General Conditions of Sale and Delivery of Star-Minen-Werk GmbH, DE-78467 Konstanz for Online Business with End Consumers as well as Businessmen

The following terms shall apply to all of our quotations, sales and deliveries for or to our customers insofar as the deal has been concluded via internet. Customer may be end consumers or businessmen. An (end) consumer according to § 13 of the BGB (German Civil Code) is any natural person who closes deals for a purpose which may predominantly neither be assigned to any commercial activities nor any non-wage activities. A businessman according to § 14 BGB is any natural person or legal entity or business partnership performing commercial or non-wage activities when concluding a deal.

 

It is subsequently marked which of the following provisions shall be applicable for deals with (end) consumers and which for deals with businessmen. If no explicit identification can be found, a provision shall apply to both, consumer and businessman (together referred to as “customer”). Customer’s general terms of business shall only apply if we expressly approve them in writing.

 

The presentation of products in our online-shop shall not be considered as a binding offer but moreover an invitation towards any customer to place an order. The customer places a binding order of our goods by clicking the button “buy”. The purchase contract shall be concluded as soon as we deliver our order confirmation via e-mail immediately after having received customer’s order.

Supplementary agreements and/or modifications of customer’s order require our written confirmation.

 

For consumers with domicile in the EU the following shall apply: Our prices shown in the online-shop include VAT. Shipping costs depending on the „zone“ a customer lives in are added and shown separately. All shipping costs are identifiable for each order via internet in our shopping cart system.

 

For consumers having their domicile outside of the EU the following shall apply: The prices shown in the online-shop are net prices (excluding VAT). Shipping costs depending on the „zone“ a customer lives in are added and shown separately. All shipping costs are identifiable for each order via internet in our shopping cart system.

 

For businessmen the following shall apply: Our prices are shown in the shopping cart when the businessman orders our products. Prices are net and shall be – at our sole discretion – either ex works or ex warehouse or ex any place named in our order confirmation plus shipping costs depending on the “zone” of the place of destination. Prices do not include insurance, customs duties, VAT and other mandatory costs by law.

 

For consumers the following shall apply: The purchase price may be paid – at consumer’s discretion – in advance, via bank transfer, paypal or by credit card. In case consumer falls into arrears with its payment we charge interest as determined by the governing law. 

 

For businessmen the following shall apply: Industrial buyers may pay the purchase price after receiving an invoice. Our invoices have to be paid within 30 days after the date of invoice without any deduction. All other businessmen shall pay either in advance via bank transfer or paypal or credit card. In individual cases we may agree on diverging terms of payment. If customer should not keep to the payment deadline, we are entitled to interest on arrears in the amount of 9 % above the base lending rate. Additionally, we have the right to claim a lump sum in the amount of 40,-- EUR for our additional effort because of the businessman being in arrears. Businessman is obliged to pay higher damages if we can prove such damages adequately. 

Businessman is only entitled to offsetting if his counterclaims are established and undisputed or explicitly acknowledged by us. We are entitled to offset any payments by businessman against existing open invoices. 

If well-founded doubts arise with regard to businessman’s ability to pay or if an application is made to open insolvency proceedings with regard to his assets, all monies outstanding from our business relationship will become due immediately. In addition, we are entitled to request advance payment or payment by means of cash on delivery or letter of credit or good-faith deposit. If businessman has its domicile outside of Germany, we are generally entitled to ask for prepayment.

 

For consumers the following shall apply: We deliver our products after receipt of payment resp. credit entry on our account at the latest within 5 working days. If the customer chooses to pay in advance, we include our bank account in the order confirmation. Mode and route of shipment are chosen by us. If an ordered product is not in stock or may only be delivered with delay, we will inform the customer immediately. 

 

For businessmen the following shall apply: Our delivery times are only binding if we expressly confirm them as fixes delivery dates in writing. The delivery period or the delivery date is kept if the delivered goods are handed over to the shipping company prior to expiry of the delivery date or period or if we inform the shipping company or our customer about the goods being ready for shipment. At the same time, the risk of accidental perishing passes over to customer. We are entitled to partial deliveries.

In case of unforeseen events, Force Majeure (“Act of God”) or other hindrances, which we do not have any influence on and which have a severe influence on the delivery of our good or our performance, the relevant delivery period shall be prolonged adequately.  The same shall apply with respect to strikes or lockouts or other hindrances for which we are not responsible, at our premises or those of our suppliers.  Should such event last longer than three months, we are entitled to terminate the contract without customer having any right to claim damages with respect to our termination.

 

We take over warranty for the delivered products for the time of two years starting with the date of delivery. During that period consumer is entitled to the statutory warranty rights. According to the statutory provisions consumer has – on the first level – the right of post performance („Nacherfüllung“), i.e. either repair of the delivered product or delivery of a new product at consumer’s choice. If post performance fails twice, consumer may – on the second level – chose between a reasonable price reduction or cancel the contract. Additionally, consumer may claim damages if he has suffered such damages. 

All warranty rights mentioned beforehand only apply if consumer has used and applied our products rightfully and adequately.

 

For businessmen the following shall apply: In case our delivered good is defective, customer shall be entitled to the relevant legal rights according to the applicable law. Nonetheless, we shall have the right to choose either to remedy the defect of to deliver a new product on the first level of post performance („Nacherfüllung“). In case our post performance fails twice, on the second level customer shall have the right for a reasonable reduction of the purchase price; at the same time, the right of cancellation shall be excluded.  Customer may claim the aforementioned rights only if the defect is not caused by improper treatment or use of the delivered goods and – additionally – if customer has observed his obligation to check and make a complaint immediately after receipt of our goods according to the provisions of the Germany Commercial Code (Handelsgesetzbuch, HGB).

The warranty period shall be one year starting with the receipt of goods.

 

For consumers the following shall apply: We reserve the right of ownership until consumer has fully paid the delivered products.

 

For businessmen the following shall apply: We reserve the right of ownership of the delivered goods until businessman has settled all monies outstanding from our business relationship. We do neither accept checks nor bonds nor commercial paper.

The reservation of title shall be effective until we have received the relevant payment or the relevant payment has been credited on our bank account. Businessman shall maintain an adequate insurance for all risks for all of our goods delivered under reservation of title and being in businessman’s domain at businessman’s cost. Should businessman have any claims against any insurance company with respect to our goods, businessman hereby cedes all claims to us in advance; we accept such cession of rights.

Businessman may only sell the reserved goods in regular business dealings. Businessman may neither pawn them nor transfer them as security. Our reservation of title does not lapse if our goods should be mingled with other goods or sold to third parties. Businessman hereby cedes his claims with respect to the newly created goods to us; we accept such cession. Businessman has to notify us immediately of any access to the reserved goods by third parties. Businessman is required to protect our rights of reservation when reselling the purchased goods on credit and in particular to pass on the reservation of title to its customers.

Businessman hereby authorises us to uncover the reservation of title respectively the cession towards any third party and – additionally – to claim any rights based on the reservation of title or cession towards the relevant third party. Businessman shall pass on to us any information necessary for the enforcement of such rights.

If a registration should be necessary for ensuring our reservation of title in case of deliveries abroad, businessman shall support us in such registration to the best of businessman’s abilities and undertake all measures necessary if we ask businessman accordingly.  

 

In general, we are not liable for any damages resulting from customer’s improper use or treatment of our products.

 

Additionally, for consumers the following shall apply: We are liable for damages caused by our products in accordance with the legal requirements of the governing law, insofar as the consumer claims damage compensation based on our culpable behaviour (including that of our auxiliary staff and legal representatives) and – additionally – our behaviour results in damage to life, body or health.

Insofar as we (or our auxiliary staff or legal representatives) violate an essential contractual obligation – i.e. an obligation being vital for the performance under this contract – merely negligently, our damage compensation obligation is limited to the reasonably foreseeable and typically occurring damage. We do not accept any liability for slight negligent violation of contractual obligations, insofar as we do not violate obligations which are essential for the performance under this contract (“Kardinalpflichten”).

 

For businessmen the following shall apply: We accept liability in accordance with the legal requirements of the governing law, insofar as the businessman claims damage compensation based on our culpable behaviour (including that of our auxiliary staff and legal representatives) and – additionally – our behaviour results in damage of life, body or health.

We also accept liability for damages resulting from our or our auxiliary person’s or legal representative’s intentional or gross negligent violation of businessman’s objects or property.

Insofar as we (or our auxiliary staff or legal representatives) violate an essential contractual obligation – i.e. an obligation being vital for the performance under this contract – merely negligently, our damage compensation obligation is limited to the reasonably foreseeable and typically occurring damage. We do not accept any liability for slight negligent violation of contractual obligations, insofar as we do not violate obligations which are essential for the performance under this contract (“Kardinalpflichten”).

Any further liability, particularly on account of lost profit or other damages such as punitive or exemplary damage, shall explicitly be excluded unless we act with malice intent or gross negligence. Additionally, any claims based on tort („unerlaubter Handlung“) shall be excluded according to the rules laid down beforehand. Any claims arising from the German Product Liability Law (“Produkthaftungsgesetz”) remain unaffected by the aforementioned liability limitation.

 

Only for businessmen the following shall apply: If a businessman falls into arrears with the acceptance of the goods, we are entitled to store the goods at businessman’s cost and risk. If businessman does not take over the goods after an adequate period of grace, we are entitled to dispose of the stored goods and – additionally – to claim 20% of the original purchase price as minimum damages, unless businessman is able to prove that our actual damages is lower than 20% of the purchase price.

Any oral information about handling and application of our products, any technical advice or other similar information is made to the best of our knowledge at the same time excluding any liability or responsibility.

 

For businessmen the following shall apply: Place of performance for all deliveries and performances, including payment, shall be the domicile of Star-Minen-Werk GmbH.          

In the case of all disputes arising from this contractual relationship any action must be brought before the court that is competent for our domicile (currently DE-78467 Konstanz, Germany). In addition, we are also entitled to take the businessman to court at its domicile.

German substantive law shall apply. The UN-Convention on Contracts for the International Sale of Goods (“Vienna Convention of 1980”) shall be explicitly excluded.

 

For consumers the following shall apply: German substantive law shall be applicable if not prevailed by special consumer protection provisions valid at consumer’s domicile.

 

 

 

End of Instruction of Cancellation – Star-Minen-Werk GmbH