Terms and consumer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Irina Estis, at the moat 24c, 45891 Gelsenkirchen, Germany - hereinafter referred to as supplier - and the customer, which are closed on the website of the provider www.silberstars.de. Unless otherwise agreed, the inclusion of its own conditions of the customer are.
(2) Consumers according to the following rules is any natural person who enters into a transaction for a purpose that can be attributed neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership that in concluding a contract as part of their professional or commercial activity.
(3) Contract language is German. The full text of the contract is not stored in the provider. Before sending the order through the Online - shopping cart system, the contract data is printed using the print function of the browser or saved electronically. After receipt of the order with the supplier, the order data, the information required for distance contracts and the terms and conditions will be sent by email to the customer again.
In Requests, e.g. by phone, sent by email, fax, in writing or via an integrated on the website request form to the vendor, the customer receives all contract data in a binding offer by email sent, which the customer can print or save electronically.
§ 2 Subject matter
This Agreement governs the sale of goods. The details, in particular the essential characteristics of the goods found in the item description and additional information on the agency website.
§ 3 Conclusion of contract
(1) The product representations of the supplier on the Internet are non-binding and no binding offer to conclude a contract.
(2) The customer can a binding purchase offer (order) via the online - like the shopping cart system.
Here, the proposed purchase of goods are stored in the "basket". About the appropriate button in the navigation bar, the customer can call the "shopping cart" and then make changes at any time. Before submitting the order, the customer has the opportunity here to check all the details again to change (even using the "back" of the Internet browser) or cancel the purchase.
By submitting your order by clicking the "order to pay it", the customer makes a binding offer to the provider.
The customer will receive an upfront automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and the contract) either by confirmation in writing (eg email), in which the customer will be the processing of the order or delivery of goods or confirmed by delivering the goods. Should the customer within 5 days of an order confirmation or notice of the shipment or do not have good, he is no longer bound by his order. If necessary services already rendered will be immediately refunded in this case.
(4) requests the customer to purchase goods or for individual quotations outside Online - shopping cart system, for example, by phone, sent by email, fax, in writing or via an integrated on the website request form to the seller are not binding on the customer. The provider shall submit to the client for this purpose an offer in writing (eg by email), which the customer can accept within 5 days.
(5) The execution of the order and delivery of all in connection with the contract required information should be partially automated by email. The customer must ensure, therefore, that from him with the provider the email address is correct, the receiving of emails and ensured technically is not particularly inhibited by SPAM filters.
§ 4 Prices, Free Shipping
(1) References in the respective offer prices and the shipping costs are final They include all price components including all applicable taxes.
If the delivery takes place in the non-EU countries, additional duties, taxes or fees to be paid by the customer, but not. The seller but to the competent customs and tax authorities The customer is advised to check the details before placing your order with the customs and tax authorities.
(2) The shipping costs are not included in purchase price. You are on the page "Shipping and payment" callable, will be shown during the ordering process separately and are payable by the customer in addition, unless the shipping costs is confirmed.
(3) The customer receives an invoice including VAT.
§ 5 Payment and shipping conditions
(1) The terms of payment and shipping are available at the same button in the navigation.
(2) Where in the payment of our otherwise specified, the payment entitlements deriving from the contract are payable immediately.
(3) If a customer ordered product unexpectedly despite timely completion of an adequate coverage transaction from a the manufacturer for reasons beyond his available, the customer will be informed immediately about the unavailability and in case of resignation about already paid be refunded immediately.
(4) For consumers is regulated by law, that the risk of accidental loss and accidental deterioration of the goods during the shipment until the delivery of the goods to the customer goes, regardless of whether the shipment is insured or uninsured is.
For entrepreneurs, the delivery and dispatch takes place at its own risk.
§ 6 Return costs when exercising the right of withdrawal
In the event of the exercise of EU consumer law right of withdrawal for distance contracts is agreed that the customer has to bear the cost of return if the price returned the case of an amount not exceeding 40 euros or if at a higher price to the cause of customer has not yet paid the consideration or a contractually agreed partial payment at the time of the revocation, unless the goods are not as ordered. In all other cases, the operator bears the cost of the return.
§ 7 Retention, retention
(1) A lien, the client principal only if they are claims from the same contractual relationship.
(2) the goods until full payment of the purchase price, the seller.
(3) If the customer is a company, in addition the following:
a) The seller retains title to the goods until full payment of all claims from the current business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he now assigns all claims to the amount of the invoice amount, accruing to him from the resale, from accepting the assignment to the supplier. The customer continues to collect the payment. Insofar as it fails to meet its payment obligations, the provider reserves before, however, collect the claim itself.
c) and combination of the goods then the supplier ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider is obliged to release the securities he is entitled on request of the customer, the realizable value of the collateral of the provider exceeds the secured claims by more than 10%. The selection of the securities to be released is up to the provider.
§ 8 Warranty
(1) The statutory provisions.
(2) As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage or defects the seller and the carrier as fast as possible. If the customer is not the by, this does not affect the statutory warranty claims.
(3) If the customer is a business, by derogation from paragraph 1:
a) As a condition of the goods are only their own information by the provider and the manufacturer's product description as agreed but no other advertising, promotions and public statements by the manufacturer.
b) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods to the supplier in writing, the deadline extends the deadline. This also applies to hidden defects discovered later on discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects the supplier shall, at its option by repair or replacement. If the repair fails twice, the customer can demand either a reduction or withdraw from the contract. In case of repair, the provider must not take on the increased costs incurred by the shipment of the goods to a place other than the place where it is not in the intended use of the product complies.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to the seller attributable culpably caused damages from injury to life, limb or health and grossly negligently or intentionally caused damage or malice of the provider, as well as recourse pursuant to § § 478, 479 BGB.
§ 9 Liability
(1) The Supplier shall each fully for damages arising from injury to life, limb or health, for in all cases of intent and gross negligence, fraudulent concealment of a defect, has been guaranteed for the quality of the purchased goods, in case of damage the product liability law, and in all other cases established by law.
(2) If material contractual obligations are concerned, the liability of the provider for ordinary negligence to the typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach would compromise the achievement of its purposes and duties that the contract imposed on the provider to its content for purpose of the contract, which makes the proper execution of the contract would not be possible make and on which the customer can rely.
(3) When a violation of minor contractual obligations is excluded liability for slight negligence.
(4) The data communication over the internet, considering the current state of the art can not be guaranteed error free and / or available at all times. The provider is liable to the extent either for the continuous still uninterrupted availability of the Website and the offered service.
§ 10 Applicable law, place of performance and jurisdiction
(1) German law applies. For consumers, this choice of law only, provided such action afforded by mandatory provisions of the law of the country of habitual residence of the consumer protection is not withdrawn (favourability).
(2) performance for all services from existing business relationships with suppliers and jurisdiction is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The power, to the court of another jurisdiction remains unaffected.
(3) The provisions of the UN purchasing law specifically does not apply.