General Terms And Conditions
Courtesy translation. Only the German version of this text is legally binding.
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Granting of Rights of Use for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Terms for the Processing of Goods According to Certain Specifications of the Customer
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Stone Heap DE GmbH & Co. KG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.
1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise provided in this respect. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email or via the online contact form.
2.3 The Seller can accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com
2.5 When ordering via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.
2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address they provide for order processing is correct, so that the emails sent by the Seller can be received at this address.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices given are total prices that include the statutory value added tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller performs in advance toward the Customer (e.g., purchase on account or payment in installments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments upon withdrawal, or credit notes.
4.6 If a payment method offered via the payment service “Google Pay” is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller’s online shop. Google may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on Google Pay is available online at https://pay.google.com
4.7 If a payment method offered via the payment service “Stripe” is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on Stripe is available online at https://stripe.com
4.8 If the payment method direct debit via Stripe is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe collects the invoice amount from the Customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the period for advance notice has expired. Advance notice (“pre-notification”) is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank details were provided, or if the Customer objects to the debit although not entitled to do so, the Customer must bear the fees resulting from the chargeback by the respective credit institution if the Customer is responsible for this. The Seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to refuse this payment method in the event of a negative credit check.
4.9 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. With regard to the costs of the outbound shipment, this does not apply if the Customer effectively exercises their right of withdrawal. For the return shipment costs, if the Customer effectively exercises the right of withdrawal, the provision made in this regard in the Seller’s instructions on withdrawal applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer even in the case of consumers as soon as the Seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to rescind the contract in the event that the Seller itself is not supplied correctly or properly. However, this only applies in the event that the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by download
- by email
- by mail
5.7 Digital content is provided to the Customer as follows:
- by direct access via the entrepreneur’s website
- by download
- by email
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of place and time, to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or making copies for third parties is not permitted unless the Seller has consented to a transfer of the license under the contract to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the Customer has paid the remuneration owed in full. The Seller may also provisionally permit use of the contractual content before this point in time. Such provisional permission does not result in a transfer of rights.
7) Retention of Title
7.1 With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7.2 With respect to entrepreneurs, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7.3 If the Customer acts as an entrepreneur, the following also applies:
If the delivered goods are processed, the Seller is deemed to be the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the Seller acquires ownership in the ratio of the invoice value of its goods to that of the other materials. If, in the case of combination or mixing of the Seller’s goods with an item of the Customer, the latter is to be regarded as the main item, co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller’s goods to the invoice value or, in the absence of an invoice value, to the market value of the main item. In these cases, the Customer is deemed to be the custodian.
The Customer may neither pledge nor transfer by way of security any items subject to retention of title or reservation of rights. The Customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer assigns to the Seller in advance all resulting claims against third parties in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations toward the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
The Customer must notify the Seller immediately of any access to goods owned or co-owned by the Seller or to the assigned claims. The Customer must immediately pass on to the Seller any amounts assigned to the Seller that the Customer has collected, insofar as the Seller’s claim is due.
Insofar as the value of the Seller’s security interests exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security interests at the Customer’s request.
8) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of cure;
- the limitation period for rights in respect of defects in new goods is one year from delivery of the goods;
- rights in respect of defects in used goods are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
8.2 The limitations of liability and shortened periods set out above do not apply
- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed approved.
8.5 If the Customer acts as a consumer, the Customer is asked to report delivered goods with obvious transport damage to the delivery service and to inform the Seller accordingly. If the Customer does not do so, this has no effect whatsoever on the Customer’s statutory or contractual claims for defects.
9) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 The Seller is liable without limitation on any legal grounds
- in the case of intent or gross negligence,
- in the case of intentional or negligent injury to life, body or health,
- on the basis of a promise of guarantee, unless otherwise provided in this regard,
- on the basis of mandatory liability, such as under the German Product Liability Act (ProdHaftG).
9.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:
If the Seller negligently breaches a material contractual obligation, the Seller’s liability is limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, the Seller’s liability is excluded, unless the Seller is liable without limitation pursuant to the preceding clause.
9.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
10) Special Terms for the Processing of Goods According to Certain Specifications of the Customer
10.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and must grant the Seller the rights of use required for this. The Customer alone is responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer ensures that no rights of third parties are infringed as a result, in particular copyrights, trademark rights and personality rights.
10.2 The Customer indemnifies the Seller against claims of third parties that they may assert against the Seller in connection with an infringement of their rights through the Seller’s contractual use of the Customer’s content. In this context, the Customer also assumes the necessary costs of legal defense, including all court and attorney’s fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller without undue delay, truthfully and completely, with all information required to examine the claims and to mount a defense.
10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or violence-glorifying content.
11) Redemption of Promotional Vouchers
11.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
11.5 Only one promotional voucher can be redeemed per order.
11.6 If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
11.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
11.9 The promotional voucher will not be refunded if the Customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
11.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.
12) Redemption of Gift Vouchers
12.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless the voucher states otherwise.
12.2 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
12.3 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.
12.4 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
12.5 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
12.6 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, the legal incapacity or the lack of power of representation of the respective holder.
13) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
14) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s registered office.
15) Code of Conduct
The Seller has submitted to the guidelines for “Google Customer Reviews,” which can be viewed online at https://support.google.com
16) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Courtesy translation of the German version. Last checked against the German version: October 30, 2026.