Terms of service.

1. Validity

These general terms and conditions apply to the ordering of goods and services from the range of Stokt on www.stoktleds.com. These General Terms and Conditions do not apply to the download of digital content on www.stoktleds.de.

These general terms and conditions do not apply in the relationship between customers and third-party providers. In the case of orders from third-party providers, a contract is concluded directly between the customer and the third-party provider under the terms and conditions applicable between them. Offers from third-party providers are specially marked on the offer page.

2. Contractual partner

(1) The customer's contractual partners for orders from the Stokt range on www.stoktleds.de are:

Eckl Electric GmbH, Schlossbergstr. 15, 66424 Homburg, Germany

Or.

Stokt LLC, 228 Park Ave S, # 45125 New York, NY 10003-1502, USA.

Phone: 0176/30618440

E-mail: leds@getstokt.com (hereinafter referred to as "Stokt").

3. Conclusion of contract

(1) The delivery area is Germany. If a delivery address is outside Germany, the terms and laws of Germany for the sale and the obligations arising from a sale still apply, as applicable.

(2) By clicking on the "Continue and pay" button, the customer submits a binding offer to purchase the goods in the shopping cart and agrees to the validity of these General Terms and Conditions. Third-party offerings are subject to agreements with the relevant third-party provider.

(3) The order confirmation automatically sent after sending the order confirms the content and receipt of the customer's order by Stokt, but does not yet constitute acceptance of the customer's offer. A contract with Stokt is only concluded by the declaration of acceptance by Stokt, which is sent with a separate e-mail (order confirmation or shipping confirmation).

(4) Stokt will declare acceptance within ten working days of receipt of the customer's order. If Stokt does not submit a declaration of acceptance within this period, the customer's order has not been accepted by Stokt.

If there is no acceptance, Stokt will always inform the customer by e-mail that the order has not been accepted.

4. Availability of goods, reservation of self-delivery

(1) If goods ordered from Stokt are not available at the time of the order, Stokt reserves the right not to accept the order of the goods, so that no contract is concluded. The customer will be informed of this. Payments already made will be refunded to the customer immediately.

(2) Stokt is entitled to withdraw from the contract if, despite a corresponding hedging transaction, no delivery is made by Stokt's supplier for reasons for which Stokt is not responsible. Stokt will inform the customer of this immediately.

5. Payment

(1) All prices on www.stoktleds.com are in euros and do not include the applicable statutory value added tax. For customers within Germany, 19% VAT will be charged on all physical goods in the shopping cart. For customers outside Germany, no VAT will be charged if they provide a valid EU VAT ID number. The validity is checked manually after payment has been made. In case of incorrect indication, the contract will be invalid and the customer's payment will be refunded. If any fees arise during this process, they will be deducted from the amount to be repaid and retained by Stokt.

(2) The payment methods displayed at the end of the ordering process are available to the customer.

(3) The data entered will not be stored by Stokt, but may be stored by the respective selected payment provider. The respective data protection regulations of the payment service provider apply.

6. Retention of title

Until full payment has been made, the goods delivered by Stokt remain the property of Stokt.

9. No sale to commercial customers

The goods offered in the shop are only sold to consumers and entrepreneurs as end consumers. The commercial resale of goods is not permitted. Stokt therefore reserves the right not to accept contractual offers that appear to be made for the purpose of commercial resale of the goods.

10. Consumer's right of withdrawal

(1) If the customer is a natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (consumer), the customer is entitled to a right of revocation in accordance with § 312g in conjunction with § 355 BGB.

(2) Right of revocation for purchase contracts with Stokt for goods:

Withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. In the case of a purchase contract, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

In the case of a contract for the delivery of goods in several partial shipments or pieces, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.

In the case of a contract for the regular delivery of goods over a fixed period of time, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the first goods.

In order to exercise your right of withdrawal, you must inform us

Eckl Electric GmbH, Schlossbergstr. 15, 66424 Homburg, Germany

Phone: 0176/30618440

Email: leds@getstokt.com

by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

You must return the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to Eckl Electric GmbH, Schlossbergstr. 15, 66424 Homburg, Germany. The deadline is met if you send or hand over the goods before the expiry of the period of fourteen days. We do not bear the costs of returning the goods.

You must pay for any loss in value of the goods if this loss in value is caused by incorrect handling on your part or if the goods are in a clearly used condition. If the goods are damaged in the return shipment, you as the return sender are responsible for any loss in value.

End of the cancellation policy

(3) Right of revocation when purchasing services from Stokt:

Cancellation

Withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us

Eckl Eectric GmbH, Schlossbergstr. 15, 66424 Homburg, Germany

Phone: 0176/30618440

Email: leds@getstokt.com

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

End of the cancellation policy

(4) Sample revocation form:

Sample revocation form

You can cancel your contract by filling out this form and sending it back to us:

An
Eckl Electric GmbH

Schlossbergstr. 15

66424 Homburg

Germany
E-mail: leds@getstokt.com

Revocation

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

___________________________________________________

Ordered on (*)/received on (*): __________

Name of consumer(s): __________

Address of consumer(s): ____________

____________________________________________________

Signature of the consumer(s) (only in the case of notification on paper)

Date:_______________________________________

(*) Delete as appropriate.

(5) The right of revocation against Stokt does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery,
contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
contracts where the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit that the consumer has not expressly requested, or to goods delivered during the visit that are not necessarily required as spare parts during maintenance or repair.

(6) Shipping costs will not be reimbursed. In the case that an item must be returned to Stokt, the customer is responsible for the shipping costs that may occur. The costumer is also liable for any damages or loss of items that may occur during shipment.

11. Liability

(1) Stokt shall be liable for claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by Stokt, its legal representatives or vicarious agents.

Furthermore, Stokt is liable for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. In the event of a slightly negligent breach of these contractual obligations, Stokt shall only be liable for the foreseeable damage typical for the contract, unless the customer's claims for damages are based on injury to life, limb or health.

In all other respects, liability is excluded.

(2) Paragraph 1 shall also apply in favour of Stokt's legal representatives and vicarious agents if claims are asserted directly against them.

(3) The provisions of the Product Liability Act as well as the Federal Data Protection Act and the EU General Data Protection Regulation remain unaffected.

12. Claims for defects

(1) During the limitation period for claims for defects, the customer may make his claims due to defects in the goods in addition to asserting them against Stokt.

(2) If the customer is a business, i.e. if the customer is acting in the exercise of his commercial or independent professional activity when placing his order, claims for defects against Stokt shall become statute-barred within 12 months of handover of the goods. Excluded from this are claims for injury to life, limb or health based on a negligent breach of duty by Stokt or an intentional or negligent breach of duty by a legal representative or vicarious agent of Stokt.

(3) If the customer is a private consumer, the legally set minimum time for claims regarding defects by a private consumer has to be met by any claims or the claim is not legitimate.

(4) The customer's statutory claims for defects against Stokt remain unaffected in the event of the existence or acquisition of a guarantee for the ordered goods.

(5) The assignment of claims for defects is excluded, unless the customer is a consumer.

13. Final provisions

(1) These General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer with habitual residence within the EU, the mandatory consumer protection provisions of the customer's country of residence also apply.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Stokt is the registered office of Eckl Electric GmbH.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points, if any, shall be replaced by the statutory provisions.

(4) The text of the contract will not be stored by Stokt after conclusion of the contract and will not be accessible to the customer.

(5) The German language is available for the conclusion of the contract.

(6) We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

(7) Some items sold on this website are marked for business sales only. This means that these items will only be sold to businesses. Trying to purchase these items as a private consumer may result in the order being canceled. Fees may apply for the effort needed to determine an illegitimate purchase. A private consumer that purchases a business-only item and enters information that suggests the private consumer is actually a business, willingly gives up any rights that a private consumer would have in a purchase, i.e. regarding claims for defects, and defaults to only having the same rights as a business.

(8) Some items sold on this website are marked as CE-certified only. Purchasing these items from a country that requires other or further certification than CE, means the costumer is responsible for this certification. Stokt will not provide any testing information or technical data for certification unless ordered to do so by court. If an item is held up in customs because of missing certification the customer is responsible for any fees that may arise.