Terms and conditions
General Terms AND CONDITIONS AND CUSTOMER INFORMATION
A. General terms and conditions
2. Contract conclusion
3. Costs of returns when exercising the right of revocation
4. Prices and payment terms
5. Delivery and shipment terms
7. Liability for defects
9. Applicable law
B. Customer information
1. Information on the identity of the seller:
2. Information on the material properties of the goods or services
3. Information on the conclusion of the contract
4. Information on payment and delivery
5. Information on the technical steps leading to the conclusion of a contract
6. Information on the storage of the contract text
7. Information on the technical means to detect and correct input errors
8. Information on the languages available for the conclusion of the contract
A. General terms and conditions
These general terms and conditions of "Star Club GmbH" (hereinafter referred to as "seller") shall apply to all contracts that the customer concludes with the seller for the products and/or services presented in the seller's online shop. The applicability of terms and conditions of the customer is hereby rejected, unless otherwise agreed.
In the context of section 1.1, customers include consumers and entrepreneurs; a consumer is any natural person that concludes a legal transaction for a purpose not related to its commercial or self-employed activity. In contrast, an entrepreneur is any natural or legal person or incorporated partnership that concludes a legal transaction in exercise of its self-employed or commercial activity.
2 Contract conclusion
The product presentations in the seller's online shop do not constitute binding offers by the seller, but serve to submit a legally binding offer by the customer.
The customer may place the offer by phone, in writing, by fax, by e-mail, or using the online order form that is integrated in the seller's online shop. In the case of an order using the online order form, the customer makes a legally binding contract offer for the goods in the shopping cart by entering his personal data and clicking "Submit order" in the final step of the order process. Before submitting the binding order, all entries can be corrected at all times using the standard keyboard and mouse functions. Moreover, all entries are displayed once again in a confirmation window, where they can also be corrected using the standard keyboard and mouse functions, before the binding order is submitted.
If the customer places his offer by fax, by e-mail, or using the online order form that is integrated in the seller's online shop, the seller will confirm the receipt of the customer's offer via electronic media (fax or e-mail) without delay.
The seller may accept the customer's offer by means of a written (mail) or electronic (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.
The order data are stored by the seller and can be queried by the customer in the password-protected customer account after the customer submits his order, provided that the customer created a customer account in the seller's online shop before submitting his order.
The order processing and contact usually take place by e-mail and automated order processing. The customer shall ensure that the e-mail address he specifies for the order processing is correct, so that the e-mails that the seller sends to this address can be received. If the customer uses spam filters, he must ensure that all e-mails sent by the seller or third parties engaged by the seller for the order processing can be delivered.
3 Costs of returns when exercising the right of revocation
If the customer has a right of revocation, he shall bear the normal costs of the return shipment in the event of exercise of the right of revocation if the price of the returned item does not exceed EUR 40 or, if the price of the item is higher, in the event that the customer has not yet paid the compensation or a contractually agreed instalment at the time of revocation, unless the delivered goods do not correspond to the ordered goods. In all other cases, the costs of the return shipment shall be borne by the seller.
4 Prices and payment terms
The specified prices of the seller are final, i.e. they contain all price components including statutory VAT. Any delivery and shipping costs that may additionally be incurred will be indicated separately in the respective product description in the offer.
For deliveries in Germany, the seller offers the following payment methods, unless specified otherwise in the respective product description in the offer:
Advance payment by
- Bank transfer
- Credit card (Visa, MasterCard)
If shipment to other countries is also offered for the respective product, the customer can select from the following payment methods for shipments to other countries, unless specified otherwise in the respective product description in the offer:
Advance payment by
- Bank transfer
- Credit card (Visa, MasterCard)
Additional costs may be incurred for shipments to non-EU countries, e.g. additional taxes and/or duties such as customs duties.
If advance payment is agreed, the payment shall be due immediately upon conclusion of the contract.
If payment by credit card is selected, the amount will be debited to the customer's credit card account when the order is finalised.
5 Delivery and shipment terms
The delivery of goods always takes place by means of shipment to the delivery address specified by the customer. For the execution of the transaction, the delivery address specified in the seller's order processing shall be relevant. If the selected payment method is PayPal, the delivery address that the customer specified in PayPal shall be authoritative.
If delivery to the customer is not possible, the engaged freight company shall send the goods back to the seller, and the costs of the failed delivery shall be borne by the customer. This shall not apply if the customer was temporarily hindered from accepting the offered performance, unless the seller had announced the performance to the customer early enough in advance or if the customer exercises his right of revocation in this way.
As a matter of principle, the risk of accidental loss and accidental deterioration of the sold goods shall be transferred upon surrender of the goods to the customer or authorised recipient. If the customer is an entrepreneur (who exercises his commercial or self-employed activity), the risk of accidental loss and accidental deterioration shall be transferred upon surrender of the goods to a suitable forwarder at the domicile of the seller.
In the relationship with an entrepreneur, all agreed delivery times shall be subject to correct and due upstream supply in cases in which the seller has concluded a concrete cover transaction and is not responsible for the missing availability.
Delivered goods remain property of the seller until full payment is made.
7 Liability for defects
The statutory liability for defects shall apply.
In the event of injury to life, body, or health, in the event of intent or gross negligence, in the event of deceit and warranties, and in the event of liability under mandatory statutory regulations such as the German Product Liability Act (ProdHaftG), the seller shall be liable without any limitation, regardless of the legal basis.
Apart from this, the seller shall be liable as follows, regardless of the legal basis:
If the seller has negligently breached a material contractual obligation (cardinal obligation), the obligation to pay compensation for property damage shall be limited to the foreseeable typical average damage. Material contractual obligations are obligations that the content of the contract imposes upon the seller in order to achieve the purpose of the contract, whose fulfilment are essential to the due performance of the contract, and on whose performance the customer may always rely.
If the seller has negligently breached an immaterial contractual obligation, the compensation obligation is limited to the order value.
9 Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, under exclusion of the laws on the international sale of goods. For consumers, this choice of law shall only apply to the extent that the granted protection is not withdrawn by mandatory provisions of the laws of the consumer's habitual country of residence.
If the customer is a merchant, a legal person under public law, or a fund under public law, the courts at the domicile of the seller shall have exclusive jurisdiction over all disputes that may arise from this contract. The same shall apply if the customer does not have any general place of jurisdiction in Germany or the EU or if his domicile or habitual place of residence is not known when the lawsuit is filed. The right to appeal to court at a different statutory place of jurisdiction remains unaffected.
The contract language is German.
B. Customer information
1 Information on the identity of the seller:
Star Club GmbH
Stuttgart District Court: HRB 225803VAT ID pursuant to Section 27a of the German VAT Act (UStG): DE 234196984
Director: Björn Steiner
Telephone: +49 (0)711 6647866
Fax: +49 (0)711 6647867
2 Information on the material properties of the goods or services
The material properties of the goods or services are as shown in the product description published by the seller.
3 Information on the conclusion of the contract
The contract shall be concluded in accordance with section 2 of the seller's general terms and conditions (see above).
4 Information on payment and delivery
The payment shall be made in accordance with section 4 and the delivery shall be made in accordance with section 5 of the seller's general terms and conditions (see above).
5 Information on the technical steps leading to the conclusion of a contract
5.1 If the customer uses the seller's online order form for his order, he submits his offer as follows:
5.1.1On the seller's product presentation page, the customer clicks "Add to shopping cart" or "Buy" in the first step. A pop-up opens up, indicating that the item has been added to the shopping cart.
5.1.2 In step two, the customer clicks "Show shopping cart" either immediately or after adding further goods to the virtual shopping cart. The shopping cart opens up. In the next step, the customer clicks "Check out". If the customer is not yet registered and logged in, a new page opens up. On this page, the customer must either sign up and open a customer account in an intermediate step, opt for an order without a customer account, or log in if he is already a registered customer. If he is already a registered customer, he completes the fields "Your e-mail address" and "Your password" and then clicks "Log in". If he is not yet a registered customer, he either clicks "New customer" or "Order without customer account". Subsequently, he completes the form and clicks "Next". A new page opens up in which the customer can select a payment method in step four.
5.1.3 In step five, the customer clicks "Next". A new page opens up, summarising the details of the order. On this page, the customer can edit the invoice and delivery address as well as the shopping cart and the payment method by clicking the respective "Edit" button. The shipment method can also be selected on this page.
5.1.4 In step six, the customer ticks "I have read the GTC of this shop, the information on the right of revocation, and the privacy statement and agree to them".
5.1.5 In step seven, the customer clicks "Submit order now".
5.2 The acceptance by the seller takes place in accordance with section 2.4 of the seller's general terms and conditions (see above).
6 Information on the storage of the contract text
The contract text is stored by the seller and sent to the customer along with these GTC and customer information in text form (e.g. e-mail, fax, or mail) after the customer submits his order. Additionally, the contract text is archived on the seller's Web site and can be accessed by the customer free of charge in his password-protected customer account by entering the respective login data, provided that the customer created a customer account in the seller's online shop prior to submitting his order.
7 Information on the technical means to detect and correct input errors
Before submitting the binding order, the customer can at all times correct all entries using the standard keyboard and mouse functions. Moreover, all entries are displayed once more in a confirmation window, where they can also be corrected using the standard keyboard and mouse functions, before the order is submitted.
8 Information on the languages available for the conclusion of the contract
Contracts are concluded in German only.