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STELLENBERG Kitzbühel Alps GmbH
Pass-Thurn-Straße 22-24
A-6372 Oberndorf in Tirol
Sonnblickweg 1
5731 Hollersbach
Managing Director:
Lena Kornau
Contact Information:
Email: info@stellenberg-group.com
Tax Number: 90 339/5119
VAT ID: ATU76477457
The Stellenberg Group:
R&L Munich Invest GmbH
Ludwigpalais
Ludwigstraße 8
D-80539 MünchenAI SUMMIT Management LLC
66 W Flagler St.
FL-33130 MiamiSTELLENBERG Living Oceanview Villas
1 Fiskaal Close
ZA-8005 Camps Bay, Cape TownLandlust Bolzum GmbH
Ehrenbergstraße 16a
D-10245 Berlin
General Terms and Conditions (GTC) and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
The following terms and conditions apply to contracts you enter into with us as a provider (STELLENBERG Kitzbühel Alps GmbH) via the website www.stellenberg-group.com. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that may be used.
The term „consumer“ in these terms and conditions refers to any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. The term „entrepreneur“ refers to any natural or legal person or a partnership with legal capacity who, at the time of the conclusion of a legal transaction, is acting in the exercise of their trade, business, or profession.
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., via email), which you may accept within 30 days.
The processing of the order and the transmission of all information required in connection with the contract conclusion shall be carried out via email, partly automated. You must ensure that the email address you have provided to us is correct, and that the receipt of emails is technically ensured and, in particular, not prevented by SPAM filters.
§ 2 Individually Designed Goods
You must provide us with the necessary information, texts, or files required for the individual design of the services through the online ordering system or via email promptly after the conclusion of the contract. Any specifications regarding file formats must be adhered to.
You agree not to transmit any data whose content violates the rights of third parties (especially copyright, trademark, or naming rights) or existing laws. You explicitly indemnify us from any third-party claims asserted in this context. This also applies to the costs of the necessary legal defense in this context.
We do not review the data transmitted for accuracy and therefore assume no liability for errors.
If indicated in the respective offer, you will receive a correction template from us, which must be reviewed immediately. If you agree with the design, you must release the correction template by signing it in text form (e.g., via email). No design work will be carried out without your approval.
You are responsible for reviewing the correction template for accuracy and completeness and for notifying us of any errors. We assume no liability for unreported errors.
§ 4 Special Agreements Regarding Payment Methods Offered
Credit Check
If we make an advance delivery, e.g., in the case of payment by invoice or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for the purpose of a credit check based on mathematical-statistical methods to protect our legitimate interests. We reserve the right to refuse payment by invoice or direct debit based on the result of the credit check.Payment by Invoice and Financing via Klarna Germany
In cooperation with Klarna, we offer you the option to purchase on account and installment payments. Please note that Klarna invoice and Klarna installment purchase are only available to consumers, and payment must be made to Klarna.Klarna Invoice: When purchasing on account with Klarna, you always receive the goods first and have a payment term of 14 days. You can find the full terms and conditions for invoice purchase here.
Klarna Installment Purchase: With Klarna’s financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (minimum €6.95). Further information on Klarna installment purchase, including the general terms and conditions and the European standard information for consumer credits, can be found here.
Privacy Notice: Klarna checks and evaluates your data information and maintains an exchange of data with other companies and credit reporting agencies in the case of legitimate interest and reason. Your personal data will be treated in accordance with the applicable data protection regulations and as stated in Klarna’s privacy policy.
§ 5 Right of Retention, Retention of Title
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
The goods remain our property until full payment of the purchase price.
If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice value, and 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.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) 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 choice of securities to be released is at our discretion.
§ 6 Warranty
The statutory warranty rights apply.
As a consumer, you are requested to check the goods 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 will not affect your statutory warranty claims.
If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, not any other advertising, public promotions, or statements by the manufacturer.
b) In the event of defects, we shall provide, at our discretion, a warranty by rectification or replacement delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed to have failed after the second unsuccessful attempt unless something else results, particularly from the nature of the item or the defect or the other circumstances. In the event of rectification, we are not required to bear the increased costs arising from the transport of the goods to a location other than the place of performance unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortened limitation period does not apply:
- For damages culpably caused by us resulting from injury to life, body, or health, and for other damages caused by gross negligence or willful misconduct;
- Insofar as we have fraudulently concealed a defect or have given a guarantee for the quality of the goods;
- For items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- In the case of statutory recourse claims that you have against us in connection with rights in respect of defects.
§ 7 Choice of Law, Place of Performance, Jurisdiction
Austrian law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (favorability principle).
The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided 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 abode is not known at the time of the institution of legal proceedings. The authority to also invoke the court at another legal place of jurisdiction remains unaffected by this.
The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
1. Identity of the Provider
STELLENBERG Kitzbühel Alps GmbH
Sonnblickweg 1
5731 Hollersbach im Pinzgau
Austria
Email: info@stellenberg-group.com
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps involved in the conclusion of the contract, the contract itself, and the correction options are carried out in accordance with the provisions „Conclusion of the Contract“ in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. 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 or electronically saved using the print function of the browser. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Key Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer and are shown separately during the ordering process and are to be borne by you unless free shipping has been agreed upon.
5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold goods during shipping only passes to you upon the handover of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you independently engage a transport company not designated by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
7. Statutory Liability for Defects
The liability for defects is governed by the provision „Warranty“ in our General Terms and Conditions (Part I).