Terms and Conditions
A. General Terms and Conditions
- Conclusion of contract
- Granting a right of return
- Prices and payment terms
- Delivery and shipping terms
- Reservation of title, compensation, right of retention
- Liability for defects
- Applicable Law
B. Customer information
- Information regarding the identity of the seller
- Information about the essential characteristics of the goods or services
- Information about conclusion of the contract
- Information about payment and delivery
- Information about the technical steps that led to the conclusion of the contract
- Information about storage of a contract
- Information about the technical means to identify and correct a data entry error
- Information about the possible languages available for contract conclusion
A. Terms and Conditions
The General Terms and conditions of "INSTAR Germany GmbH" (hereinafter "Seller"), apply to all contracts entered into by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding to the sellers online store represented goods and/or services. Herewith the inclusion of the customer’s own terms and conditions is rejected, unless when something else has been agreed upon.
1.2 Consumers within the meaning of these General Terms and Conditions are all natural persons, who enter into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. An entrepreneur in the context of these Terms and Conditions is any natural person or legal entity, or company with legal personality, which carries out commercial or self-employed occupational activity on entering into a legal transaction.
2 Conclusion of the contract
2.1 The products shown in the online shop of the vendor do not represent binding offer of the vendor but serve only for the purpose of the submission of a contractually binding offer by the customer.
2.2 The customer can submit the offer per telephone call, in writing, per fax, per e-mail or by using the online order form integrated in the online shop of the seller. In case of an order via the online order form, after having entered his personal data and by means of clicking the button "complete order" in the final step of the ordering process, the customer submits a legally binding offer of contract with regard to the goods contained in the shopping cart.
2.3 The seller may accept the offer made by the customer in writing (letter) or electronically transmitted (fax or e-mail) confirmation or by delivery of the goods within five days. The seller is entitled to refuse to accept the order.
2.4 The processing of the order and establishing contact take place per e-mail and automated order processing. The customer has to make sure, that the email address, which he has stated for the buying transaction is correct and suitable to receive the emails from the seller. Particularly, it is the customer's responsibility to ensure that the use of SPAM filters does not hinder the delivery of e-mails related to order processing that are sent by the seller or authorized third parties.
3 Granting a right of return
If the customer acts as a consumer, he gets instead the right of revocation a granted unconditional right of return. The customer can find details of the right of return in the return policy.
4 Prices and Payment options
4.1 The prices quoted by the Seller are final prices and include the legal German VAT. Any eventual additional delivery and shipping costs are provided separately in the offer in the respective product presentation.
4.2 For deliveries within Germany we offer the following forms of payment, insofar as no other conditions are specified in the product presentation of the offer: • Prepayment via o Bank transfer o Credit card (Visa, MasterCard, American Express) o PayPal Moneybookers • Cash on delivery • Supplies against invoice • Cash payment on collection
4.3 For deliveries abroad we offer the following forms of payment, insofar as no other conditions are specified in the product presentation of the offer: • Prepayment via o Bank transfer o Credit card (Visa, MasterCard, American Express) o PayPal Moneybookers • Cash on delivery • Supplies against invoice • Cash payment on collection In the case of deliveries to countries outside of the European Union, additional costs incurred by the Seller is not responsible for and shall be borne by the customer. These costs include for example the transfer of funds through financial institutions (e.g. bank transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties).
4.4 In case prepayment is agreed upon, such payment shall be due immediately after conclusion of contract.
4.5 In case of the payment method delivery on invoice the purchase price is due after the merchandise has been delivered and invoiced. The purchase price shall be due within 10 days of receipt of invoice without any deductions unless otherwise agreed. In this case the seller is authorized to transmit the customer's data to the SCHUFA Holding AG for the purpose of credit. The Seller reserves the right to charge depending on the outcome of the credit check of the customer to refuse supplies against invoice on account.
4.6 In case of the payment option credit card the credit card account of the customer will be debited immediately upon acceptance by the seller pursuant to Section 2.3 of the terms and conditions of the seller (see above).
4.7 In case the product is collected through the customer, the seller first informs the customer per e-mail that the product ordered by the customer is ready for collection. After the buyer has received this e-mail, he can collect the product after consultation with the seller. In this case, no shipping costs will be charged.
5 Delivery and shipping terms
5.1 The merchandises are delivered regularly by the shipment route and to the delivery address specified by the customer. The delivery address indicated in the seller's purchasing process is decisive for the processing of the transaction. Except for the case when the PayPal payment method has been selected - then the delivery address provided by the customer to PayPal is applicable.
5.2 If the shipping company sends the product back to the seller, because a delivery to the customer was not possible, the customer bears the costs of the unsuccessful delivery. This does not apply if the customer refuses the acceptance, if he executes the right of return, if he is not responsible for the factor that has led to the impossibility of delivery, or if he was temporarily prevented from the acceptance of the tender, unless the vendor provided the information at a reasonable time before delivery.
5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall pass to the customer upon handing over of the goods to the customer or to an authorized recipient. Is the customer as an entrepreneur, the risk of incidental destruction and incidental worsening regarding mail order purchases is passed on to an appropriate transport person with the delivery of the merchandise to the business location of the seller.
5.4 The seller reserves the right of incorrect self-delivery or partial selfdelivery to rescind the contract. This shall apply to cases only where nondelivery is beyond the Company's control and concluded with all due care for a specific covering transaction with the supplier. The Seller shall take all reasonable measures to obtain the merchandise. We shall inform the customer immediately in case the required goods are unavailable or only partially available and shall immediately refund payments made by the customer for the ordered products.
6 Retention of title, compensation, right of retention
6.1 For consumers, the seller retains until full payment of the purchase price and owed the title to the goods delivered.
6.2 With regard to companies, the seller reserves until full settlement of all claims arising from an ongoing business relationship with the ownership of the goods delivered.
6.3 The customer can exercise a right of retention only when the claim is related to the same contractual relationship. 7 Liability for defects If there is a defect in the purchased goods, the legal regulations are applicable. This does not apply to items that have been used for a building structure commensurate with their normal use and have caused defects therein:
7.1 For Entrepreneurs - a minor defect does not represent claims for defects. - the seller has the choice of the kind of supplementary performance. - for new goods is the statute of limitations for one year from the transfer of risk. - rights and claims due to defects are fundamentally excluded for used merchandise. - the limitation does not begin again if a replacement is effected in line with the liability for defects.
7.2 For consumers, the limitation period for claims of defects - two years for new merchandise from delivery of the merchandise to the customer. - one year for used merchandise from the delivery of the merchandise to the customer with the limitation of 7.3.
7.3 For entrepreneurs and consumers is that the foregoing limitation of liability and limitations relating to Section 7.1 and Section 7.2 does not cover damages and reimbursement of expenses that can make the buyer is entitled under the law because of defects in accordance with article 8.
7.4 In addition, it is valid for entrepreneurs that the statutory periods of limitation for the right to recourse according to Article 478 of the BGB unaffected. The same applies for entrepreneurs and consumers for an intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts a merchant in the sense of § 1 HGB the duty of commercial inquiry and reprimand according to § 377 HGB is applied to him or her. If the customer neglects the obligations to give notice specified there, the goods are considered approved.
7.6 If the customer acts as a consumer, he is asked to reclaim goods delivered with obvious damages to the deliverer and to inform the seller accordingly. If the customer fails to comply, this will not affect its legal or contractual warranty claims.
7.7 If the supplementary performance has been carried out by a compensation delivery the customer is obliged to return the previously delivered products within 30 days at our expanses. The return of defective merchandise has to be done according to legal regulation.
8.1 The vendor is liable for every legal reason without limitation in case of the violation of the life, the body or the health or due to gross negligence, fraudulent intent and promises of guarantee and if the liability according to binding statutory law, such as the law for product liability.
8.2 In addition, the seller is liable for whatever legal reason as follows:
8.2.1 If the seller has negligently violated a contractual obligation (cardinal obligation), he is liable to pay for damages limited to the foreseeable, typically occurring average damage. Fundamental contractual obligations are, imposed thru the contract and its content for the seller to achieve the purpose of the contract, allowing the proper execution of the contract in the first place, and which the customer can trust.
8.2.2 Insofar as the Seller has violated negligently a non-essential contractual obligation, the duty of replacement is limited to the value of the order.
9 Applicable Law
9.1 All legal relationships of the Parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods. The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains its customary resident, is not withdrawn.
9.2 If the customer is a merchant, a legal person under public law or a special public asset, the sole place of jurisdiction for any disputes arising from this contract shall be the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or if neither residence nor general location of habitation is known at the time of the filling of the lawsuit. The capacity to appeal to another court of jurisdiction remains thereby unaffected
9.3 Contract language is German.
B. Customer Information
1 Information regarding the identity of the seller
INSTAR Deutschland GmbH
Auf der Hostert 17
65510 Hünstetten Bechtheim
Phone.: +49 69 5960 6997
Manager: Aaron Riber
Register court: Amtsgericht Wiesbaden
Registration number: HRB 25482
Sales tax identification number according to § 27 a VAT Act: DE275601850
Business identification number according to § 139 c tax code: 04023630739
2 Information about the essential characteristics of the goods or services
The essential characteristics of the goods or services are obtained from the product description provided by the seller.
3 Information about conclusion of the contract
The conclusion of the contract is carried out according to number 2 of the general terms and conditions of the seller (see above).
4 Information about payment and delivery
The payment is carried out according to number 4, the delivery according to number 5 of the general germs and Conditions of the seller (see above).
5 Information about the technical steps that led to the conclusion of the contract
The closing of the contract is effected by offer and acceptance.
5.1 If the customer uses for his order the online order form of the Seller, he submits his offer as follows:
5.1.1 On the site for the offer of the merchandise of the seller the customer clicks in the first step on the button "add to shopping cart". Then a new site is opened which shows the content of the shopping cart.
5.1.2 Now the customer, after having added other items in the virtual shopping cart clicks in the second step on the "checkout" button. If the customer is not registered or logged in, a new site is opened. In this intermediate step, the Customer must register and open an account, register for a guest order, or login if they are already registered as a customer. If the customer is already registered the customer fills out the field “your e-mail address” and “password” and then clicks on the 'register' button to confirm the entry. If the customer isn’t registered yet he must click on the button “register now”. Then the customer chooses if he would like to open a customer account ("New Customer") or place an order as a visitor ("Visitor Order"). Finally the customer fills out the form and clicks on the button “continue”. Another page opens that displays the billing address, shipping address and allows the customer to edit an address or to add additional addresses.
5.1.3 In the third step the customer clicks directly or after editing or adding addresses on the "continue" button.
5.1.4 A new site is opened on which the customer can choose the desired payment option in a fourth step by clicking on the “continue” button.
5.1.5 In the fifth step, the customer clicks on the button “continue” and a new page will open, which summarizes the order information.
5.1.6 In the sixth step, the Customer must then check off the boxes " I accept the general terms and delivery conditions " and " I have read the withdrawal policy.
5.1.7 In the seventh step, the customer clicks the button "submit Order".
5.2 The acceptance by the seller is carried out according to number 2.3, of the general terms and conditions of the seller (see above).
6 Information on storage of contract
The contractual text will be stored by the seller and sent to the customer after the posting of his order in addition to the available General Terms and Conditions and customer information in the form of text (for example letter, email or fax). In addition, the contract text is archived on the Seller's webpage and can be recalled for free by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller's online shop before his/her order.
7 Information about the technical means to identify and correct a data entry error
Before the binding placement of an order the customer can correct his entries permanently by the usual keyboard and mouse functions. In addition, all details will be shown once more in a confirmation window, and may also be corrected there by using the normal mouse or keyboard functions.
8 Information about the contract for the available languages
The German language is exclusively available for the conclusion of the contract.