General Terms and Conditions for the ordering of goods by consumers from Starlit Germany GmbH Area of application:
The following General Terms and Conditions apply to all commercial relations between Starlit Germany GmbH and its customers. Customers in the sense used in these General Terms and Conditions are consumers. A consumer is any natural person (individual) who enters into a legal transaction for a purpose that cannot be attributed either to the commercial or to the independent professional activity of the natural person. The authoritative version is the one that is valid at the time the particular contract is entered into. Arrangements that diverge from these Conditions require the express agreement of both parties in writing. Diverging arrangements that may be agreed on apply exclusively to the specific individual case without any effect in the future. These General Terms and Conditions also apply when Starlit Germany GmbH effects a delivery without provisos, without coming to an agreement with the customer, while being aware of conditions on the part of the customer that are contrary to or divergent from these General Terms and Conditions.
Coming into effect of the contract:
The conditions for the goods are subject to confirmation and not binding. The presentation of goods on the internet does not constitute an offer, but is a non-binding invitation to customers to order the goods. A contract between Starlit Germany GmbH and a customer comes into effect through the placing of an order by the customer and the acceptance of the order by Starlit Germany GmbH.
Orders can be placed through the internet, by e-mail, fax, telephone, or letter. The order must contain the name, address, delivery address where applicable, and e-mail address of the customer, and also the quantity and type of goods. The order is an offer to purchase. The offer to purchase becomes binding when it is received by Starlit Germany GmbH.
The reception of an order transmitted electronically via the internet (except for e-mails) will be confirmed without delay. The confirmation of reception does not constitute a binding acceptance of the order, unless this is expressly stated. The reception of an order placed by telephone does not constitute a binding acceptance.
Starlit Germany GmbH is not obliged to accept an order. In particular in cases of calculation errors, misprints, typing errors, or transmission errors relating to descriptions of goods on the website, or a lack of customer creditworthiness, Starlit Germany GmbH is entitled to reject the customer's offer. Starlit Germany GmbH is further entitled to reject orders with a value below the minimum order value. The minimum order value for dispatch to all countries appearing on the list of countries is 15,00 Euros.
Starlit Germany GmbH is entitled to accept the offer of contract made through the order within two weeks, unless the order was placed electronically. In the case of orders placed electronically Starlit Germany GmbH is entitled to accept the order within three working days after reception of the order. The acceptance of an order contains the name and address (and the delivery address where applicable) of the customer, and the ordered and available goods.
The contract is concluded with the proviso that performance will not take place, or will take place only partially, in cases where deliveries by Starlit Germany GmbH's suppliers are not correct or not in order. This only applies in cases where we are not responsible for the non-delivery. In cases of non-availability or partial availability of the goods, the customer will be informed without delay. The counter-performance will be reimbursed without delay.
Prices, methods of payment, delivery:
The prices given are in Euros.
For sending items by standard delivery within Germany, the price includes the VAT currently set by law, postage insurance, and dispatch insurance. If payment by cash on delivery is chosen, there will be an additional cash on delivery charge and also a further cash on delivery fee charged by the authorised deliverer. The cash on delivery fee charged by Deutsche Post AG for the payment form is 2 Euros and will be collected by Deutsche Post AG directly on delivery.
For sending items by standard delivery to all countries appearing on the list of countries, the additional postage and dispatch costs listed, and where applicable any customs and import duties, must be added to the price. Starlit Germany GmbH has no influence on the amount of the customs and import charges and therefore is unable to say in advance what they will be. If customers would like to have more information, they must make enquiries at the local customs office. Starlit Germany GmbH would like to point out to customers that as importers they have to observe the relevant regulations of their country.
For sending items by express delivery or by a certain date, the postage and dispatch costs that you can find in our list of countries must be added to the price.
Customers can pay the purchase price in advance by remittance in cash, Paypal or by bank transfer, or can pay cash on delivery on receipt of the goods. Starlit Germany GmbH is entitled to exclude individual methods of payment.
The "cash on delivery" form of dispatch is only possible for delivery addresses in Germany.
Goods sent by standard delivery are normally dispatched by Starlit Germany GmbH on working days (Monday to Friday) within 48 hours after it has accepted an order and established that it has received the full price. However, Starlit Germany GmbH reserves the right not to dispatch the goods until after the expiry of the time limit within which customers can cancel their order. Customers should note that the delivery itself can take up to five days within Germany (times for other countries on request), and in exceptional cases even longer. If an exceptional case is foreseeable, Starlit Germany GmbH will inform the customer in advance. The data given for delivery times are non-binding. Starlit Germany GmbH is entitled to deliver goods in instalments.
Should the customer refuse to accept delivery or fail to collect the dispatched goods that have been deposited elsewhere, Starlit Germany GmbH will make a flat-rate charge of 10,00 Euros to compensate for the expenses it has incurred.
Starlit Germany GmbH would like to point out that public holidays are not the same throughout Germany and vary from country to country. The conditions given above therefore apply to the statutory holidays in the German states (Bundesländer) or countries in which service providers are involved in processing an order.
Set-off, right of retention:
Customers only have the right to set off counter-claims if the counter-claims have become res judicata or been recognised by Starlit Germany GmbH.
Customers can only exercise the right of retention if their counter-claim is based on the same contractual relationship. This does not affect the defence of non-performance of contract.
Time at which payment is due, default:
The purchase price is due immediately once the order has been accepted by Starlit Germany GmbH. The duty of Starlit Germany GmbH to deliver the goods only takes effect once it has established that it has received the full amount of the payment from the customer.
Payment can be made in advance (by bank transfer, Paypal or remittance in cash) or by cash on delivery (only for deliveries in Germany).
The goods will be reserved for the customer for 10 working days. Should Starlit Germany GmbH not establish reception of payment by then, the customer will receive a reminder by e-mail. After this Starlit Germany GmbH is entitled to sell the goods to someone else. No claim to delivery at a later date will arise.
For orders where the customer wishes to pay cash on delivery, the goods are normally dispatched on working days (Monday to Friday) within 48 hours after acceptance of the order. Payment takes place directly upon delivery in cash or by credit card (depending on the authorised deliverer). In addition to the amount shown on the invoice, Deutsche Post AG charges a payment form fee of 2,00 Euros.
Should customers not pay the purchase price within 10 days after receipt of the goods, they are in default. Should customers be in default, Starlit Germany GmbH may demand compensation, in addition to default interest of 5 percentage points higher than the current base interest rate announced by the European Central Bank. Should a customer still not have paid after the expiry of a reasonable additional period of time that has been granted for payment, then Starlit Germany GmbH is entitled to withdraw from the contract.
Retention of title:
The goods that have been delivered remain the property of Starlit Germany GmbH until full payment has been made.
Customers are obliged to handle the goods with care during the existence of the retention of title. Customers are to inform Starlit Germany GmbH without delay of any attempts by third parties to seize the goods, in particular execution measures, and to take appropriate legal steps against such attempts of their own accord. In the same way Starlit Germany GmbH is to be informed in writing of any damage to or destruction of the goods that may occur. Starlit Germany GmbH is to be notified by the customer without delay of any change of possession of the goods or a change of address on the part of the customer.
Customers are obliged to compensate Starlit Germany GmbH for all damage and costs that may arise as a result of a breach of these obligations and of necessary measures of intervention against attempts by third parties to seize the goods.
Right to cancel, compensation for lost value if the right to cancel is exercised:
Customers have the right to cancel, unless the goods that have been ordered were manufactured according to the customer's specifications or clearly tailor-made to meet the customer's personal requirements. Should the right to cancel exist, customers can cancel their order within two weeks by e-mail, fax or letter or by returning the goods, without giving any reasons. If the goods have already been paid for, Starlit Germany GmbH has to reimburse the purchase price, after deducting postage and delivery costs (including charges for cash on delivery and sending items by express delivery or by a certain date) and any customs and import duties that may arise. Starlit Germany GmbH therefore advises customers in their own interest not to forget to give full details of the bank account to which the payment is to be returned (depending on the method of payment chosen beforehand) with their cancellation.
The period within which cancellation can be made begins with the receipt of notification of the right to cancel in text form or at least with the delivery of your order. To observe this time limit it is sufficient to send notice of cancellation or the item within the prescribed period to:
Starlit Germany GmbH
Verwaltung
z.Hd. Frau Petra Calfová
Menzinger Strasse 27
D – 80638 München
Fax: +49/89/17999696
Email: contact (at) starlitshop.com
The right to cancel expires at the latest six months after receipt of the goods.
Should customers exercise the right to cancel, they are obliged to return the goods if the item can be sent by parcel post. To be sent by parcel post the goods must be complete (i.e. including all accessory parts and instructions for use) and packed in the original packaging together with the invoice, or at least in a suitable packaging for transportation.
With orders with a value of up to 40,00 EURO, the cost of returning the goods is borne by the customer, unless the goods delivered do not correspond to the goods that were ordered. With orders with a value of over 40,00 EURO, the customer does not have to bear the cost of returning the goods. In order to avoid claims for compensation, customers are strongly advised to contact Starlit Germany GmbH before returning the goods to discuss the form of delivery, and to choose only insured forms of delivery (by registered delivery or parcel post). Starlit Germany GmbH advises customers in their own interest to retain proof that the goods have been returned (by registered delivery or parcel post).
Instead of returning the goods, customers have to pay compensation for lost value if the goods have deteriorated or been lost or destroyed. Deterioration occurs, for example, if the goods or accessory parts are damaged, or if parts are missing or have become dirty. Customers are further obliged to pay compensation for lost value if they have sold, mortgaged, processed or altered the goods.
In particular, customers have to pay compensation for lost value to an amount of 5% of the value of the goods from the day of receipt up until the day the goods arrive at Starlit Germany GmbH for a deterioration that arises through the use of the goods as per the regulations, in particular a loss of value. The obligation to pay compensation for lost value can be avoided if the customer neither removes the security threads that are attached to the goods, nor makes use of the goods as an owner in any other way. Customers are not deemed to have made use of the goods if they examine the goods with due care and diligence without removing the attached security threads.
WE WOULD LIKE TO POINT OUT THAT STARLIT GERMANY GMBH REGRETS THAT IT IS UNABLE TO TAKE RECEIPT OF DELIVERIES IF THE POSTAGE FOR THEM HAS NOT BEEN PAID!!
Passing of risk:
The risk of accidental loss, destruction or deterioration of the goods passes to the customer on the transfer of the goods, also in cases when the goods are dispatched. Should the customer be in default of acceptance, this is treated as the equivalent of the goods having been transferred. This is the case if the customer fails to accept a delivery that is offered to him or her.
Warranty, guarantees:
Illustrations of the goods may differ from the appearance of the goods that are delivered, especially as regards colour, size and brilliance. This does not constitute a defect and is not a ground for complaint. The goods delivered are in conformity with the contract if the goods delivered are the goods illustrated.
Should the goods be defective when the risk is passed on, customers may assert their rights relating to warranty against defects. If, for example, the goods have been made use of by the customer, and damage occurs as a result of natural wear and tear, improper use, or insufficient or incorrect care, this does not constitute a defect when the risk is passed on.
Under their rights relating to warranty against defects, customers may first ask for supplementary performance. Customers can choose whether the supplementary performance will take place by means of rectification of defects or by replacement. Starlit Germany GmbH is entitled to refuse the type of supplementary performance chosen if it is only possible at a disproportionate cost and the other type of supplementary performance is without significant disadvantages for the customer. In the case of a replacement, the customer has to return the defective goods to Starlit Germany GmbH.
Should the supplementary performance come to nothing, customers may ask for a reduction of the purchase price, cancellation of the contract (withdrawal), or compensation, at their choice. If the defects are only minor ones, customers do not have a right to withdraw from the contract. If customers choose compensation, then the limitations on liability in these General Terms and Conditions apply.
Customers' rights relating to warranty against defects are precluded if they knew about the defect when the contract was concluded. If a defect was unknown to the customer as a result of gross negligence, then the customer can only assert his or her rights in relation to this defect if Starlit Germany GmbH fraudulently concealed the defect.
Unless expressly noted otherwise in relation to the goods, customers must assert warranty claims on principle within a warranty period of two years from the delivery of the goods. Exceptionally, in the case of used goods, a warranty period of one year from the delivery of the goods applies. The one-year warranty period does not apply if Starlit Germany GmbH can be accused of gross fault, nor in the case of personal injury or damage to health that is attributable to Starlit Germany GmbH, or loss of life of the customer. This does not affect liability under the Product Liability Act.
Starlit Germany GmbH does not provide customers with any guarantees in the legal sense. This does not affect manufacturer's guarantees.
Limitations on liability:
Starlit Germany GmbH and its legal representatives and vicarious agents are not liable in cases of slightly negligent breaches of duties that are not fundamental to the contract, and the breach of which does not jeopardise the execution of the contract. In other respects the liability of Starlit Germany GmbH and its legal representatives and vicarious agents in cases of slightly negligent breaches of duties is limited to foreseeable, contractually typical, direct average damage.
The foregoing limitations on liability do not apply to claims made by customers on grounds of product liability or guarantee. Further, the limitations on liability do not apply in the case of personal injury or damage to health that is attributable to Starlit Germany GmbH, or loss of life of the customer.
Starlit Germany GmbH is liable only for its own content on the website of its online shop. Insofar as access to other websites is facilitated by means of links, Starlit Germany GmbH is not responsible for the third-party content of such sites. Starlit Germany GmbH does not adopt the third-party content as its own. Provided Starlit Germany GmbH obtains information about the illegal content of other, third-party websites, it will block access to these websites without delay. Starlit Germany GmbH does not accept liability if the goods infringe foreign copyright and/or other foreign related rights.
Damage to goods in transit:
When the goods arrive, customers have to examine them without delay for obvious damage to the packaging or to the goods themselves, and to notify obvious damage that has occurred in transit to Starlit Germany GmbH without delay, at the latest within three working days, and to refuse to take delivery.
Data processing:
Starlit Germany GmbH is entitled, with due regard to the Federal Data Protection Act, to use electronic data processing equipment to store and process customer data that is necessary for handling the transaction, and to pass these data on to third parties insofar as this is necessary for handling the transaction. The collection, processing and use of personal data for marketing purposes require the consent of the customer. Customers have the opportunity to give this consent before placing their order. Customers have the right to retract their consent at any time with effect for the future.
Applicable law:
Exclusively German law is applicable to the contract between the consumer and Starlit Germany GmbH. The application of the UN sales convention is excluded.
Place of jurisdiction:
The exclusive place of jurisdiction for both parties is Munich, Germany.
Your team of
Starlit Germany GmbH
Verwaltung
Menzinger Strasse 27
D – 80638 München
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