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GTC


General Terms and Conditions of sale

 

General contractual conditions in connection with sales contracts made through the web store Lifestyle smart.


of the company STAR COOPERATION Gesellschaft mit beschränkter Haftung, 

Otto-Lilienthal-Str. 5, 71034 Böblingen, Germany 

 Phone no.: +49 7031 6288-300 

 Register court: Local court Stuttgart, register number: HRB 24 5011 

 Sales tax ID Value added tax identification number according to § 27 a, Value Added Tax Act: DE 189 768 946 

 Represented by the managing director: Sofía Neher

- as webshop provider -

 

 


§ 1 Scope of application

 

1.  The following General Terms and Conditions of Sale apply to all purchase contracts concluded between STAR COOPERATION (hereinafter referred to as the Provider) and consumers and entrepreneurs as buyers via the STAR online shop www.lifestyle-smart.com or retailworld-smart.com. 


     Our contractual partner within the scope of these GTC is hereinafter referred to as the client. All our deliveries and services are based on these terms and conditions and any separate contractual agreements, unless otherwise agreed. 


     Deviating terms and conditions of the customer shall only become part of the contract with our express written consent. 


2. The customer is a consumer within the meaning of § 13 BGB (German Civil Code) if the customer is a natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or self-employed professional activity (§14 BGB).


 

§ 2 Conclusion of contract

 

1.    he customer can select products from the goods displayed on the website of the provider and place them in a shopping cart. To do this, the customer must click the button "add to cart". Before placing the order, the customer can view and change the data at any time and must, before the order can be placed and transmitted, click on the button "Accept GTC". Thus, the GTC of the provider are accepted by the customer and become part of the purchase contract.

 

In order to submit a binding application to purchase the goods in the shopping cart, the customer then clicks on the button "order subject to payment".

 

2.    In return, the provider sends the customer an automated confirmation of receipt by e-mail. In this confirmation of receipt, the customer's order is listed again. The customer can print this order via the "Print" function. This automated confirmation of receipt does not yet represent an acceptance of the application (order), but only confirms that the order of the customer has been received by the provider.

 

3.    only with the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation) no later than 10 days after the order, the contract is concluded. The statutory right of withdrawal remains unaffected. With this order confirmation or a separate e-mail, the entire contract text, which consists of the order, the GTC and the order confirmation, is sent. This contract confirmation shall be sent on a durable medium (e-mail) or by paper printout. If the order confirmation does not contain the text of the contract, it will be sent by e-mail or hard copy with the delivery of the goods at the latest.

 

4.    All documents shall be provided in both German and English.

 

§ 3 Scope of delivery and performance, performance deadlines, availability of goods

 

1.    The delivery times to be taken from the sales offer or our order confirmation shall be calculated from the time of our order confirmation and full payment of the purchase price. Something else applies only to purchase on account and purchase on delivery.

 

If the ordered goods in our online store or our order confirmation without a delivery time is specified, then the delivery time is 3 to 4 days.

 

2.    If the supplier at the time of the customer's order the ordered goods are not available or not in time, this will be communicated to the customer immediately.

 

3.    In the case of delivery obstacles of temporary duration for which we are not responsible and which were not foreseeable, such as force majeure, labor disputes, pandemics and other events beyond our control, the delivery and performance deadlines shall be extended by the period of the existence of the obstacle. After the expiration of 3 months in which the obstacle has not been removed, each party to the contract is entitled to withdraw from the contract with the consequence that the parties will be refunded the present services.

 

§ 4 Retention of title

 

The provider retains ownership of the ordered and delivered goods until full payment by the customer.

 

§ 5 Prices

 

1.    Our prices are stated in the store as gross prices including sales tax. Order change costs are borne by the customer. The agreed prices are not binding for repeat orders.

 

2.    The forwarding expenses are indicated in the order form and are to be carried by the customer. This applies only if the customer does not exercise his right of withdrawal.

 

The goods are shipped by mail. The shipping risk is borne by the provider.

 

3.    the customer has to bear the direct costs of the return in case of a revocation.

 

§ 6 Terms of payment

 

1.    the customer can pay by direct debit, credit card, on account or cash on delivery. Payment on account is only possible for new customers up to an order value of 100.00 €. The change of the payment method is possible for the customer at any time on his user account.

 

2.    in case of default the customer has to pay default interest in the amount of 5 percentage points.

 

3.    the assertion of further default damages remains unaffected.

 

§ 7 Warranty for defects

 

1.    the supplier is liable for material defects according to the applicable legal regulations. In this regard, reference is made in particular to § 434 et seq. BGB are referred to.

 

2.    an additional guarantee exists with the goods offered and supplied by the supplier only if this guarantee explanation was given expressly to the respective article in the confirmation of order.


§ 8 Damages for defects and other liability

1. The customer shall be entitled to compensation exclusively for damages due to a) the violation of essential contractual obligations; Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner relies and may rely, b) injury to life, body or health, c) intentional or grossly negligent breach of duty, d) fraudulent intent, e) a guarantee or agreement on quality, f) of the product liability law, g) any other mandatory statutory liability provision. 2. damages according to para. 1 item a. are limited to the contract-typical, foreseeable damage, unless the prerequisite for unlimited liability is also fulfilled. 3. the provider is liable for legal representatives and vicarious agents according to para. 1 and 2. 


§ 9 Revocation

 

1.    consumers have a legal right of withdrawal when concluding a distance selling transaction, about which the provider informs in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in paragraph 2. Paragraph 3 contains a model withdrawal form.

 

Right of withdrawalCancellation policy


Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. 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 or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.


 

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the 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; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

 

You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods..

 

2.    the right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

 

3.    the provider informs about the model withdrawal form according to the legal regulation as follows:

 

Model withdrawal form

(If you want to revoke the contract, please fill out this form and send it back).

 

- To:

STAR COOPERATION GmbH, 

Otto-Lilienthal-Strasse 5, 

D-71034 Böblingen, 


Telephone: + 49(0)7031 I 6288-300 

Fax: + 49(0)7031 I 6288-299


- 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 the consumer(s)

- Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete where not applicable

 

 

§ 10 Final Provisions

 

1.    The contracts between the supplier and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Insofar as mandatory regulations of a state in which the customer has his habitual residence as a consumer restrict the choice of law or stipulate the applicability of mandatory regulations, this shall remain unaffected.

 

2.    Should individual points of this contract be or become legally invalid, the remaining parts of the contract shall remain binding. The invalid provisions shall be replaced by the statutory provisions. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid

 

3.    The European Commission provides a platform for online dispute resolution (ODR platform:    http://ec.europa.eu/consumers/odr/)

 

Pursuant to Section 14 (2) of the ODR Regulation, we declare that there is no willingness or obligation to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG (Consumer Dispute Resolution Act)).

 

4.    The customer is aware that data from business transactions, including personal data, must be stored and processed within the scope of business necessity and transmitted to third parties. The customer agrees to this data collection and processing.