table of contents
1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable Law
10. Place of jurisdiction
11th Code of Conduct
12. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Starpaint eK (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. 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 the contract
2.1 The product descriptions contained in the seller's online shop do not constitute legally binding contractual offers on the part of the seller, but serve to make a binding offer by the customer to conclude a purchase contract.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, he submits a legally binding contract offer for the goods in the shopping cart by clicking on the button that completes the ordering process. He logs into the online shop after registering and entering his login data (email address and password) and submits the order by clicking on the button to confirm the ordering process. The customer can also submit the offer to the seller by telephone, fax or email.
2.3 The Seller may accept the Customer’s offer within five days,
– by an automatically generated email (confirmation of receipt) or
– by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text available any further. If the customer has set up a user account in the seller's online shop before submitting his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant access data.
2.5 Before submitting 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 identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 Storage of the contract text for orders via our online shop: We save the contract text and send you the order data and our general terms and conditions by email. You can also view the general terms and conditions at any time at http://www.starpaint.eu/de/info/allgemeine-geschaeftsbedingungen.html. You can view your past orders in our customer area under My Account.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy and on this website under “ Right of withdrawal ”.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are shown separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop. The consumer has the option of paying in advance to the bank account (direct debit, SEPA).
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 Delivery will take place within 4 working days at the latest (unless the purchase requires the delivery of industrial equipment, in which case the date will be agreed between the shipping company and the customer). If payment is made in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer, and for all other payment methods, the delivery period begins on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
5.3 The delivery of goods delivered by a forwarding agent is “free curbside”, i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed. Self-collection
5.4 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. This does not apply to shipping costs if the customer effectively exercises his right of cancellation. If the customer exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.5 The risk of accidental loss and accidental deterioration of the item sold shall only pass to the buyer upon delivery of the item, even in the case of a sale by dispatch.
5.6 Average shipping rates as of March 2022:
Germany: 370,- EUR per meter + 1 additional meter, some places in Germany have a shipping discount.
International: varies
We always try to ship as quickly as possible, but it may take 1-2 weeks.
Some orders require customizations that must be completed before shipping.
In the event of delays in delivery, we assume no liability for any damages or claims for damages.
6) Retention of title
If the seller makes an advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 There is a statutory liability for defects for delivered goods. The warranty is based on the statutory provisions and the following regulations.
7.2 The following applies to used goods:
a. If the customer acts as an entrepreneur, his claims for defects in the goods expire one year after receipt of the goods; the statutory limitation period for recourse claims (Section 479 of the German Civil Code) remains unaffected. In all other respects, the warranty for used items is excluded.
b. Claims for defects are excluded if the defect only occurs one year after delivery of the goods. However, the reduction of the limitation period to one year does not apply
– for items that have been used for a building in accordance with their usual use and have caused its defects, damage caused by improper or non-contractual measures by the customer during installation, use, connection, operation or storage shall not constitute grounds for a claim
– in the case of claims for damages and reimbursement of expenses by the customer, as well as
– if the seller has fraudulently concealed the defect.
– They also do not apply to claims for damages due to a material defect in cases of injury to life, body or health, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of a culpable breach of essential contractual obligations. Essential contractual obligations are those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
c. Each product sold may or may not have a guarantee, the respective product guarantee can be viewed on the product page in the store.
7.3 If the customer is a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his statutory or contractual claims for defects.
8) Redemption of election campaign vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if the content of the promotional voucher results in a corresponding restriction.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 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 selected to settle the difference.
8.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for with the promotional voucher in whole or in part within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can make payments to the respective holder, who redeems the promotional voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authorization of the respective holder.
9) Applicable law
All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
10) 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 Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business is 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. However, in the aforementioned cases, the seller is always entitled to take legal action before the court at the customer's place of business.
11) Code of Conduct
– The seller has submitted to the conditions of participation of the eCommerce initiative “Fairness in Trade”, which can be accessed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
– The seller has complied with the guidelines for “Google Customer Reviews”, which can be viewed online at http://support.google.com/merchants/topic/7105962.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12.3 You can access the online dispute resolution according to EU requirements here: http://ec.europa.eu/consumers/odr/
customer service
Our customer service for questions, complaints and claims is available on weekdays from 8:30 a.m. to 5:30 p.m.
Phone: 09321 902 040
Fax: 09321 38 23 12 29
E-mail hello to this domain (starpaint.de)
Source:
http:// www.e-recht24.de