall be made – to the extent permitted by law – without any guarantee or assurance regarding usability in third countries (“as is”).
(8.) Our liability – regardless of the legal basis – is limited to intent and gross negligence. Any further liability, in particular for indirect damage, consequential damage, lost profits, recall costs or pure financial losses, is excluded. In any case, liability is limited to the net order value of the respective product.
(9.) German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contractual relationship is our place of business. Deviating or conflicting statutory provisions from third countries, in particular from the product liability law of the USA, shall not apply.
§ 10. Retention of title:
(1) The goods remain our property until the purchase price has been paid in full.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the goods subject to retention of title.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
(5) If the goods subject to retention of title are processed, combined, mixed or blended with other goods or items not belonging to STECKER EXPRESS, STECKER EXPRESS shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title in relation to the other processed goods or items at the time of processing, combination, mixing or blending. If the customer acquires sole ownership of the new item, the contracting parties hereby agree that the customer shall grant STECKER EXPRESS a co-ownership share in the new item corresponding to the invoice value of the processed or combined reserved goods in relation to the invoice value of the other processed goods or items. The manufacturing costs, overhead costs, and other imputed cost factors shall not be taken into account when calculating our co-ownership share. The customer is obliged to disclose its calculations regarding the use of goods upon request in order to determine STECKER EXPRESS's co-ownership share. It is hereby agreed that the customer shall store the items belonging to STECKER EXPRESS free of charge for STECKER EXPRESS.
(6) The customer hereby assigns to STECKER EXPRESS all claims arising from the resale of our reserved goods in the amount of the purchase price agreed with STECKER EXPRESS as security; we accept this assignment. Resale is only permitted if the aforementioned assignment allows for an effective transfer of the claims. If the reserved goods are resold together with other goods, regardless of whether before or after processing, combination, mixing, or blending, the above-agreed advance assignment shall only apply to the invoice value of the reserved goods that are resold together with the other goods.
(7) In the case of contracts for services or work and materials in which STECKER EXPRESS's retention of title expires, the customer hereby assigns to STECKER EXPRESS as security the wage claim in the amount of the invoice value of the processed goods subject to retention of title, and we accept this assignment.
(8) This collection authorization shall also expire without our express revocation if the customer fails to meet its obligations to STECKER EXPRESS or falls into financial collapse, in particular if insolvency proceedings are initiated against it or if there is a possibility that the collected amounts cannot be transferred to STECKER EXPRESS. In the case of partial payments on wage claims partially assigned to STECKER EXPRESS, the customer is obliged to first offset the partial payment against the portion of the claim not assigned to STECKER EXPRESS. Between STECKER EXPRESS and the customer, partial payments collected by the customer shall always be deemed to have been used to settle the portion not assigned to STECKER EXPRESS.
(9) The collection authorization does not include factoring. STECKER EXPRESS also does not consent to the assignment of the resale or wage claims assigned to STECKER EXPRESS within the scope of a genuine factoring agreement.
(10) Upon request, the customer is obliged to provide STECKER EXPRESS with written information at any time about the whereabouts of the goods subject to our retention of title. He must name other owners and the debtors of the assigned claims to STECKER EXPRESS and provide STECKER EXPRESS with all information and documents necessary for the collection of the assigned claims, including the contract documents and invoices. Upon request, the customer must notify the debtor of the assignment. The customer is obliged to provide STECKER EXPRESS with copies of the assignment notices at any time. He must inform STECKER EXPRESS immediately of any impairments to our retention of title rights or other securities, in particular seizures.
(11) In the event of a breach of contract by the customer, in particular in the event of default in payment of a claim arising from the business relationship, as well as if the customer suffers a loss of assets, suspends payments, files for bankruptcy, or asks its creditors for an out-of-court settlement, STECKER EXPRESS may withdraw from the contract after setting a reasonable deadline and demand the return of the goods.
(12) STECKER EXPRESS undertakes to release the securities to which STECKER EXPRESS is entitled upon request by the customer, insofar as the realizable value of our securities exceeds the claims to be secured by more than 20%. The selection of the securities to be released is at the discretion of STECKER EXPRESS.
(13) Rights to documents; design and program changes:
STECKER EXPRESS reserves the right of ownership and copyright to cost estimates, drawings, and other documents, both in print and electronic media. These may not be made accessible to third parties without express consent. STECKER EXPRESS reserves the right to change designs and designs based on new findings and improvements. The production of copies or reproductions, even in part, is only permitted with our permission.
§ 11. Reservation of performance:
(1) The customer is obliged to strictly comply with all relevant national and international export regulations. He must obtain any necessary permits and provide all information and documents required for export, transport or import into the relevant country of delivery in good time. Delays due to export checks or approval procedures shall result in agreed deadlines and delivery times no longer being valid. In such a case, STECKER EXPRESS and the customer must jointly agree on reasonable new deadlines. If the necessary approvals are not granted within 6 calendar weeks after the delays, the contract shall be deemed not to have been concluded with regard to the parts concerned. The customer shall have no claim for damages in relation to these parts or due to the aforementioned delay. If desired, STECKER EXPRESS will inform the customer of the relevant contact points for further information.
(2) In the event of a culpable breach by the customer, the customer shall be obliged to indemnify STECKER EXPRESS upon first request against any claims and to compensate STECKER EXPRESS for any damages incurred by STECKER EXPRESS's suppliers or licensors, third parties, state and/or international authorities or organizations. The same shall apply to damages and expenses incurred by STECKER EXPRESS.
(3) The fulfillment of the contract by STECKER EXPRESS is subject to the proviso that there are no obstacles due to German, US, or other applicable national, EU, or international foreign trade regulations, as well as no embargoes or other sanctions.
(4) All deliveries by STECKER EXPRESS are made on condition that the customer complies with all foreign trade regulations of the European Union, Germany, the United Kingdom, and other applicable national regulations when reusing or reselling the services. This applies in particular to deliveries to Russia or Belarus and to sanctioned persons and companies. In case of uncertainty, STECKER EXPRESS is entitled to demand a corresponding end-use declaration from the customer. Until such a declaration is received, STECKER EXPRESS is released from its obligation to provide the service.
(5) In the event of a breach of this obligation, the customer shall indemnify STECKER EXPRESS against any claims by third parties upon first request. In this case, STECKER EXPRESS shall also be entitled to terminate all existing contracts with immediate effect and to assert its statutory claims for damages.
(6) All obligations of STECKER EXPRESS are subject to proper delivery to itself. A corresponding declaration by the upstream supplier shall be deemed sufficient proof that STECKER EXPRESS is prevented from delivering through no fault of its own. In addition, STECKER EXPRESS reserves the right to carry out collection operations at its own discretion in the event of delivery problems with upstream suppliers.
(7) STECKER EXPRESS shall inform the customer immediately of the unavailability and refund any payments made without delay. The same applies if necessary export licenses are not granted or cannot be used.
§ 12. Complaints, right of withdrawal, and return of goods for consumers or companies/business customers:
(1) Consumers, but not entrepreneurs, have a statutory right of withdrawal of 14 days. The following cancellation policy applies exclusively to consumers. The right of cancellation does not apply (even for consumers) to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or which can spoil quickly or whose expiration date would be quickly exceeded. It also does not apply to goods that are not suitable for return after removal of their seal for reasons of health protection or hygiene, as well as goods that have been inseparably mixed with other goods after delivery due to their nature. All information on revocation and your revocation policy can be found at https://stex24.com/withdrawal
§13. Contract language, contract text storage
(1.) The contract language is German.
(2.) The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive your order, the order details, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
(3.) For requests for quotes outside the online shopping cart system, you will receive all contract details in a binding quote in text form, e.g., by email, which you can print out or save electronically.
(4.) Codes of conduct
4.1. We have submitted ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
(5.) Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
Information on data protection can be found at this link: https://stex24.com/data-protection-policies
§ 14 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favor).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(4) Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr (https://ec.europa.eu/odr). We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr (https://ec.europa.eu/consumers/odr).
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
(5). Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions of “Conclusion of the contract” in our General Terms and Conditions (Part I.).
§ 15. Severability clause:
(1) Should individual parts of this contract be or become legally invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall cooperate to replace the invalid provision with a legally valid and effective provision that is suitable for achieving the intended purpose of the invalid provision. The same applies to the filling of contractual gaps.
(2) Only the German version of these GTC shall be binding. Only this version is authoritative for the content of these GTC and the rights and obligations arising from them. Versions in other languages are non-binding translations for information purposes only.
II. Customer information
1. Identity of the seller
Stecker Express GmbH
Lembergstr. 52
72766 Reutlingen
Germany
Email info@stex24.com
(2) These General Terms and Conditions and customer information were created by lawyers specializing in IT law at Händlerbund and supplemented by experts in the field. They are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts provided by you and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: 22.04.2025
More information
Privacy policy
Imprint
Terms and conditions
Guidelines for vouchers