(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, company STARTFABRIK GmbH, represented by Ruben Keferstein, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(5) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, remains unaffected.
(3) We will confirm receipt of your order placed via our online shop immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items. Together with the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract consisting of the order, the GTC and the order confirmation on a durable data medium.
(5) We can only consider orders for deliveries abroad with a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we shall refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(7) The contract shall be concluded in German.
§ 3 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately 20 working days, unless otherwise agreed. It begins - subject to the provision in para. 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
§4 Prices and shipping costs
(1) All price quotations in our online shop are gross prices including the statutory value added tax and do not include shipping costs.
(2) The shipping costs are indicated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfil your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can demand the reimbursement of costs already paid for shipping to you (delivery costs) under the statutory conditions.
§ 5 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs shall be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can pay the purchase price and the shipping costs at your choice only with the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you have given notice of defects or counterclaims from the
the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for specific items or manufacturer's warranties granted by the manufacturers of specific items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and our vicarious agents if claims are asserted directly against them.
§ 9 Copyrights
We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 10 Dispute resolution, applicable law and place of jurisdiction
(1) We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Cancellation policy prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 Para. 2 Sentence 2. Reference: BGBl. I 2013, 3642 - 3670
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal 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 STARTFABRIK GmbH of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed model withdrawal form for this purpose, which is, however, 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 end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 for 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 delay and in any case no later than fourteen days from the day on which you notify us of the cancellation 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 handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
Contracts for the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract but which can be supplied at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence.
Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
- 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 the consumer(s) (only in the case of notification on paper)