Terms & Conditions
Terms & Conditions
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company STACK 'M HIGH LTD (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 customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These terms and conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.5 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent 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 submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, for business customers, the customer can also submit the offer to the seller by telephone or e-mail.
2.3 The Seller may 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing their order. If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of 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 shall be deemed to be 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, the payment will be processed by 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 Terms of Use, available at www.paypal.com/uk/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at www.paypal.com/uk/webapps/mpp/ua/privacy-full#3. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks on the button that concludes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent their order. The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.
2.6 Prior to the binding submission of 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 for better detection of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until customer clicks on the button that concludes the ordering process.
2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller's revocation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the United Kingdom at the time of conclusion of the contract and whose sole residence and delivery address are outside the United Kingdom at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 All prices are shown in £GBP and include VAT. The price paid will be the advertised price at the time of your order and will be shown on your invoice which will be emailed to you as part of our confirmation. The advertised price of any product may be changed by us at any time. We will do our best to ensure that the correct prices are displayed on our website, however, should an error become apparent and a products’ correct price is higher than that stated on your order we reserve the right to inform you and you can then choose to pay the additional amount and proceed with the order or cancel and receive a refund of any money paid in respect of that order.
4.2 Once we download your order onto our system it will be manually checked by a member of staff and should any discrepancies be found you will be contacted. You undertake that all details provided by you in order to facilitate the processing of your order by us will be true and accurate. We may take steps to validate and/or verify the authenticity of payment details prior to fulfilling your order.
Stack m High Ltd accept the following cards for payment: Mastercard, Visa, Switch, Solo, Visa Delta, Maestro or Electron. Paypal is also accepted.
We reserve the right the refuse to accept any order placed by you.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment 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 the payment method "PayPal direct debit" is selected, PayPal will collect 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 deadline for prior information has expired. 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 honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although customer is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if customer is responsible for this.
5) Delivery and shipping conditions
5.1 Goods shall be delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier or any other person or institution 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 is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the seller commissions the seller to carry out the shipment customers have not previously named this person or institution.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Collection of goods may be possible under certain circumstances. If you wish to personally collect your order, please contact us via telephone or email.
5.6 Vouchers are provided to the customer as follows: - via download - by e-mail
6) Retention of title
If the seller makes an advance payment, customer retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur, - the seller has the choice of the type of subsequent performance; - in the case of new goods, the limitation period for defects is one year from delivery of the goods; - in the case of used goods, rights and claims due to defects are excluded; - the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 If the customer acts as a consumer, contracts for the delivery of used goods shall apply with the restriction of the following paragraph: The limitation period for claims for defects shall be one year from delivery of the goods, if this has been expressly and separately contractually agreed between the parties and the customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.4 The limitations of liability and shortening of deadlines set out above shall not apply:
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.5 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.
7.6 If the customer acts as a merchant, customer shall be subject to the commercial obligation to inspect and give notice of defects. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.7 If the customer acts as a consumer, customer is asked to complain to the seller about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on their legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the Seller as part of promotions with a certain period of validity and that cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the seller.
8.7 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.
8.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective owner.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can also be redeemed for one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 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.
9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
9.8 The gift voucher is transferable. The seller can make payment 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 ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective owner.
10) Applicable law
10.1 All legal relationships between the parties shall be governed by the law of the United Kingdom to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the United Kingdom at the time of conclusion of the contract and whose sole residence and delivery address are outside the United Kingdom at the time of conclusion of the contract.
11) 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 United Kingdom, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer's registered office is outside the territory of the United Kingdom, the seller's place of business shall be 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 above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
12) Code of Conduct
- The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.