Terms of Service
General Terms & Conditions, last updated: 19.10.2019
By placing an order, you confirm that you understand and accept the following General Terms and Conditions of Stona GmbH (hereinafter Stona).
1. These General Terms and Conditions apply to all business relationships between Stona GmbH (“Stona”) and the customer (the “Customer”) initiated and handled via Stona’s online shop at http://www.iamstona.com. The terms “we”, “us” and “our” refer to Stona. The version of these General Terms and Conditions valid at the time the order is placed will apply.
2. If agreements have been entered into separately between Stona and the Customer, these General Terms and Conditions will prevail. Unless expressly agreed to in writing by Stona, Stona hereby refuses to accept any contradicting or other general terms and conditions put forward by the Customer.
3. The goods in the online shop are offered to end consumers exclusively. Therefore, Stona expressly reserves the right to offer and deliver goods to the Customer in regular household quantities only. For the purpose of these General Terms and Conditions (i) “Consumer” means any natural person entering into a purchase agreement for purposes that do not predominantly concern his/her business or self-employed activities, and (ii) “Entrepreneur” means any natural or legal person or legal partnership entering into the contract in the pursuit of his/her/its business or self-employed activities.
4. Stona reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. These General Terms and Conditions do not apply to products purchased via a third party website such as Kickstarter (Kickstarter pledges). In such cases, the third party website General Terms and Conditions apply.
2. PURCHASE AGREEMENT
1. Stona’s offerings in the online shop do not represent a legally binding offer to conclude a purchase agreement but rather are an unbinding online catalogue to inform the Customer about the goods offered in the online shop as well as an invitation to place an order. Orders placed by the Customer become binding for the Customer, when the Customer clicks the “Pay Now” button on the Check Out page at the end of the order process. At any time before clicking the “Pay Now” button the Customer can edit the data entered, change the content of the cart and/or end the order process by closing the online shop website. By placing an order, the Customer submits to Stona a binding offer to enter into a purchase agreement. The purchase agreement will be concluded when the Customer clicks the “Pay Now” button. Stona will notify the Customer by e-mail when the goods have been shipped (“Shipment Confirmation”). Stona will be entitled, but not obligated, to accept the Customer’s offer to enter into a purchase agreement within 14 days after receipt.
2. Stona online shop is free to refuse online orders. It is at the Stona online shop's sole discretion whether it accepts an order. Stona shall notify the Customer if an online order cannot be completed.
3. The order confirmation e-mailed to the Customer by Stona does not mean Stona has accepted the Customer’s offer to enter into a purchase agreement, but serves to inform the Customer that Stona has received the order (“Acknowledgment of Receipt”). An order confirmation does not yet constitute a binding sales contract. The sales contract only takes effect after delivery of the goods.
4. In the event the Customer places an order for specific goods which are not available at the time the Customer places the order, Stona reserves the right to reject the Customer’s order. Moreover, Stona reserves the right to be released from the obligation to deliver goods if the goods ordered are not available after a purchase agreement has been reached. In this case, Stona will notify the Customer promptly and will reimburse any money the Customer paid for the cancelled order.
5. Stona does not accept orders from any Customers who are under 18 years of age at the time the order is placed.
6. The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at Stona´s store. The Customer agrees to promply update his/her account and other information, including email address and credit card numbers and expiration dates, so that Stona can complete his/her transactions and contact Customer as needed.
7. Stona does not save the respective contractual General Terms and Conditions in such a way that they will be available at any time after the contract has been executed. Only the respective updated contractual terms and General Terms and Conditions will be available.
8. Stona reserves the right, but is not obligated, to limit the sales of the products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
9. Stona does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet Customer´s expectations.
1. Prices valid at the time orders are placed will apply. All prices displayed in the online shop include the currently valid German VAT. The shipping costs are not included and will be shown during the checkout process. All prices are indicated in Euros.
2. All Stona products are shipped from Germany. Orders to countries outside of EU may be subject to local VAT, import duties and/or taxes, which are levied once the Customer´s package reaches his/her country. Stona ships the package according to Incoterm Delivered Duty Unpaid (DDU), which means Stona does not collect VAT, duties and/or taxes on orders to countries outside the EU and Stona cannot predict what Customer´s particular charges may be. If the Customer does incur any such additional charges they must be rendered in order for the package to clear customs. Stona recommends the Customer to contact his/her local customs office for more information. If Customer´s country is part of the European Union (EU), prices include VAT.
3. Stona is not responsible for any changes in currency value or conversion rates that the Customer´s bank or credit card company may use when charging in his/her country’s currency.
The Customer can choose whether he/she wishes to pay the goods by MasterCard, Visa Card, Maestro, Klarna Pay Now (Klarna only available in Austria, Finland, Germany, Netherlands, Norway, Sweden and Switzerland) or bank transfer.
Stona maintains full ownership of the products until full payment has been obtained.
5. SHIPPING COSTS
1. Shipping costs may vary depending on the type of delivery and the nature of the order. The Customer will find the delivery period and shipping costs for his/her order during the order process.
2. Stona delivers to Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, United Kingdom, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and USA. We do not deliver to other countries than the aforementioned. *
*Exception: Kickstarter backers.
1. Unless expressly agreed otherwise in writing, delivery will only take place after the Customer has fully paid the invoice amount.
2. Deliveries only will be made to the delivery address provided by the Customer and only if such address is located in one of Stona’s delivery regions. Stona reserves the right to make reasonable partial deliveries. In this case, Stona will inform the Customer in the shipment confirmation.
3. Upon Stona´s delivery of the goods to the shipping company, the risk of loss and title for such goods passes to the Customer. Stona is not able to reship packages that are undelivered for any reason (undeliverable as addressed, not picked up at the post office in time) and returned to us by the carrier. All undelivered packages will be processed as a return. Incorrect contact details will be subject to an extra charge of 20 USD, 15 EURO, 13GBP, 18 CHF or 22 CAD for returned deliveries caused by entering incorrect or insufficient contact details. Please take this into consideration when selecting and confirming your shipping address in the order.
4. Stona does not deliver goods to PO Box addresses.
5. As part of the order process, Stona will notify the Customer of the delivery period. Stona will notify the Customer promptly of any delivery delay resulting from force majeure or other incidents for which Stona is not responsible and will provide the Customer with a reasonable new delivery period in line with the circumstances of the delay. In the event the goods cannot be delivered within such new delivery period for reasons for which Stona is not responsible, Stona can rescind the purchase agreement in whole or in part. In this case, Stona will reimburse the Customer promptly for all payments made. If the Customer cannot be expected to accept the delayed delivery, the Customer can rescind the purchase agreement by notifying Stona in text form (by letter, fax or e-mail). This clause 5. does not apply to products labelled as "pre-order products" at the time of the purchase, where the Customer accepts the risk of delay according the "Pre-order terms and conditions". In this case the Customer has no right to request a discount, refund or any other way of compensation due to such delay.
7. INSPECTION OF GOODS, COMPLAINTS
The Customer shall immediately check the goods on delivery. As soon as possible after the Customer has established or could have reasonably established any defects or shortcomings, but within 7 days of delivery of the goods at the latest, the Customer shall notify Stona in writing of any complaints, accompanied by a careful description of the complaint(s). Complaints based on incomplete or incorrect delivery shall be reported immediately after delivery. E-mail: email@example.com
8. RETENTION OF TITLE
The goods delivered remain the property of Stona until they have been paid in full.
The Customer can make a claim under the warranty for purchased goods that are defective according to the legal regulations. As part of his/her right to claim supplementary performance, the Customer can request a replacement or remedy of the defects. However, Stona will be entitled to deliver a replacement if remedying the defects would not be reasonable. All warranty claims will lapse two years after delivery of the goods. When making his/her warranty claim, the Customer must provide the order number, his/her name and address as well as brief information and pictures explaining the reasons for the claim.
10. CANCELLATION POLICY FOR CONSUMERS
1.The Customer has the right to cancel the purchase agreement within 14 days. The aforementioned 14-day period will begin on the date on which the Customer or a third party appointed by the Customer, other than the deliverer, accepted the last shipment of the goods the Customer ordered.
To assert the right to cancel the purchase agreement, the Customer must inform Stona of his/her decision to withdraw from the contract by sending an unequivocal written statement. In this event, Stona will confirm receipt of his/her cancellation promptly, for example, by e-mail.
The Customer shall return the goods to Stona, unopened and unused, as soon as possible and at his/her own expense. If the Customer cancels the purchase agreement, Stona will reimburse the Customer for the payments received, excluding any shipping and/or handling cost, promptly and in any case within thirty days after the cancellation.
To reimburse the Customer for the aforementioned payments Stona will use the same method the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. Stona reserves the right to refuse to make such reimbursement until Stona receives the returned goods.
Please also check our Return Policy.
2. Custom made products
Custom made products (customized according Customer´s request) are not eligible for a refund.
Pursuant to § 312g of the Civil Code of Germany (Bürgerliches Gesetzbuch), the Customer does not have the right to cancel an order if the goods are made to the Customer´s specifications or clearly personalized.
3. Gift Cards
Gift Cards are not eligible for a refund.
11. LIMITATION OF LIABILITY
1. Stona will not be liable to Customer, its Customers or any other third party for any injury or damage to persons or property unless caused by Stona´s willful misconduct or gross negligence.
2. Stona will not be liable for any consequential damage, direct or indirect company damage, stagnation damage and/or loss of profit.
3. Stona will be liable for damages only as specified under a) and b) :(a) in the event of product liability as set out in the Product Liability Law of Germany;(b) in the event of a breach of key contractual obligations resulting from minor negligence. Liability for damages will be limited to the scope of the damage Stona typically had to anticipate at the time the purchase agreement was concluded based on the circumstances known at the time. Key contractual obligations are key obligations essential to the conclusion of the purchase agreement on which the Customer could expect to rely. Claims for damages and compensation will lapse after twelve months. The beginning of such lapse period will be subject to § 199 of the Civil Code of Germany.
4. In all other cases, Stona’s liability for damages will be excluded regardless of the legal grounds.
5. To the extent Stona’s liability is excluded pursuant to these General Terms and Conditions, the same will apply to the liability of its associates and agents including, but not limited to, staff members.
1. All personal data provided by the Customer will be collected, used and processed exclusively in compliance with the applicable privacy laws.
2. Customer´s personal data collected are processed, used and saved for the purpose of handling and carrying out his/her order. Where necessary, the data will be forwarded to affiliated companies and/or Stona´s service partners, who will process and use the data for the purpose of handling Customer orders.
3. Because of statutory retention obligation under the commercial and tax code the personal data of the Customer processed in connection with the contract will be retained for 10 years.
When data is processed, Customers interests worthy of protection are taken into account as required by law.
13. COPYRIGHT AND TRADEMARKS
Stona is a registered trademark. The content of this website is protected by copyright including all text, graphics, photos, illustrations, images, moving images, sounds and software. Downloading or use of the content is not authorized for commercial use. Any publication, transmission, reproduction or other use of the images is forbidden.
14. ACCURACY OF INFORMATION
At Stona, we attempt to ensure that the information on iamstona.com (“Website”) is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, product or service suitability, or currentness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
15. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
We do not have any influence on the content of websites from other parties that may be linked on our Website. We therefore cannot assume responsibility or liability for these contents. The respective provider or operator of these pages is always responsible. The linked pages were checked for possible and identifiable legal violations at the point in time when the links were placed. No infringements of the law were recognizable at the point in time when the links were placed. However, it is not reasonable to constantly monitor the content of the linked pages without specific signs of infringement. As soon as an infringement of the law becomes known, we will immediately remove the links in question.
16. FINAL PROVISIONS
1. Should any of the provisions of these General Terms and Conditions be or become invalid, the validity of the remainder of the provisions will remain unaffected.
2. Any ambiguities in the interpretation of these General Terms & Conditions shall not be construed against the drafting party.
3. This Agreement shall be governed in all respects by the German law.
17. OPERATING INFORMATION
Stona GmbH, Vorderkleebach 21, 91278 Pottenstein
AG Bayreuth, HRB 7026, USt-ID-Nr. DE326081789
Please contact Stona GmbH before returning any items.
We want you to love your Stona product (in following “product”) as much as we do, but if you unpack it and find out that it simply isn’t for you, please email us at firstname.lastname@example.org within 14 days after receipt of your order, so we can authorize the return. You will be responsible for paying for your own shipping costs for returning your item.Once the products are returned to us, in original and unused condition and packaging, we will give you a full refund for the goods. We’ll refund the price you purchased your item at after receival of your return. Any associated paid shipping costs or fees are non-refundable.
We can only accept your return if the product is absolutely unused and in the original condition and packaging. If we receive a used product from you, we won't be able to accept the return. In the unlikely event that you decide that the product is not for you after using and testing it, we recommend to pass it on to a friend or try and sell it privately.
Any duty or taxes that have been paid, as well as the original shipping costs, are not refundable. Please note that returns that are shipped duty unpaid will be refused until any associated fees are paid by the sender. If you are shipping an item over €50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Products damaged due to poor packaging and handling will not be refunded.
Please keep in mind that we are not able to directly exchange goods so if you decide you would like a different product you will need to return your order and place a new one. Once the goods are returned to us in the original and unused condition, we will quality check them and process a refund for the goods. Depending on the original payment it may take a few weeks to see the refund on your account. If goods are received damaged we will not be able to give you a refund, but will contact you with pictures of the damage so you can claim a refund from your shipping company.
In an unlikely event that you receive a flawed product, please send us an email with images documenting the flaw you discovered within 7 calendar days of the receipt date. We will inspect each complaint individually and replace the flawed part if discovered that replacement should take place. We will cover the costs of product and shipping in such an event.
It is possible to cancel your order if it hasn’t been sent. Contact us and we will help you. If your order has been sent, you will have to return the products in order to receive a refund. The freight will not be refunded. It is not possible to change your order once it has been submitted. This also includes changing the color of a product, removing an item, changing the delivery address or payment method.
Custom made products
Custom made products (customized according Customer´s request) are not eligible fora refund.
Gift Cards are non-refundable. Products purchased by using gift cards at checkout are non-refundable.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Nature of handmade products
All our grinders and storage jars include a handcrafted mouth-blown glass. Due to the nature of our production method, each product may vary slightly. There may be small imperfections on our wonderful mouth-blown glass jars, but they don't compromise quality or durability. Every glass piece is unique.
When buying a grinder or storage jar you agree to receive a handmade glass jar with some very minor irregularities in terms of shape and color, as well as with some tiny bubbles.
Wood Natural Characteristics
Colour, grain, and texture variations are natural characteristics of authentic wood. Each tree is different. Therefore, there can be variation in colour, grain, and texture between actual finished products.
When buying a grinder or storage jar you agree to receive a product that may exhibit unique grains, knots, gum pockets and color variation. We cannot guarantee that the colors shown on the website exactly reproduce the colors of the actual product.
*THIS RETURN POLICY APPLIES TO ALL PURCHASES DONE VIA STONA WEBSITE (www.iamstona.com). This return policy does not apply to products obtained on our online store via gift cards which have been provided to Kickstarter backers. Products obtained via gift cards from Kickstarter backers are not eligible for a return and/or refund.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Mailchimp to help up manage the newsletter-- you can read more about how Mailchimp uses your Personal Information here: https://www.mailchimp.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
When you sign up for our newsletter by completing the newsletter sign up form, we collect your email address. We will also record the time and date of completion.
You give your consent (Art. 6.1, GDPR) to us sending you our newsletters by signing up to receive them using the steps described above.
We will also use this information to tailor any follow up sales and marketing communications with you.
We use a third-party service, Mailchimp, to send out our e-newsletter and administer our mailing list.
Information you submit to subscribe for our e-newsletter may be stored outside the European Economic Area on our third-party mailing list provider’s servers in the United States.
We retain the information you used to sign up for our newsletter for as long as you remain subscribed (i.e. you do not unsubscribe). You can always opt out from our newsletter by clicking the unsubscribe link in the footer of our emails or by sending us an email to email@example.com.
TRANSMISSION OF INFORMATION VIA EMAIL
Transmission of information to us over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org.