Terms and Conditions with Customer Information

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects
8. Cancellation and Return of Custom-Made Products
9. Governing Law
10. Jurisdiction
11. Information on Online Dispute Resolution

1. Scope

1.1. These General Terms and Conditions, hereinafter referred to as “GTC,” of Markus Paulke, doing business asSternzeit Design,Sternzeit Designhereinafter referred to as the “Seller,” apply to contracts that a consumer, hereinafter referred to as the “Customer,” enters into with the Seller regarding the sale, manufacture, customization, refurbishment, or delivery of goods, as well as related services.

Contracts may be concluded, in particular, through the Seller’s online store, based on an individual offer, by email, by phone, by mail, or at the Seller’s place of business.

Individual agreements between the seller and the customer take precedence over these Terms and Conditions.

1.2. For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.

2. Conclusion of the Contract

2.1. The product images displayed in the Seller’s online store do not constitute binding offers by the Seller, but are intended to enable the Customer to submit a binding offer to enter into a contract.

Notwithstanding the foregoing, documents sent by the Seller and expressly designated as “offers” shall be deemed binding contractual offers in accordance with Section 2.4, unless they are expressly designated as non-binding or subject to change.

2.2. The customer may submit an offer using the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, email, or 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 email), in which case the date the customer receives the order confirmation is decisive, or

- by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or

- by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close 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 a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4. If the Seller sends the Customer a document expressly designated as an “Offer,” that document constitutes a binding offer to enter into a contract until the expiration date specified therein, unless it is expressly designated as non-binding or subject to change.

The customer may accept the offer within the specified validity period in writing—specifically, by email—or by making the payment due under the offer.

Acceptance subject to additions, restrictions, or other modifications shall be deemed a rejection of the original offer combined with a new offer from the customer. A contract with modified terms shall not be concluded until the seller expressly confirms the modification.

2.5. When a customer submits an offer via the Seller’s online order form, the Seller will save the contract text and send it to the customer in writing (e.g., via email, fax, or letter), along with these Terms and Conditions, after the customer submits their order. In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account by entering the appropriate login credentials, provided the Customer has created a customer account in the Seller’s online store before submitting their order.

2.6.Before submitting a binding order via the online order form, the customer may review and correct their entries using the correction functions provided during the ordering process.

Before completing the ordering process, the customer is shown a summary of the order, shipping, and pricing information they have entered. The customer may correct their entries or cancel the ordering process until the order is submitted and becomes binding.

2.7. The contract may be concluded in either German or English.

2.8. Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.9. If the Seller sends the Customer a document designated as an “Offer,” that document constitutes a binding offer to enter into a contract until the expiration date specified therein, unless it is expressly designated as non-binding or subject to change.

The customer may accept the offer within its validity period in writing or by making the payment due under the offer. Acceptance subject to additions, restrictions, or other changes shall be deemed a rejection combined with a new offer by the customer. A contract with modified terms shall not be concluded until the seller has expressly confirmed it.

3. Right of Withdrawal

3.1. Consumers generally have a statutory right of withdrawal for contracts concluded outside of business premises and for distance sales contracts, unless a statutory exception applies.

3.2. Further information regarding the right of withdrawal can be found in the withdrawal policy.

3.3. There is no statutory right of withdrawal for contracts for the delivery of goods that are not prefabricated and for which the customer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the customer’s personal needs.

Whether these conditions are met depends on the specific goods agreed upon. The seller will inform the customer separately, prior to the customer’s submission of their contractual declaration, if there is no statutory right of withdrawal for the goods in question.

The customer’s statutory rights arising from defects, delays in delivery, other breaches of obligation, or other legal grounds remain unaffected.

4. Prices and Payment Terms

4.1. Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not being made to a country outside the European Union, but the customer is making the payment from a country outside the European Union.

4.3. The customer may use the payment options specified in the online store or in the individual offer.

The availability of individual payment options may depend, in particular, on the selected ordering method, the country of delivery, and the technical requirements of the respective payment service provider.

If payment is made through a payment service provider, the terms and conditions agreed upon between the customer and the respective payment service provider shall also apply. The seller’s statutory and contractual obligations toward the customer remain unaffected by this.

4.4. If payment in advance has been agreed upon, the full total amount is due immediately upon conclusion of the contract, unless otherwise specified in the individual offer or a separate agreement.

Different payment terms, in particular partial payment or payment in installments, are valid only if they are expressly stated in the individual offer or have been separately agreed upon by the parties.

To the extent that the order requires manufacturing, processing, or customization, the Seller will generally begin fulfilling the order upon receipt of the due payment and upon receipt of the information, approvals, and items to be provided that are necessary for fulfillment and have been communicated to the Customer.

5. Delivery and Shipping Terms

5.1. Delivery will be made to the shipping address provided by the customer as part of the order or individual quote and confirmed by the seller.

Changes to the shipping address after the contract has been concluded require the seller's confirmation. The customer will be notified of any additional costs or changes to the delivery timeframe resulting from such changes before the change is implemented.

5.2. For goods delivered by a freight forwarder, delivery is made curbside—that is, to the public curb nearest the delivery address and accessible by the delivery vehicle—unless otherwise specified in the individual quote or the Seller’s shipping information, or unless a different agreement has been made.

For curb-side delivery, the carrier is not responsible for bringing the goods into buildings, apartments, or other premises, nor for setting up, assembling, or disposing of the packaging.

The customer is requested to inform the seller, prior to the conclusion of the contract, of any access, entry, or other local restrictions of which the customer is aware and that are material to the agreed-upon delivery. Any required additional services and their costs shall become part of the contract only upon separate agreement.

5.3. If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that prevented delivery or if the customer was temporarily unable to accept the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply.

5.4. In the case of in-person pickup, the seller will first notify the customer by email that the goods ordered are ready for pickup. Upon receipt of this email, the customer may pick up the goods at the seller’s place of business after making arrangements with the seller. In this case, no shipping costs will be charged.

5.5. The delivery, availability, or pickup time applicable to the respective order is specified in the product description, the individual quote, or the order confirmation.

Time frames specified in individual quotes are estimated time frames, unless the relevant date is expressly designated as a binding or fixed date. The customer’s statutory rights in the event of a delay remain unaffected.

Unless otherwise specified, the period mentioned begins as soon as

(a) the contract has been concluded,

b) the agreed-upon and due payment has been received, and

c) All information, approvals, and items to be provided by the customer that are necessary for performance and have been communicated to the customer are available in full.

If the customer’s cooperation required for performance is delayed—in particular, approval, the submission of necessary information, or the provision of agreed-upon items—the expected delivery, provision, or pickup period shall be postponed by the duration of the delay plus a reasonable restart period to be specified by the seller.

Requests for subsequent changes shall not become binding until the Seller has confirmed in writing their feasibility, as well as any resulting additional costs and changes to the delivery, provision, or pickup period, and the Customer has agreed to this confirmation. Until such confirmation is provided, the Seller is not obligated to implement the requested change.

5.6. If the Customer provides the Seller with furniture, components, materials, fabrics, samples, or other items for processing, use, storage, or incorporation into the agreed-upon service, the Customer confirms that it is authorized to do so.

The seller shall inspect these items only for externally visible characteristics, damage, and their apparent suitability for the agreed-upon processing. A more detailed technical or material analysis shall be conducted only if expressly agreed upon.

The seller shall not be liable for defects attributable exclusively to undetectable prior damage, aging, material fatigue, hidden defects, unknown material properties, or other characteristics of the items supplied that cannot be detected during a routine inspection. The seller’s liability for improper processing or damage for which the seller is responsible remains unaffected.

Once the agreed-upon processing has begun, it may be technically impossible to return the items in their original condition. In the event of termination of the contract, unused items as well as those that have already been processed will be returned in their current condition, unless otherwise required by law.

5.7. If the customer fails to accept the goods despite notification that they are ready for pickup or delivery and despite the offer of a reasonable pickup or delivery date, and thereby falls into default of acceptance, the seller may demand reimbursement for the actual, necessary, and reasonable additional expenses incurred in connection with the unsuccessful offer as well as for the storage and preservation of the goods.

Any further statutory rights remain unaffected. The transfer of risk is governed exclusively by the provisions of law.

5.8. If a material required for the agreed performance becomes permanently unavailable after the contract is concluded, even though the seller has attempted to procure it in a timely manner in accordance with the order and the unavailability is not attributable to the seller, the seller shall inform the customer immediately.

The seller may offer the customer an alternative design. Any change to the agreed-upon design may only be made with the customer's express consent.

If no agreement can be reached on an alternative design and if production using the agreed-upon material is permanently impossible, the rights of both parties shall be governed by the provisions of law. Any payments already made for services not rendered shall be refunded immediately.

6. Retention of Title

The delivered goods remain the property of the seller until the agreed-upon total price has been paid in full.

7. Liability for Defects

7.1. If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2. The customer is asked to file a complaint with the delivery company regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

7.3. Our upholstered furniture is handcrafted using flexible padding and upholstery materials. Therefore, where dimensions are expressly designated as “approximate,” minor manufacturing-related deviations in dimensions may occur.

Unless specific dimensions have been expressly agreed upon as binding specifications, dimensional deviations of up to ±2 cm for nominal dimensions up to 150 cm and up to ±2.5 cm for nominal dimensions over 150 cm are considered standard manufacturing tolerances in the industry. Assessment is carried out in accordance with the quality and testing specifications RAL-GZ 430/4 of the German Furniture Quality Association (Deutsche Gütegemeinschaft Möbel e. V.).

This does not apply if the defect impairs the agreed-upon or customary use of the goods, if an expressly agreed-upon quality is not met, or if the defect is unreasonable for the customer for other reasons.

The customer's statutory rights regarding defects remain unaffected.

7.4. Natural materials, wood, leather, textiles, and handcrafted surfaces may exhibit slight variations in color, grain, texture, and surface finish due to differences in materials, manufacturing, or production batches.

With casual upholstered furniture, waves or wrinkles may form in the upholstery fabric during normal use due to the nature of the materials and construction.

Images displayed on screens, as well as small material, wood, or Fabric Samples differ from the overall appearance of the finished product, particularly due to variations in screen settings, lighting conditions, material batches, and the limited size of the sample.

The above provisions apply only to minor deviations that are typical of the product and reasonable for the customer. Any expressly agreed-upon characteristics, as well as the customer’s statutory rights regarding defects, remain unaffected.

8. Cancellation and Return of Custom-Made Items

In the case of contracts for the delivery of goods that are not prefabricated and for which the consumer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the consumer’s personal needs, there is no statutory right of withdrawal pursuant to Section 312g(2)(1) of the German Civil Code (BGB).

There is no general right to cancel such an order freely after the contract has been concluded. At the customer’s request, the seller may, on a case-by-case basis, consider whether the contract can be terminated by mutual agreement. In such a case, the parties may reach an agreement regarding the reimbursement of expenses already incurred that cannot be recovered elsewhere.

Statutory rights of withdrawal for other goods, as well as statutory rights arising from defects, delays in delivery, breaches of duty, or other legal grounds, remain unaffected.

9. Governing Law

All legal relationships between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

This choice of law applies only to the extent that it does not deprive the customer of the protection afforded to him or her by mandatory provisions of the law of the country in which he or she has his or her habitual residence.

10. Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, 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 activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

11. Information on Online Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.