General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Contract Duration and Contract Termination Regarding Subscription Contracts
  7. Reservation of Proprietary Rights
  8. Warranty
  9. Liability
  10. Redemption of Campaign Vouchers
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as GTC) for the website showcased.io of the company Stein & Stein GbR (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.4 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.

1.5 The website showcased.io, all of it's content, services and it's subscriptions are not offered to consumers. That means, that subscribing and paying for the services will not be permitted. This website is only for natural or legal persons in or with partnership of legal capacity acting in the performance of a commercial or self-employed occupational activity. We remain the right to cancle subscriptions and memberships if we think that a user is only a consumer and actiong as or for a business.

2) Conclusion of the Contract

2.1 The product and subscription descriptions on the Seller’s website do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer.

2.2 The Client may submit the offer via the online order form integrated into the Seller's website. In doing so, after choosing the selected services and passing through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the services choosen.

2.3 The Seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order confirmation in written form (fax or email), insofar as receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client, insofar as receipt of goods by the Client is decisive, or
  • by requesting the Client to pay after placing his order.

The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. email, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The English language is exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually take place via email and automated order processing. It is the Client’s responsibility to ensure that the email address he provides for the order processing is accurate so that emails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned on the Seller’s website.

4.3 If the payment method "PayPal direct debit" is selected, PayPal collects the invoice amount from the Client's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) to the Client announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.

4.4 If the payment method direct debit via Stripe is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe collects the invoice amount from the Client's bank account by order of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) to the Client that announces a debit by means of a SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the indication of incorrect bank details, or if the Client objects to the debit although he is not entitled to do so, the Client shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.

4.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

4.6 In the case of subscription contracts, the purchase price for the goods to be delivered on a permanent basis is due for payment in advance for the agreed delivery interval. The respective payment options for the subscription will be communicated to the Client in the Seller's online shop. If the Client selects the SEPA direct debit payment method and issues a corresponding SEPA direct debit mandate, amounts due are collected from the Client's bank account at the beginning of the new delivery interval. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this. The Seller reserves the right to carry out a creditworthiness check when selecting the payment method “direct debit” and may reject this payment method in the event of a negative creditworthiness check.

4.7 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.

5) Contract Duration and Contract Termination Regarding Subscription Contracts

5.1 Subscription contracts are concluded for an unlimited period of time, but at least for the minimum term as indicated in the respective product description on the Seller's website. The subscription contract may be terminated at any time during the minimum term at the end of this term and after expiry of the minimum term with a 14-day period of notice.

5.2 The right to immediate termination for important reasons remains unaffected.

A reason is considered important when the continuation of the contract until the end of the agreed contractual period or until expiry of the notice period for termination is no longer reasonable, taking into account all circumstances of the particular case and with balanced judgement of mutual interests

5.3 A subscription must be terminated or cancelled by the Client himself/herself from inside the account after logging in. The account of every Client has a function to end a subscription which must be used.

6) Liability

The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

6.1 The Seller shall face unlimited liability regardless of the legal ground

- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.

6.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

6.3 For the rest, the Seller’s liability is excluded.

6.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.

7) Redemption of Campaign Vouchers

7.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can be redeemed only on the Seller’s website and only within the indicated time period.

7.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

7.3 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

7.4 In case of an order, several campaign vouchers can be redeemed.

7.5 The goods value should at least be equal to the amount of the campaign voucher. The Seller will not refund remaining assets.

7.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

7.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

7.8 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

7.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

8) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9) Alternative Dispute Resolution

9.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

9.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.