Términos del servicio

For Private Customers

1. Scope

These General Terms and Conditions (GTC) apply to all deliveries by stadichair GmbH + Co. KG (hereinafter “stadichair”) to consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial activity nor their self-employed professional activity.

Deviating and/or supplementary agreements require the express written consent of stadichair. This also applies to any waiver of the written-form requirement.

2. Contracting Party

The purchase contract is concluded with:

stadichair GmbH + Co. KG
Krackser Str. 12, Building 13
33659 Bielefeld
Germany

VAT ID: DE335520866
Commercial Register: Local Court (Amtsgericht) Bielefeld, HRA 16960
Managing Director authorized to represent the company: Sina Henkefend.

3. Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order. By clicking the “Buy” button, you submit a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receipt of your order.

Offers by stadichair are generally non-binding and subject to change. stadichair reserves the right to accept an order within a period of 3 days. Product photos shown in the online shop etc. may differ from the delivered items/packaging due to improvements, natural wear of the recycled materials used, or changes in sourcing. For products that are inherently unique in their condition (in this case: used stadium seat shells), warranty claims for the respective component are excluded.

If ordered products are no longer available and cannot be procured otherwise, stadichair has the right to withdraw from delivery of the affected products. The customer will be informed without undue delay. Amounts already paid for goods will be refunded immediately, provided the customer does not wish to receive a replacement delivery with an alternative product.

4. Delivery Conditions

Ordered products will be shipped as quickly as possible after receipt of payment using the selected shipping service provider. Under normal circumstances, delivery can take up to 5 business days. This applies provided the goods are in stock. If this is not the case, the delivery time is as stated in the respective product listing. For packaging and shipping within Germany, a flat shipping fee of EUR 7.95 is charged. Deliveries outside Germany, if not offered, can be arranged upon request via the contact form.

4.1 Transport Damage

The buyer is obliged to inspect the goods immediately upon receipt for transport damage and, if necessary, to refuse acceptance. Transport damage must always be reported to us without undue delay by email, including appropriate photos of the damage.

Please restore the carton including contents to its original condition upon acceptance of the goods. A complaint due to transport damage can only be accepted in the original condition at the time of receipt. If a report is received by us more than 3 days after receipt of the goods, it can no longer be asserted as transport damage with our shipping service provider DHL Paket GmbH.

5. Payment

Delivery is always made only after receipt of payment. On site, payment is possible with all standard EC and credit cards as well as Apple Pay and Google Pay. We also accept the invoice amount in cash (exact amount preferred).

6. Retention of Title

The goods remain the property of stadichair GmbH + Co. KG until full payment has been made.

7. Right of Withdrawal

If you are a consumer (i.e., a natural person placing the order for purposes that are not attributable to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with statutory provisions, unless otherwise stated in the respective product. If you exercise your right of withdrawal as a consumer pursuant to section 4.1, you must bear the regular costs of returning the goods.

In all other respects, the withdrawal rules apply as set out in detail below in the following:

8. Withdrawal Policy¹

8.1 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, have taken possession of the goods.

Contract declarations may be withdrawn within two weeks without stating reasons in text form (e.g., letter, email) and by returning the goods. The period begins at the earliest upon receipt of this information. To meet the withdrawal deadline, it is sufficient to send the withdrawal and the goods in due time. The withdrawal must be addressed to:

stadichair GmbH + Co. KG
Krackser Str. 12, Building 13
D – 33659 Bielefeld
Germany

reklamation@stadichair.de
+49521 32 922 391

If you make use of this option, we will send you confirmation of receipt of such withdrawal without undue delay (e.g., by email).

To meet the withdrawal deadline, it is sufficient that you send the notice of exercising the right of withdrawal before the withdrawal period has expired.

8.2 Consequences of Withdrawal

In the event of a valid withdrawal, any services already received must be returned and any benefits derived (if applicable) must be surrendered. If the received item cannot be returned in whole or in part, or only in a deteriorated condition, compensation for value may be owed to that extent, or the withdrawal may be rejected by the company. This does not apply to the provision of items if the deterioration is solely due to inspection of the item as would have been possible in a retail store. The scope of inspection for the products includes opening the shipping packaging, but not removing the product from it.

In addition, any obligation to pay compensation for value can be avoided by not using the item as if it were your property and by refraining from anything that could reduce its value. Items suitable for parcel shipment must be returned. As agreed in the GTC under “1. Delivery Conditions”, the consumer must bear the shipping costs. Accordingly, the buyer must also bear the costs of return shipment if the delivered goods correspond to the ordered goods. Otherwise, the return is free of charge.

Refund obligations must be fulfilled within 30 days after sending the withdrawal declaration. Excluded from the right of withdrawal are goods made to customer specifications, clearly tailored to personal needs, or not suitable for return due to their nature. The same applies to special offers and clearance stock.

— End of Withdrawal Policy —

(¹ This withdrawal policy does not apply to separate deliveries of goods.)

9. Warranty

Warranty is provided in accordance with statutory provisions. If the buyer is acting as an entrepreneur, the buyer’s rights due to defects are excluded. For the purchase of products where individual product components are unique due to their nature, warranty rights for that product component are excluded.

10. Place of Jurisdiction

For contracts with merchants, legal entities under public law, or special funds under public law, the seller’s registered office is agreed as the exclusive place of jurisdiction for all disputes arising from the business relationship, including actions on bills of exchange and cheques.

11. Dispute Resolution

The EU Commission has created an internet platform for online dispute resolution (ODR). The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at: http://ec.europa.eu/consumers/odr.

We are willing to participate in dispute resolution proceedings with consumers before a consumer arbitration board. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body to resolve the disputes mentioned.

Alternatively:

12. Miscellaneous

We reserve the right to correct printing errors, mistakes, as well as changes in prices and packaging. If any part of these agreements is invalid, the remaining parts of the General Terms and Conditions shall remain unaffected.

The stated seat height is for guidance and may vary in individual cases depending on the stadium seat shell (manufacturer and/or model) by up to 4 cm lower (i.e., < 50 / 75 / 85 cm seat height) and 2 cm higher (> 50 / 75 / 85 cm seat height).

For Business Customers

1. General and Scope

The user of these General Terms and Conditions is stadichair GmbH + Co. KG, represented by the management, Krackser Str. 12, Building 13, 33659 Bielefeld. These terms apply exclusively to the processing of all sales and deliveries carried out by us to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). Conflicting terms or terms deviating from our conditions shall apply only if we have expressly agreed to them in writing. These sales conditions also apply to all future transactions with the customer insofar as they are legal transactions of a related nature.

2. Offer and Contract Conclusion

Our offers are non-binding and without obligation. Declarations of acceptance and all orders require, for legal validity, our written confirmation or confirmation by remote transmission. This also applies if we have previously provided the customer with technical documentation, other product descriptions, or documents. Drawings, illustrations, dimensions, weights, or other performance data are binding only if expressly agreed in writing; otherwise, they are customary approximate values.

3. Documents Provided

3.1 We reserve ownership and copyright to all documents provided to the customer in connection with placing an order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we grant the customer our express written consent. If no contract is concluded, these documents must be returned to us without undue delay and otherwise destroyed.

3.2 If the customer provides drawings or technical documents regarding the goods to be delivered or their manufacture, we are permitted, for purposes of preserving evidence, to make or have made copies or similar at our expense.

4. Prices and Payment Terms

4.1 All prices are net prices, excluding VAT, which will be added at the rate applicable on the day of invoicing.

4.2 Unless otherwise agreed in writing, our prices are ex works, excluding packaging, freight, loading, and unloading. Additional ancillary services agreed will be charged separately. If the customer wishes, we will cover the delivery with transport insurance; the customer shall bear the associated costs.

4.3 Unless otherwise stated in the order confirmation or invoice, the purchase price is due net (without deduction) within 10 days from the invoice date. Payment of the purchase price must be made exclusively to our stated account. A cash discount may be deducted only with prior special written agreement.

4.4 If the customer is in default of payment, our claim shall bear interest at the statutory default interest rate applicable at the time; no separate reminder is required. We reserve the right to claim further damages caused by delay.

4.5 Unless a fixed-price agreement has been made, we reserve the right to make reasonable price adjustments due to changes in wage, material, freight, and distribution costs for deliveries that take place 3 months or later after conclusion of the contract.

5. Set-Off and Rights of Retention

5.1 The customer is not entitled to set-off unless the counterclaims are undisputed, acknowledged by us, or legally established.

5.2 If our payment claim is jeopardized by the customer’s lack of ability to perform (e.g., application for opening insolvency proceedings), we are entitled, under statutory provisions, to refuse performance and—if necessary after setting a deadline—to withdraw from the contract (Section 321 BGB). In the case of custom-made products, we may declare withdrawal immediately. Statutory provisions regarding the dispensability of setting a deadline remain unaffected.

6. Delivery Time, Transfer of Risk

6.1 Delivery dates are binding only if confirmed by us in writing as a binding delivery date; otherwise, our delivery periods are non-binding.

6.2 The customer is entitled, three weeks after exceeding the non-binding delivery date, to request in writing that we deliver within a reasonable period of at least a further three weeks. Exceeding the agreed delivery time entitles the customer to withdraw only after the customer has granted us a reasonable grace period and this has not been met. Otherwise, the occurrence of our default is governed by statutory provisions. In any case, a reminder by the customer is required. A reasonable grace period must be at least three weeks.

6.3 The start of the delivery time stated by us presupposes clarification of all technically required questions for execution of the order and is subject to correct and timely self-supply by our suppliers. Compliance with our delivery obligations also presupposes the customer’s timely and proper fulfillment of required cooperation duties. The defense of non-performance remains reserved.

6.4 If we cannot meet binding delivery deadlines for reasons beyond our control, we will inform the customer and determine a new delivery period that is reasonable under the circumstances. If performance is not available within the new delivery period either, we are entitled to withdraw from the contract in whole or in part; any consideration already provided will be refunded.

6.5 All events beyond our control, in particular cases of force majeure (e.g., war, blockade, fire, riot, strike, operational disruptions at upstream suppliers and at the seller) as well as unforeseeable governmental measures, entitle us at our discretion either to withdraw from the contract, to make partial deliveries where possible, or to postpone the time of delivery by the duration of the hindering event.

6.6 If we are responsible for non-compliance with bindingly promised deadlines and dates or if we are in default, the customer is entitled to default compensation of 0.5% for each completed week of delay, but no more than 5% of the invoice value of the deliveries and services affected by the delay. Any right to claim damages beyond this is limited to cases of delay in which at least grossly negligent breach of contract by us or our vicarious agents is proven.

6.7 If the goods are shipped at the customer’s request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch of the goods, at the latest upon leaving the warehouse. This applies irrespective of whether the shipment is made from the place of performance or who bears the freight costs.

7. Retention of Title

7.1 We retain title to the contractual item until fulfillment of all claims arising to us against the customer from the business relationship. This also applies to all future services, even if we do not expressly invoke it in each case.

7.2 During the retention of title period, the customer is obliged to treat the contractual item with care and, at their own expense, to insure it sufficiently against theft, fire, and water at replacement value. Any claims for compensation against the insurer are hereby assigned to us in the amount of the invoice value. The customer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. During the retention of title period, pledging or transfer by way of security is prohibited.

7.3 In the event of processing or transformation of the reserved goods by the customer, this is always carried out for us. If the purchased item is processed together with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the invoiced price of our contractual item to the other processed items at the time of processing. The above provision applies accordingly in the event of inseparable mixing or combination of the delivery item with goods not belonging to us. The customer shall store the resulting sole or co-ownership for us with the diligence of a prudent merchant.

7.4 The customer is entitled to resell the reserved goods in the ordinary course of business; the customer hereby assigns to us—without further declaration being required—the claim from the resale of the reserved goods with all ancillary rights in the amount of the invoice amount (incl. VAT) by way of security, regardless of whether the contractual item is resold without or after processing. The assignment also includes any balance claims. The portion of the claim assigned to us must be satisfied with priority. The customer remains authorized to collect the claim even after the assignment until revocation. Where legitimate interests exist, in particular in the event of default of payment, we are entitled to revoke the customer’s collection authority. Upon request, the customer must disclose the amount of the assigned claim, the identity of the debtor, and all other information required for collection, hand over the relevant documents, and notify the debtor of the assignment.

7.5 We undertake to release the securities to which we are entitled at the customer’s request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.

7.6 In the event of breaches of duty by the customer, in particular default of payment, we are entitled, even without setting a deadline, to demand return of the goods and/or—if necessary after setting a deadline—to withdraw from the contract; the customer is obliged to surrender the goods. A demand for surrender of the goods does not constitute a declaration of withdrawal on our part unless we expressly declare this. In the event of repossession of the goods, we are entitled to realize them; the proceeds of realization shall be credited against the customer’s liabilities—less reasonable realization costs.

8. Liability for Defects

8.1 We are liable for the goods being free of material defects and defects of title in accordance with statutory provisions, unless otherwise stipulated below.

8.2 The customer’s defect claims require that the customer has complied with their statutory duties of inspection and notification of defects under Section 377 of the German Commercial Code (HGB)—already in the case of any initial sample inspection to be carried out. If we must deliver according to drawings, specifications, samples, or similar from the customer, the customer bears the risk of suitability for the intended purpose.

8.3 In the case of delivery of goods, we shall initially provide warranty for defects at our discretion by remedying the defect or delivering a replacement (subsequent performance). The customer must grant us a reasonable period for subsequent performance. Remedial work shall be deemed to have failed only after the second unsuccessful attempt. If subsequent performance fails, the customer may, at their choice, demand a reduction in price or withdraw from the contract. Statutory cases in which setting a deadline is dispensable, and Sections 478 and 479 BGB, remain unaffected. The customer’s right to claim damages pursuant to Clause 9 of this contract also remains unaffected.

8.4 Claims for rescission and/or damages do not exist in the event of only minor deviation from the agreed quality, only minor impairment of usability, natural wear and tear, or damage arising after transfer of risk due to incorrect or negligent handling, excessive use, unsuitable operating materials, or special external influences not assumed under the contract. If improper repair work or changes are carried out by the customer or third parties, no defect claims shall exist for these and the resulting consequences.

8.5 Warranty and damage claims against us that are connected with a defect in the goods become time-barred 12 months after transfer of risk. This does not apply in the event of supplier recourse pursuant to Sections 478 and 479 BGB; in that respect, statutory provisions apply.

8.6 The limitation period under 8.5 applies subject to the following: (a) it does not apply in cases of intent, fraudulent concealment of a defect, or insofar as we have assumed a guarantee for the quality of the delivery item; (b) it does not apply to damage claims in the event of grossly negligent breach of duty, culpable breach of essential contractual obligations (not consisting in delivery of a defective item or provision of a defective work service), culpable injury to life, body or health, or claims under the Product Liability Act. The limitation periods for damage claims also apply to compensation for futile expenses.

8.7 All complaints as well as the customer’s rights due to defects must be submitted to us in text form, e.g., by letter, fax, or email.

9. Liability for Other Damage

9.1 If the customer is not entitled for legal reasons to dissolve the contractual relationship (in particular by withdrawal or rescission) and, even after expiry of a 14-day grace period set by us to provide written confirmation of continued proper performance of the contract, refuses to do so, the customer shall pay damages in the amount of 15% of the gross order total, unless we prove higher damages. The customer is expressly permitted to prove that no damage or depreciation occurred at all or that it was significantly lower than the flat rate. We reserve the right to assert damages exceeding this flat rate additionally due to any depreciation in the value of the goods that may have occurred.

9.2 In the event of delays attributable to the customer regarding acceptance and/or taking delivery of the goods that arise after written notice, we are entitled to invoice the additional expenses incurred as a result and to charge storage fees at the customary local rates. The customer is expressly permitted to prove that, in the specific case, no damage occurred or that the damage was substantially lower.

9.3 Liability for customer-supplied material and consequential costs is limited to a maximum of the order value. Despite careful work, technical scrap cannot be completely avoided. A review of the material properties specified by the customer is generally not carried out unless at the request and expense of the client. Processing steps, material, etc. suggested by us do not relieve the customer of the obligation to check suitability for their purposes themselves.

10. Miscellaneous

10.1 If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.

10.2 Contract amendments, supplements and ancillary agreements require text form to be effective, unless otherwise stated in these General Terms and Conditions. This also applies to amendment of this text-form clause.

10.3 Deviating from paragraph 2, changes or supplements agreed informally are also effective if they are made in an individual case and individually agreed with the customer (individual agreements within the meaning of Section 305b BGB).

10.4 The stated seat height is for guidance and may vary in individual cases depending on the stadium seat shell (manufacturer and/or model) by up to 4 cm lower (i.e., < 50 / 75 / 85 cm seat height) and 2 cm higher (> 50 / 75 / 85 cm seat height).

11. Place of Performance and Jurisdiction – Applicable Law

11.1 Unless otherwise stated in the order confirmation, our registered office is the place of performance for delivery of the purchased item if the customer is a merchant, a legal entity under public law, or a special fund under public law.

11.2 If the customer is a merchant, our registered office is the exclusive place of jurisdiction for all present and future claims arising from or in connection with this contractual relationship; however, we are also entitled to sue the customer at the court of their place of residence.

11.3 German law shall apply to all disputes arising from and in connection with this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The same applies if the customer has no general place of jurisdiction in Germany or if the domicile or habitual residence is unknown at the time legal action is brought.