GENERAL TERMS AND CONDITIONS
- Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Sternzeit-Design / Markus Paulke” (hereinafter referred to as “Seller”), apply to all contracts that an entrepreneur (hereinafter referred to as “Buyer”) concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Herewith the inclusion of the buyer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3 These Terms and Conditions of Sale and Delivery shall be deemed to be exclusively agreed upon at the latest upon acceptance of the goods by the Buyer or his vicarious agents. Deviating individual agreements between the parties to the contract remain unaffected by the Terms and Conditions of Sale and Delivery.
- Conclusion of contract
2.1 The product representations contained in the online shop of the seller do not represent binding offers on the part of the seller but serve for the submission of a binding offer by the buyer.
2.2 The buyer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process the customer submits a legally binding offer to enter into a contract with respect to the goods and/or services contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller via e-mail.
2.3 The seller can accept the offer of the buyer within 10 days – by sending the Buyer a written order confirmation or an order confirmation in text form (e-mail) whereby the receipt of the order confirmation by the Buyer is decisive or – by delivering the ordered goods to the Buyer, whereby the receipt of the goods by the Buyer is decisive, or – by requesting payment from the buyer after placing his order. If several of the above-mentioned alternatives are available, the contract shall be concluded at the point in time at which one of the above-mentioned alternatives occurs first. If the seller does not accept the offer of the buyer within the above-mentioned period, this shall be deemed a rejection of the offer with the consequence that the buyer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the buyer and shall end at the end of the tenth day following the dispatch of the offer.
2.5 When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller and displayed to the buyer in text form together with these General Terms and Conditions of Business when the buyer sends his order. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the buyer via his password-protected customer account by entering the relevant login data, as long as the buyer has created a customer account in the seller’s online shop before sending his order.
2.6 The basis for the conclusion of the contract is the German language regardless of whether the contract is concluded online in another language.
2.7 The 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 by him for order processing is correct, so that 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 by third parties commissioned by the seller to process the order can be delivered. Orders with Sternzeit Design require the written form. The customer is bound to his order unless the order is rejected within 2 weeks. A contract is concluded by the written confirmation or the executed delivery. However, the conclusion of the contract is always subject to proper and timely delivery by our suppliers. Possible verbal side agreements or assurances to the offers or written contracts (e.g. delivery dates or custom-made products) always require the written confirmation by Sternzeit Design for their effectiveness. All offers from Sternzeit Design are subject to change and non-binding, especially with regard to prices, delivery times, availability, quantities and designs.
- Return of goods
3.1 The return of faultless goods is generally excluded.
3.2 For a possible return, however, a written confirmation by Sternzeit-Design is always required. If a return is agreed between the contracting parties, this is to be carried out free of shipping and other costs for Sternzeit-Design. If Sternzeit Design should organize the return of the goods on its own initiative (e.g. with Dropshipping) then the costs resulted from it must be refunded by the orderer. These costs are closely based on the actual costs. For goods classified as “resaleable” after an assessment by Sternzeit Design (prerequisite for this is the intactness of the goods) a credit note will be issued, the amount of which is calculated on the purchase price of the goods minus a return and restocking discount (assessment, handling, new packaging) of currently 20,-€ net plus VAT. Goods that are not “resaleable” as well as individually manufactured products are always excluded from return. Exceptions can also only be made here on the basis of a written agreement for the execution of the respective individual return (e.g. partial refund in the case of partial utilisation).
- Prices and terms of payment
4.1 Sternzeit-Design delivers goods at the prices quoted on the day of the order. All prices are exclusive of the legal sales tax plus transport and packaging costs from Germany, unless otherwise agreed. Shipping costs within Germany are based on the net order value of the available articles (see shipping and payment conditions).
4.2 In the case of deliveries abroad, further costs may arise in individual cases for which the seller is not responsible, and which are to be borne by the buyer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes or customs duties. Such costs may also be incurred in relation to the transfer of money if the delivery is not made abroad but the customer makes the payment from abroad.
4.3 Various payment options are available to the customer, which are specified in the seller’s online shop (see terms of shipment and payment).
- Construction or model changes
5.1 Our offers are subject to change.
5.2 We expressly reserve the right to make changes in form and weight as well as customary and reasonable deviations in colour and grain, especially in the case of fabrics, leather and wood. Sternzeit Design reserves the right to deliver ordered goods in the respective current model variant.
5.3 The customer has no right to claim that any modifications made to products already delivered by Sternzeit Design during a model change will be carried out subsequently.
5.4 Qualitative claims can only be made on the ordered goods to an amount that is customary in trade for goods in the price range of the ordered goods.
- Delivery dates and shipping conditions
6.1 Delivery dates and/or deadlines shall only be binding in writing.
6.2 Sternzeit Design reserves the right to reasonable partial deliveries.
6.3 Delays in delivery due to force majeure or events (natural phenomena, model procurement difficulties, strikes, lockouts, operational disturbances, lack of personnel, lack of means of transport or official orders, including those of Sternzeit Design’s suppliers or their suppliers), which make the delivery significantly more difficult or even impossible (even with bindingly promised dates) release Sternzeit Design from any claims for damages.
6.4 The delivery of goods takes place regularly on the dispatch way and to the delivery address indicated by the buyer. In the transaction process, the delivery address given in the purchase transaction of the seller is decisive. Sternzeit Design assumes no liability for incorrectly specified delivery addresses.
6.5 If the transport company returns the dispatched goods to the seller because delivery to the buyer or its recipient (e.g. in the case of dropshipping) was not possible, the buyer shall bear the costs for the unsuccessful dispatch.
6.6 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the location of the seller’s warehouse after consultation with the seller. In this case no shipping costs will be charged.
- Transfer of risk
7.1 The risk passes to the customer as soon as the goods have been handed over to the carrier or have left the warehouse of Sternzeit Design due to shipment.
7.2 If the dispatch takes place later as to the request of the buyer, the risk is transferred to the buyer with the notification of readiness for dispatch.
- Liability for defects
8.1 Unless it is a purchase of consumer goods, according to § 474 ff. BGB, Sternzeit Design is liable within one year after delivery of the goods in the context of the legal regulations of material defects (§ 434 BGB).
8.2 If the instructions on the packaging or the instructions for use are not followed correctly, or if the goods are not stored, used, negligently handled or exposed to chemical or physical influences in a professional manner, then all liability for material defects does not apply.
8.3 If the purchase is a commercial transaction for both parties, the buyer must inspect the goods immediately after delivery by the seller/carrier, insofar as this is feasible in the ordinary course of business, and if a defect is found, the buyer must notify the seller immediately, but at the latest within 2 days of receipt of the goods, enclosing the delivery note belonging to the consignment. Otherwise the assertion of the warranty claim is excluded. Timely dispatch suffices to meet the deadline.
8.4 The customer bears the full burden of proof for all conditions of entitlement, specifically for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects. The defective goods are to be kept in the condition in which they were at the time of the determination of the defect, ready for inspection by an employee of Sternzeit Design or a commissioned third party, or to be sent at their request.
8.5 In the case of a proper, timely and justified notice of defect Sternzeit Design will deliver a replacement free of defects (supplementary performance), if it does not concern goods which have been individually produced/procured according to the customer’s specifications. If the supplementary performance should fail or if it concerns a special order, the buyer is entitled to demand either an appropriate reduction in payment or (partial) cancellation of the contract regarding the defective goods. If the customer chooses to withdraw from the contract due to a legal or material defect after a failed supplementary performance, he is not entitled to claim compensation for the defect.
- Liability in other cases
9.1 Claims for damages arising from impossibility of performance, positive violation of claims, culpa in contrahendo, delay in delivery or unauthorised action are excluded against Sternzeit Design as well as against their vicarious agents and assistants, unless it is a matter of intentional or grossly negligent action or culpable violation of essential contractual obligations.
- Reservation of proprietary rights
10.1 Sternzeit Design reserves the right of ownership of the delivered goods until all claims arising from the delivery contract have been paid in full. Sternzeit Design is entitled to take back the purchased item if the customer behaves contrary to the contract.
10.2 The customer is obliged, if the property has not yet been transferred to him, to treat the object of purchase carefully. In particular, he is obliged to insure it sufficiently at his own expense against theft, fire and water damage at replacement value. If the property has not yet been transferred to him, the buyer has to inform Sternzeit Design immediately in writing if the delivered object is seized or is exposed to other interferences of third parties. As far as the third party is not able to refund Sternzeit Design the judicial and extrajudicial costs of a complaint in accordance with § 771 ZPO, the buyer is responsible for the loss resulted to Sternzeit Design.
10.3 The buyer is entitled to resell the reserved goods in the normal course of business. The buyer hereby assigns to us the buyer’s claims arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment shall apply regardless of whether the purchased item has been resold without or after processing. The buyer remains entitled to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
- Place of jurisdiction and applicable law
11.1 Place of performance for all obligations arising from the contractual agreements between Sternzeit Design and the buyer is Berlin.
11.2 For any disputes arising from the contractual relations between the parties, Berlin is the exclusive place of jurisdiction, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
11.3 The law of the Federal Republic of Germany shall apply to these Terms and Conditions of Sale and Delivery and the entire contractual relationship between the parties.
11.4 The applicability of the UN Sales Convention (CISG) is expressly excluded.
- General provisions
12.1 Any collateral agreements as well as amendments and/or supplements to these Terms and Conditions of Sale and Delivery must be made in writing. The same applies to any change to the written form requirement itself.
12.2 If a provision of these terms of sale and delivery or a provision within the framework of other agreements between the customer and Sternzeit Design is or becomes invalid, the validity of all other provisions and agreements shall not be affected. The invalid provision shall be replaced by a permissible provision that corresponds to its meaning and purpose. The same applies in the event of a loophole.
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