Terms and Conditions
General Terms and Conditions for purchases in the Sterntaler GmbH online shop
§ 1 General, scope of the GTC
1.1 All deliveries and services are made exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") valid at the time of the order. Unless expressly agreed otherwise in writing, deviating terms and conditions do not apply.
1.2 Contract partner is Sterntaler GmbH, Werkstraße 6-8, D-65599 Dornburg-Dorndorf, Phone: +49 (0) 6436-509-0, Fax: +49 (0) 6436-2000, Email: service@sterntaler.com, Managing Director: Arend Kreitz, AG Limburg HRB 4234, VAT ID No.: DE 258 850 835 (hereinafter "seller").
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter "customer"). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for purposes that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or legally capable partnerships who act in the exercise of their commercial or independent professional activity when concluding the contract with the seller.
§ 2 Conclusion of contract, formation of the contract
2.1 1. The websites of Sterntaler GmbH are merely a sales brochure. By displaying the products on the websites, Sterntaler GmbH only invites customers to submit offers (orders). The order confirmation sent by email does not yet constitute a purchase contract.
2.2 A purchase contract is only concluded with the dispatch of our order confirmation, which we send to you by email immediately after receiving your order or at the latest with the delivery of the goods, which then represents the acceptance of the declaration by Sterntaler GmbH.
2.3 When ordering through our online shop, the ordering process consists of a total of 4
steps. In the first step, select the desired goods. In the second step, enter
your customer data including billing address and, if applicable, different
delivery address. In the third step, you choose how you want to pay. In the final
At this step, you have the opportunity to review all details (e.g., name, address,
to review and, if necessary, correct the payment method, ordered items) once again before
Submit your order to us by clicking on "Pay now".
§ 3 Storage of the contract text
We store your order and the entered order data. We will send you an order confirmation by email with all order details. Once the goods have been shipped to you, you will receive an order and shipping confirmation by email with all information for tracking the shipment. Finally, if you have created a customer account, you can access your orders at any time through your account.
§ 4 Right of withdrawal for consumers
The following right of withdrawal applies only to consumers:
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, takes possession of the goods.
IMPORTANT: Returned goods must be unworn, unwashed
and returned to us with the original labels attached.
To exercise your right of withdrawal, you must inform us (Sterntaler GmbH, Werkstrasse 6-8, D-65599 Dornburg-Dorndorf, Phone: +49 (0) 6436-509-0, Fax: +49 (0) 6436-2000, Email: service@sterntaler.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day we receive your notice of withdrawal from this contract. We will use the same payment method you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods if the return is from France, Spain, the Netherlands, or Italy.
For returns from Germany and Austria, we cover the return shipping costs.
You are only liable for any loss in value of the goods if this loss in value is due to handling the goods beyond what is necessary to check their condition, properties, and functioning.
The right of withdrawal does not apply if the seal has been removed after delivery.
§ 5 Sample Revocation Form
(If you want to revoke the contract, please fill out this form and send it back.)
To
Sterntaler GmbH
Werkstrasse 6-8
D-65599 Dornburg-Dorndorf
Fax: +49 (0) 6436-2000
E-mail: service@sterntaler.com
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 for notifications on paper)
Date
(*) Delete if not applicable.
§ 6 Gifts
Gifts that the customer receives as part of special promotions with their order from a certain purchase value must be returned if the order is returned in whole or in part by the customer and the required merchandise value is thereby not met. If the customer does not return the gift, although the non-returned part of the order no longer meets the merchandise value required for the gift or the order has been fully returned, the gift will be charged to them..
§ 7 Prices and Shipping Costs
All prices include the statutory VAT plus shipping costs. You can find the amount of the shipping costs on our website Delivery and Shipping. We ship with DHL or another provider of our choice.
§ 8 Shipping Information
8.1 We only deliver within Germany, Austria, as well as to France, Spain, the Netherlands, and Italy.
8.2 All offered items are, unless clearly stated otherwise in the product description, ready for immediate shipment with the delivery times specified under Delivery and Shipping, calculated from the time you send your order to us.
8.3 Costs for any chosen express shipping will not be refunded for returns.
§ 9 Payment Methods
9.1 Payment Methods
Payment can be made optionally by credit card, Klarna invoice, Riverty invoice, Paypal, Apple Pay, or Google Pay. We reserve the right to exclude individual payment methods.
9.2 Payment by Credit Card
We accept the following credit cards: MasterCard, Visa, and American Express. When paying by credit card, your account will be charged upon delivery of the goods.
9.3 Payment via Paypal
When paying via Paypal, you will be redirected from the ordering process to the payment company's website and make the payment there yourself.
9.4 Purchase on Invoice
When purchasing on invoice, the invoice amount is due for payment to our external partners Klarna Bank AB (publ) or Riverty on the calendar day specified in the invoice (30 calendar days after the invoice date). The payment method purchase on invoice is not available for all offers and requires, among other things, a successful credit check by Klarna Bank AB (publ) or Riverty. If the customer is allowed to purchase on invoice for certain offers after credit check, the payment processing is carried out in cooperation with Klarna Bank AB (publ) or Riverty, to whom we assign our payment claim. In this case, the customer can only make payment to Klarna Bank AB (publ) or Riverty with discharging effect. We remain responsible for general customer inquiries (e.g., about the goods, delivery time, shipping), returns, complaints, withdrawal declarations and submissions, or credit notes even when purchasing on invoice via Klarna or Riverty. The General Terms and Conditions of Klarna Bank AB (publ) or Riverty apply.
9.5 Apple Pay
When paying via Apple Pay, you can pay with the debit or credit cards stored in your iCloud account.
9.6 Google Pay
When paying via Google Pay, you can pay with the debit or credit cards stored in your Google account.
§ 10 Warranty
10.1 If you are a consumer and place the order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty is provided according to the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies:
10.2.1 Delivered goods must be inspected by the customer immediately after delivery, as far as is reasonable in proper business practice. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods are considered approved unless the defect was not detectable during the inspection. If such a defect becomes apparent later, notification must be made immediately after discovery; otherwise, the goods are also considered approved with regard to this defect. § 377 HGB remains unaffected. The customer is not exempt from the duty to inspect even in the case of recourse by the entrepreneur under § 478 BGB. If the customer does not immediately notify the defect claimed by their buyer in such cases, the goods are also considered approved with regard to this defect.
10.2.2 If a defect exists, we are entitled, taking into account the nature of the defect and the legitimate interests of the customer, to determine the type of supplementary performance. For these contracts, supplementary performance is considered to have failed after the third unsuccessful attempt. This clause does not apply in the case of recourse under § 478 BGB.
10.2.3 In the case of supplementary performance for defects, we are only obliged to bear the necessary expenses, especially transport, travel, labor, and material costs, insofar as these do not increase because the item was moved to a location other than the customer's registered office or commercial branch to which it was delivered. This clause does not apply in the case of recourse under § 478 BGB.
10.2.4 The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse under § 478 BGB, nor in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. It also does not apply to claims for damages due to injury to life, body, or health or due to grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 11 Liability for Damages and Reimbursement of Expenses
11.1 If you are a consumer and place the order with us for a purpose that cannot be attributed to your commercial or professional activity, we are liable for damages according to the statutory provisions.
11.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages according to clauses 10.2.1 to 10.2.4:
11.2.1 If the claims are based on intentional breach of duty by us, our representatives, or our vicarious agents, we are liable for damages according to statutory provisions. If the claims are based on grossly negligent breach of duty by us or our representatives or vicarious agents, liability is limited to the foreseeable, typically occurring damage.
11.2.2 If we or our representatives or vicarious agents culpably breach a duty whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the contract's purpose, and on whose compliance the customer regularly relies—and no case of liability under statutory provisions applies—liability is limited to the foreseeable, typically occurring damage.
11.2.3 Unless otherwise specified under clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies if recourse claims are made against us as suppliers pursuant to § 478 BGB.
11.3 The exclusions and limitations of liability under clause 10.2 also apply to other claims, in particular tort claims or claims for reimbursement of futile expenses instead of performance.
11.4 The exclusions and limitations of liability under clause 10.2 do not apply to any existing claims under §§ 1, 4 of the Product Liability Act or due to culpable injury to life, body, or health. They also do not apply if we have provided a guarantee for the condition of our goods, a performance success, or a procurement risk, and the guarantee case has occurred or the procurement risk has materialized.
11.5 We are only liable for assuming a procurement risk if we have expressly assumed the procurement risk in writing.
11.6 Unless the limitation of liability according to clause 10.2 applies to claims under producer liability pursuant to § 823 BGB, our liability is limited to the compensation provided by the insurance. If this does not occur or does not fully occur, we are liable up to the amount of the coverage sum. This clause does not apply in cases of culpable injury to life, body, or health.
11.7 To the extent our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.
11.8 A reversal of the burden of proof is not associated with the above regulations.
§ 12 Customer service
If you have questions, complaints, or claims, please contact us. You can reach us Monday - Thursday between 08:00 - 16:00 and Fridays from 08:00 - 13:00 at the phone number +49 (0) 6436-509-0 or by email at
service@sterntaler.com.
§ 13 Legal system, place of jurisdiction
13.1 German law applies excluding the UN Sales Convention.
13.2 For customers who conclude the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has their habitual residence.
13.3 For all disputes arising from the contractual relationship, if the purchaser is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the location of our company in Dornburg-Dorndorf.
§ 14 Miscellaneous
14.1 The contract language is German.
14.2 If one or more provisions of these Terms and Conditions are invalid, the contract remains otherwise valid. To the extent the provisions are invalid, the content of the contract is governed by statutory regulations.
14.3 § 13 Retention of title
The delivered goods remain the property of Sterntaler until full payment is made.
GmbH.
§ 15 Data protection
The personal data of the customer, which Sterntaler GmbH receives in the context of a
business relationship becomes known, is stored and used for the purpose of
Order processing, if applicable, passed on to affiliated companies. All data is
of course treated confidentially. The data is handled by us according to the applicable
Data protection provisions of Sterntaler GmbH collected, stored, and used.
These data provisions are [hier] available in printable form.
§ 16 Online dispute resolution and consumer arbitration
- Online dispute resolution according to Art. 14 para. 1 ODR Regulation:
The European Commission provides a platform for online dispute resolution (ODR),
which you can find at http://ec.europa.eu/consumers/odr/.
- The company Sterntaler is generally neither willing nor obliged to participate in
Dispute resolution procedure before a consumer arbitration board within the scope of the VSBG
to participate.
Status: 25.10.2023
