Terms and Conditions – sterrenstore.de

is an offer from

Sterrenstof BV
Hoofdveste 2
3992 DG Houten
Netherlands 

– hereinafter referred to as provider –

Table of contents:

• 1 Scope
• 2 Conclusion of contract
• 3 Right of withdrawal
• 3.1 Right of withdrawal for consumers
• 3.2 Exclusion of revocation
• 4 ordering steps
• 5 Payment, default
• 6 Offsetting/Retention of title
• 7 Delivery
• 8 Delay in acceptance
• 9 Warranty
• 10 Costs of return in case of cancellation
• 11 Liability
• 12 Data protection
• 13 Dispute resolution
• 14 Applicable law, place of jurisdiction
• 15 Final provision

1. Scope

(1) The services of the provider for the German-language web shop on the website https://sterrenstore.de/ and the associated subdomains are provided exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order.

(2) The product offering of the German-language online shop https://sterrenstore.de/ is aimed exclusively at customers residing in the Federal Republic of Germany. Customers can be businesses or consumers.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (Section 14 of the German Civil Code (BGB), hereinafter referred to as “entrepreneur”).

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his or her commercial or independent professional activity (Section 13 of the German Civil Code (BGB), hereinafter referred to as “consumer”).

(3) The customer’s general terms and conditions shall not apply, even if the provider does not specifically object to their validity in individual cases.

2. Conclusion of contract

(1) The provider’s offers on the Internet represent a non-binding invitation to the customer to order goods.

(2) The customer submits a binding offer when he has completed the online ordering process by entering the information requested there and clicks the button [“Order with payment”] in the last ordering step.

(3) The provider may accept this offer by sending an acceptance confirmation via email or by delivering the goods. Receipt of orders will be confirmed electronically without delay.
(4) The contract shall be concluded exclusively in German.

3. Right of withdrawal

3.1 Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

(2) If the customer is a consumer, he or she is entitled to a right of withdrawal (Section 312d in conjunction with Section 355 of the German Civil Code (BGB). A corresponding right of withdrawal is attached to these General Terms and Conditions as an appendix. Furthermore, the right of withdrawal will be displayed to the customer before placing a binding order and can be accessed at any time on the website https://sterrenstore.de/ by clicking the "Cancellation Policy" button.

3.2 Exclusion of the right of withdrawal

(1) According to Section 312 g Paragraph 2 of the German Civil Code (BGB), the right of withdrawal does not apply to the following contracts:

(2) Contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

4. Order steps

You order in our shop by following these steps.

(1) You place items in your shopping cart without obligation by clicking on [“Add to cart”]

(2) You can view all items in your shopping cart by clicking on the "Shopping Cart" button. You can also delete items or change the quantity here.

(3) If you wish to purchase the items in your shopping cart, click on ["Checkout"]. This will take you to the ordering process.

(4) During the ordering process, you first enter your delivery and payment details.

(5) Before you submit your order, you will receive an overview of all the details of your planned order (in particular, billing and delivery address, product, price, quantity, and payment method) on the confirmation page. Here, you will be asked to confirm the accuracy of your information. You can also correct or change your order details here by clicking on the previous menu item.

(6) By clicking the button [“Place order with payment”], you submit your order to us. You thereby offer us the conclusion of a purchase contract.

Information about the time of conclusion of the contract can be found in the relevant section in
the terms and conditions.

5. Payment, default

(1) The prices listed on the German-language version of the website https://sterrenstore.de/ and its associated subdomains at the time of the order apply. All prices are subject to statutory VAT and the shipping costs listed in the respective order.

(2) Payment of the purchase price is only possible in advance. Accepted payment methods are advance payment via PayPal, Klarna, and credit card.

(3) By clicking on the “Order with payment” button, the purchase price will be invoiced.

6. Offsetting/Retention of title

(1) The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed, or have been acknowledged by the provider. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

(2) The provider reserves ownership of the delivered item until the purchase price has been paid in full.

7. Delivery

(1) Goods ordered via the German-language web shop on the website https://sterrenstore.de/ are shipped exclusively within Germany.

(2) Goods will be shipped exclusively via a carrier selected by the provider. Delivery to packing stations is not possible.

(3) Delivery will take place after receipt of payment. The provider will indicate any possible deviations in delivery times on the respective product page. The start of the specified delivery time is subject to the timely and proper fulfillment of the customer's obligations, in particular the correct provision of the delivery address when placing the order.

(4) In case of delivery delays, the provider will inform the customer immediately.

(5) If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier fails to fulfill its contractual obligations, the customer will be informed immediately that the ordered goods are not available. Any consideration already provided by the contractual partner will be refunded immediately. The customer's statutory rights remain unaffected.

8. Delay in acceptance

(1) If the Customer defaults on acceptance or culpably violates other obligations to cooperate, the Provider shall be entitled to demand compensation for any resulting damages, including any additional expenses. Further claims remain reserved.

(2) The purchase price shall bear interest during the period of default. The default interest rate shall be five percentage points per annum above the base interest rate for consumers and nine percentage points per annum above the base interest rate for businesses.

(3) The customer reserves the right to prove that damages in the amount claimed have not occurred or have at least been significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time the customer defaults on acceptance or payment.

9. Warranty

All products from the provider's shop are subject to statutory warranty rights.

10. Costs of return in case of cancellation

In the event of an effective cancellation, the customer shall bear the direct costs of returning the goods.

11. Liability

(1) The provider shall be liable in accordance with the statutory provisions if the cause of the damage is based on an intentional or grossly negligent breach of duty committed by him, his legal representatives or his vicarious agents.

(2) Furthermore, the provider is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the provider is only liable for foreseeable, contract-typical damages. The provider is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

(3) The above limitations of liability shall not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(4) To the extent that the provider’s liability is excluded or limited, this shall also apply to the personal liability of its employees, legal representatives and vicarious agents.

12. Data protection

The provider treats the customer's personal data confidentially and in accordance with statutory data protection regulations. Customer data will not be shared without the customer's express consent, or will only be shared as necessary to process the contract, for example, with companies entrusted with the delivery of the goods. Further information can be found in the privacy policy on our website.

13. Dispute resolution

The EU Commission offers online dispute resolution on its ODR platform. Consumers can use this ODR platform to resolve their disputes related to online sales contracts or online service contracts. The ODR platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .

14. Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law deprives a consumer of mandatory consumer protection standards.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the relevant contractual relationship shall be the registered office of the provider. A merchant is defined as someone who operates a commercial business or who is classified as a merchant under the German Commercial Code (HGB) for other legal reasons. However, the provider is also entitled to sue the customer at the court of his or her place of residence.

15. Final provision

If any provision of these Terms and Conditions is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

The purchase contract is concluded with:

Sterrenstof BV

Authorized managing directors:
Galaxy Holding BV (Houten, Netherlands)
Universe Holding BV (Houten, Netherlands)

Address:

Hoofdveste 2
3992DG Houten
Netherlands

Contact:
Phone: 0031 642998449
Email: info@sterrenstore.nl

Registration in the Dutch Commercial Register:

Chamber of Commerce
Registration number: 83187820

VAT identification number: NL 862760586B01 

Attachment

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Sterrenstof BV, Hoofdveste 2, 3992DG Houten, Netherlands, email: info@sterrenstore.nl) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).

You may use the attached model cancellation form for this purpose, although this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation:

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract.

Return of the item:

Star material
Kaagschip 14
3991 CS Houten
Netherlands

The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Exclusion of the right of withdrawal:

The right of withdrawal does not apply to the following contracts:

1. Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
2. Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

We expressly point out that a right to withdraw from the contract, as generally provided for in Section 312g Paragraph 1 of the German Civil Code (BGB), is excluded for the above-mentioned goods in accordance with Section 312g Paragraph 2 of the BGB and therefore has no validity.

End of the cancellation policy

Cancellation form

If you wish to cancel the contract, please fill out this form and send it back.

To

Sterrenstof BV

Hoofdveste 2
3992DG Houten
Netherlands

Email: info@sterrenstore.nl

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods / the provision of the following service:

……………………………………………………………………

……………………………………………………………………

(Name of the product, order number and price if applicable)

Goods ordered on:

……………………….. (Date)

Goods received on:

……………………….. (Date)

Name and address of the consumer

………………………………………………………

………………………………………………………

……………………………. (Date)

…………………………………………….

Customer signature

(only with written revocation)