Условия и положения
General Terms and Conditions
Last updated: 15 January 2019
1. Scope, offer, conclusion of contract
1.1. The platform "stmhockey.com" (hereinafter referred to as the "shop") is operated by STM Agency GmbH, Gartenstrasse 4, 6300 Zug, Switzerland, represented by its managing director Anton Vatel (hereinafter referred to as "STM Agency"). All purchases in the shop are exclusively subject to these terms and conditions unless otherwise agreed.
1.2. A contract between STM Agency and the customer comes about when the customer places an order and STM Agency delivers the ordered goods or confirms the order. By using the shop no contract will come about between the customer and the International Ice Hockey Federation (IIHF).
2. Registration, order prerequisites
2.1. Only adults may place orders.
2.2. Customers may log in to the shop before making a purchase. Registering for an account is free of charge. In order to register, customers must provide complete and accurate data as requested (e.g. name, address, telephone number, email address).
3. Customer obligations
3.1 Customers are obligated to update their data in their accounts at all times and ensure that it continues to be accurate. Customers are hereby advised that any legal declarations (e.g. order confirmations, changes to these terms, termination of the business relationship) will be sent by email. If customers are unable to reach notifications, goods, or any refunds because they have not provided accurate data, they are responsible for any delays or damage thus incurred. This does not affect any rights of STM Agency GmbH to terminate the business relationship.
3.2. Customers must prevent third-party access to their accounts especially by keeping their passwords secret. They accept liability for any misuse of their accounts caused by failure to do so. Accounts are not transferable or inheritable.
3.3. Customers must procure the necessary technical prerequisites (e.g. internet connection, mobile service) at their own expense.
3.4 Customers agree to refrain from acts which may affect the operation of the shop (e.g. the use of software or other scripts).
4.1. In the case of defects, STM Agency will offer the customer either to remedy the defect or replace it with a new delivery unless the latter would create disproportionate costs for STM Agency. If two attempts at remedy or replacement delivery are unsuccessful, if STM Agency refuses or is otherwise unable to meet this obligation or fails to do so within a reasonable timeframe or if the replacement delivery fails for some other reason, customers are entitled to withdraw from the contract or to demand a corresponding reduction of the purchase price (reduction).
4.2. STM Agency does not guarantee the quality or durability of any material object unless it is expressly labelled "guaranteed".
5.1. STM Agency is only liable for damages caused with intent, out of gross negligence, or in breach of an essential contractual obligation. The liability for damages caused out of slight negligence of an essential contractual obligation shall be limited to those damages typically foreseeable for contracts of this kind. The liability for damages caused out of slight negligence of non-essential contractual obligations is hereby disclaimed.
5.2 The above disclaimer does not apply to cases of fraudulent non-disclosure of defects or if a certain quality has been guaranteed, for claims under project liability law, or for injury to life, body or health. The above provisions do not increase the customer's burden of proof.
5.3 Insofar as STM Agency liability is excluded, this also applies to the personal liability of its employees, representatives, and vicarious agents.
5.4 Contractual liability claims against third parties, in particular IIHF, do not exist.
6. Industrial property rights
All logos, photographs, and other illustrations in the shop are subject to trademark and/or copyright protections. Any unauthorised use is prohibited.
7.1. Compliance with applicable data protection regulations is a top concern for STM Agency. STM Agency only uses the data it receives as permitted by law, e.g. to execute the contract or to inform you about our goods, services, or other offers in the shop. You can object to the use of your data for purposes of advertising or market and opinion research at any time. We include a specific notice reminding you of your opportunity to opt out in all of our marketing communications.
7.2. For further details on the use of data in the shop, please refer to our Privacy Statement.
8. Partial deliveries, title, court of jurisdiction, applicable law
8.1. STM Agency is entitled to make partial deliveries, provided these are reasonable for the customer.
8.2. Until the purchase price has been paid in full, STM Agency retains title to the goods. Customers are obligated to handle the goods with care until the title is transferred to them.
8.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general jurisdiction in Switzerland or has a domicile or habitual residence that is unknown at the time legal recourse is sought, then the exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship is Zug.
8.4. If the customer is a merchant, a legal person governed by public law or a public special fund, Switzerland law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.