Terms Of Service
GTC
General Terms and Conditions of Delivery and Service of Star Distribution for the AMG-Werbemittel online shop, Otto-Lilienthal-Straße 5, 71034 Böblingen
1. Scope of Application
(1) These general terms and conditions of delivery and service apply to all contracts between Star Distribution GmbH and consumers in accordance with § 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) which are concluded with us via the www.amg-kalender.com internet portal and with entrepreneurs according to § 14 BGB, which are concluded with us via the www.amg-kalender.com internet portal. A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his/her commercial nor independent professional activities. An entrepreneur is any natural or legal person or joint partnership with legal capacity who exercises his/her commercial or independent professional activity by concluding a legal transaction.
(2) Our general terms and conditions of delivery and service shall apply in the version available at the time of the order. All contracts shall be subject to these terms and conditions, as well as any separate contractual agreements. Any terms and conditions of the buyer that deviate from, contradict, or go beyond these terms and conditions shall be incorporated into this contract neither by acceptance of the order nor by our failure to raise an objection.
(3) Our general terms and conditions of delivery and service include individual regulations that apply either only to entrepreneurs or only to consumers. Insofar as a regulation applies only to entrepreneurs or only to consumers, this will be clarified by an introductory sentence highlighted in bold print.
2. Contractual partner
(1) The following regulation in this clause 2 para. 1 applies only to consumers
The contractual partner of the buyer of the good/s shown and/or described under www.amg-kalender.com is:
Star Distribution GmbH, Otto-Lilienthal-Straße 5, 71034 Böblingen
Phone: + 49 (0)7031/ 6288-251
Fax: + 49(0)7031/ 6288-399
Email: amg-shop@star-cooperation.com, www.star-distribution.com
(2) The following regulation in this clause 2 para. 2 applies only to entrepreneurs
The contractual partner of the buyer of the good/s shown and/or described under www.amg-kalender.com is:
Star Distribution GmbH, Otto-Lilienthal-Straße 5, 71034 Böblingen
Phone: + 49 (0)7031/ 6288-251
Fax: + 49(0)7031/ 6288-399
Email: amg-shop@star-cooperation.com, www.star-distribution.com
3. Conclusion of the contract and consumer information
(1) The goods displayed on the websites of the online shops do not represent any binding offers for sale from us. They represent only a non-binding invitation for the orderer to submit a quote by way of ordering.
(2) Before clicking on the “Send order” button, the customer must declare his/her agreement with the validity of the general terms and conditions of delivery and service and acknowledge the cancellation policy - although this applies only to consumers - by putting a tick in the confirmation box.
(3) By sending a completed order form, the customer submits an offer to conclude a contract for the goods concerned. The system accepts the order. The customer receives an order confirmation generated automatically by the system at the email address entered by him/her. This confirmation is sent electronically, and is considered as acceptance of the offer.
(4) The text of the contract is retained by us for six months and you can view it in our online portal using your online access.
(5) You can identify and correct input errors before the final submission of an offer by checking the offer on a separate confirmation page.
(6) The language available for the conclusion of the contract is German.
(7) We are not subject to special codes of conduct that are not mentioned above.
(8) Please refer to the individual product descriptions on our website as well as the following clauses for the essential features of the goods presented by us and the validity period of limited special offers.
(9) The following regulation in this clause 3 para. 9 applies only to entrepreneurs
The minimum order value is EUR 100.
4. Purchase price, shipping costs
(1) The prices quoted by STAR DISTRIBUTION include value added tax.
(2) Shipping costs for standard shipping within Germany (as parcel or package) shall be borne by the buyer in accordance with the flat-rate shipping costs shown. If the buyer requests a different mode of shipment, then the buyer shall bear the additional shipping costs.
(3) Shipping costs, freight, cartage and, if applicable, customs duties and other expenses associated with the delivery to a delivery address outside of Germany, including the costs for the preparation of officially prescribed safety or conformity certificates shall be borne by the buyer.
5. Terms of payment
(1) The following regulation in this clause 5 para. 1 applies only to consumers
The customer can choose between the following payment methods: PayPal, VISA, MasterCard, American Express.
The following regulations in this clause 5 para. 2 - 6 apply only to entrepreneurs
(2) The claim of STAR DISTRIBUTION is due upon receipt of the invoice.
If the buyer makes a default in payment, then he/she must compensate STAR DISTRIBUTION for any damage caused by the delay. If the buyer is more than 14 days behind in payment of an amount that is due, then the entire sum of all outstanding debts shall become due for immediate payment. STAR DISTRIBUTION may then demand that the buyer pay the purchase price for further deliveries from all current orders before the goods are dispatched.
(3) The buyer shall not be entitled to make deductions without explicit agreement.
4) STAR DISTRIBUTION’s claims for compensation can only be offset against undisputed or legally established claims. This shall also apply to the exercising of a right of retention. In all other respects, the buyer shall only be entitled to exercise a right of retention provided that it is based upon the same contractual relationship.
(5) The assignment of claims against STAR DISTRIBUTION by the buyer is excluded.
(6) If there is a significant deterioration in the financial circumstances of the buyer which gives rise to doubts about the ability to pay, then we shall be entitled to terminate the contract or withhold our delivery and give the customer a reasonable period for making advance payments or providing securities. After expiry of this period, we are entitled to terminate the contract.
6. Delivery
(1) Our delivery commitment is subject to correct and timely delivery by our own suppliers, provided we had ordered goods from our sub-supplier in at least the amount ordered by the customer before concluding the contract with the customer and our sub-suppliers fail to perform accordingly without our fault. We shall inform the customer immediately in the event of non-availability of the goods and immediately reimburse the customer for any amounts that the customer has already paid.
(2) If operational disruptions occur at our premises or those of our vicarious agents which prevent us, through no fault of our own, from delivering the goods to the customer within the times specified in para. 1, then the delivery period shall be extended by the duration of the disruption to performance caused by these circumstances. The same applies in cases of force majeure. Insofar as such disruptions mean that we are unable to deliver the goods within two months after the start of the delivery period in accordance with para. 1 above, then the customer shall be entitled to withdraw from the contract. Legal rights of withdrawal remain unaffected.
(3) If the buyer is in default of acceptance or if shipment is delayed upon request of the buyer, then the buyer will be charged for the costs incurred for storing the shipment at STAR DISTRIBUTION or at the premises of a third party, beginning with the notification of readiness for shipment
(4) STAR DISTRIBUTION can refuse to fulfill the obligation to perform, if this necessitates expenditure, which, considering the content of the order and the precept of acting in good faith, is considerably at variance with the interests of the buyer in terms of performance. This is particularly the case if the failure or non-feasance to perform or manufacture does not or only insignificantly affect the buyer.
(6) The following regulation in this clause 6 para. 6 and 7 apply only to entrepreneurs
We are entitled to make partial deliveries if a contract has been concluded for the delivery of several articles and if it is possible and reasonable for the customer to use each of these individually according to their intended purpose according to the circumstances recognisable during the conclusion of the contract.
(7) If STAR DISTRIBUTION is obliged to make advance deliveries under the contract concluded, STAR DISTRIBUTION may refuse to perform its obligations if, after conclusion of the contract, it becomes apparent that STAR DISTRIBUTION’s claim to counter-performance is jeopardised by the buyer’s inability to pay. This is especially the case if the counter-performance to which STAR DISTRIBUTION is entitled is at risk due to the buyer’s poor financial circumstances or if there are threats of other impediments to performance, such as export or import bans, war events, insolvency of suppliers or absence of necessary employees due to illness.
7. Transfer of risk
The following regulation in this clause 7 apply only to entrepreneurs
The risk of accidental loss or accidental deterioration of the contractual item is transferred to the customer at the time the goods are handed over for dispatch, even in the case of partial deliveries, and at the point in time when the customer defaults on acceptance of deliveries or on payment. This shall apply even if the shipment is delayed or does not take place or the customer does not accept delivery due to circumstances beyond our control, from the date of notification of readiness to ship or readiness to accept delivery.
8. Retention of title
The following regulations in this clause 8 para. 1 - 6 apply only to entrepreneurs
(1) We retain ownership of the delivered goods until the payment of all claims resulting from the purchase contract concluded. The customer may neither pledge the delivered goods nor assign them as a security until such claims are paid in full. We must be informed immediately in case of pledges, seizures, or other dispositions by third parties. If the third party is not in a position to reimburse us for the court and extrajudicial costs of a lawsuit pursuant to article 771 of the Code of Civil Procedure (ZPO), then the customer is liable for the loss occurred to us.
(2) If, in addition to the claim due from the delivery order, there are other claims against the buyer at the time of delivery, STAR DISTRIBUTION shall retain title to the goods delivered by STAR DISTRIBUTION until all the above-mentioned claims have been settled (extended reservation).
(3) The retention of title is extended to all claims of the buyer, which the buyer acquires from the resale of the delivered goods. The claims are assigned to STAR DISTRIBUTION in the amount of the outstanding invoice amount (including Tust.) The buyer shall assign these future claims by way of security at the time they arise. STAR DISTRIBUTION shall accept this assignment. The buyer is entitled to goods subject to retention of title only on the condition that his/her purchase price claim is transferred to STAR DISTRIBUTION in accordance with the above provisions. The buyer is not entitled to other dispositions.
(4) The security interests of STAR DISTRIBUTION do not prevent the buyer from disposing of the items belonging to STAR DISTRIBUTION or the claims assigned to STAR DISTRIBUTION by way of security in the normal business operations. Normal business operations no longer exist if the buyer is in arrears with his payment obligations to STAR DISTRIBUTION one month after the occurrence of default, if payments are suspended or if an insolvency application is filed. In this case, at the request of STAR DISTRIBUTION, the buyer is obliged to inform his accepting representatives of the assignments, to refrain from collecting the claims and to allow collection by STAR DISTRIBUTION. Furthermore, at STAR DISTRIBUTION’s request, the buyer is obliged to provide STAR DISTRIBUTION with the addresses of his accepting representatives upon first demand.
(5) If normal business dealings cease, STAR DISTRIBUTION shall be entitled to take back the goods subject to retention of title at the expense of the buyer. In such revocation, the assertion of the retention of title as well as pledging the delivery item does not constitute a withdrawal from the contract to the extent permitted by law.
(6) At the request of the buyer, STAR DISTRIBUTION is obliged to release the securities to which STAR DISTRIBUTION is entitled in accordance with the above provisions at its discretion to the extent that the realisable value of the securities to which STAR DISTRIBUTION is entitled exceeds the claims to be secured by more than 10%.
9. Warranty
(1) The following regulations in this clause 9 para. 1 apply only to consumers
a) We request the customer, without having an existing legal right to do so, to notify us of any obvious damage to the packaging if the contents are damaged, to refuse acceptance and to inform us immediately of this incident. If the customer does not comply with this request from us, there will be no adverse consequences for him/her.
b) The warranty for material defects and defects of title shall be determined in accordance with statutory provisions, conditional upon clause 10 of these terms and conditions.
(2) The following regulations in this clause 9 para. 2 apply only to entrepreneurs
Subject to clause 10 of these terms and conditions, we guarantee new items against material defects and defects in title as follows, while excluding further claims:
a) Material defects
aa) If there is a material defect in goods being delivered due to circumstances existing on the date when risk transfers, we shall be obliged to repair or replace the goods, at our discretion. The parts replaced shall become our property and must be handed over to us by the customer without delay. Expenses for the purpose of repair or replacement, such as transportation, travel, work and material costs, shall be borne by us, as long as they are not higher due to the fact that the goods delivered have been transferred to a place other than the place of performance. Upon notification by us, the customer must provide us the opportunity and necessary time to make all repairs or replacements we deem necessary; otherwise, we shall be released from any liability for any consequences thereof. The customer shall have the right to remedy the defect himself/herself or to have third parties remedy the defect and to demand that we reimburse the necessary costs only in emergency situations where operational safety is in jeopardy or to prevent disproportionately large damages, in which case we must be notified immediately.
bb) Pursuant to article 377 of the German Commercial Code (HGB), the customer must inspect every shipment immediately after delivery and immediately notify us of any defect detected. Complaints of defects shall be considered only if they are raised in writing without delay no later than one week after receipt of the goods. The date of receipt of the complaint of defect shall be decisive in determining whether the deadline was met. Later complaints of defects shall be barred. The delivery shall then be deemed to have been accepted. This shall not apply to hidden defects, i.e., defects that are not obvious. The loss of the rights arising from product defects shall not take effect if a proper, immediate inspection for defects did not manage to discern the defect during the one-week time limit for lodging complaints of defects. If a complaint of defects is lodged, the customer may withhold only that proportion of the payments equal to the ratio of defective items to the entire shipment.
cc) If the subsequent delivery has failed or has been attempted twice unsuccessfully, then the customer has the right to reduce the purchase price in accordance with the statutory provisions or to withdraw from the contract.
dd) The warranty shall be invalid if a defect was caused by improper handling by the customer or a third party that was not approved by us, unless we are at fault. The same applies to natural wear and tear.
b) Defects in title
In the event of defects in title, the warranty shall be determined by statutory provisions.
c) Statute of limitation
For claims of defects, the limitation period is 1 year, calculated from the beginning of risk of transfer.
10. Compensation for damages for defects and other liability
(1) In case of a culpable violation of significant contractual obligations, we shall be liable in accordance with statutory provisions. Significant contractual obligations (cardinal obligations) are obligations whose fulfilment make the proper execution of the contract possible, the violation of which endangers achieving the purpose of the contract, and which the customer regularly trusts and should be able to trust.
If the customer makes a claim for compensation for damages instead of justifiably asserting the services, we shall be liable to the same extent.
(2) We shall also be liable in accordance with statutory provisions if the customer justifiably asserts claims for compensation for damages due to malicious intent or gross negligence by us or by our legal representatives or vicarious agents.
(3) We shall also be liable for damages arising from injury to life, body or health which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents. Our liability for fraudulently concealing defects or assuming a condition guarantee, as well as our mandatory liability under the Product Liability Act (Produkthaftungsgesetz), shall remain unaffected.
(4) To the extent our liability for compensatory damages is barred or restricted, this shall also apply to the personal liability for compensatory damages of our employees, representatives and vicarious agents.
(5) Where the above provisions do not stipulate otherwise, further claims of the customer for compensatory damages shall be barred. This also applies to claims for compensation due to fault in conclusion of a contract, other breaches of duty and tortious claims for compensation for damages to property pursuant to article 823 BGB.
(6) The following regulations in this clause 10 para. 6, 7 apply only to entrepreneurs
In the case of clauses 10 para. 1 and 2, our liability in case of slight or gross negligence is limited to typically occurring and foreseeable damages. The same applies in the case of clause 10 para 3 for non-negligent infringing activities.
All claims of the customer expire after 1 year. The statutory terms apply to intentional or malicious behaviour, as well as to claims in accordance with the Product Liability Act and for services in accordance with the statutory restrictions. The start of the statute of limitations shall be determined in accordance with statutory provisions.
(8) The following regulations in this clause 10 para. 8 apply only to consumers
In the case of clause 10 para. 1 and 2, our liability shall be limited in cases of slight negligence to typically occurring and foreseeable damages.
The statute of limitations shall be determined based on statutory provisions.
11. Cancellation policy
The following regulations in this clause 11 apply only to consumers
1. Right of cancellation
(A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his/her commercial nor independent professional activities.)
You have the right to cancel this contract within fourteen days without providing grounds. The cancellation period shall be fourteen days from the day on which you or a third party/parties named by you who is not the carrier took possession of the goods.
In order to exercise your right of cancellation, you must contact: STAR DISTRIBUTION GMBH, Otto-Lilienthal-Staße 5, 71034 Böblingen, Tel.: +49 (0)73031/ 6288-251, Fax: +49 (0)7031/ 6288-399, Email: amg-shop@star-cooperation.com,
with a clear declaration (e.g. a letter sent by post, via fax, or email) of your decision to cancel this contract. For that, you may use the attached sample cancellation form, although this is not required. You can fill out the sample cancellation form and send it to us. If you use this option, we will immediately send you (e.g. via e-mail) a confirmation of our receipt of this cancellation.
To ensure the cancellation deadline, you only need to send in the notification that you are exercising your right of cancellation before the end of the cancellation period.
2. Consequences of cancellation
If you cancel this contract, we must immediately repay you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your selection of a delivery type besides our inexpensive standard delivery), and at the latest within fourteen days from the day upon which we receive the notification of your cancellation of this contract. We use the same payment method to provide return payment that you used during your original transaction, unless we have expressly agreed upon otherwise; we never charge fees to process this repayment. We can refuse to repay until we have received the returned goods, or until you have provided proof that you have sent back the goods, whichever comes first.
You must return the goods to us or hand them over to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This period shall be deemed fulfilled if you send the goods before the expiration of the period of fourteen days. You shall bear the direct costs for returning your goods.
You are only responsible for any loss in value for your goods if this loss in value is due to some action of yours not serving the purpose of inspecting the characteristics, features, and functions of the goods.
3. Exclusion or premature expiration of the right of cancellation
The right of cancellation will not exist in case of contracts
for the delivery of goods that are not prefabricated and for which the consumer must make individual selections or determinations, or which are clearly customised to the personal needs of the consumer
for the delivery of goods that can perish quickly or whose expiry date would be quickly exceeded.
for the delivery of alcoholic beverages, the price of which was agreed upon during the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;
for the delivery of newspapers, periodicals or magazines, excluding subscription contracts
The right of cancellation expires prematurely in case of contracts
for the delivery of sealed goods that cannot be returned for reasons of health or hygiene if their seal was removed after delivery;
for the delivery of goods if these have been mixed inseparably with other goods after the delivery due to their characteristics;
for the delivery of sound recordings or re-recordings or computer software in a sealed package if the seal has been removed after delivery.
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Sample Cancellation Form
If you want to cancel the contract, please fill out this form and send it back.
Star Distribution GmbH, Otto-Lilienthal-Str. 5, 71034 Böblingen
Fax: +49 (0)70 31/62 88-3 99, Email address: amg-shop@star-cooperation.com
I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*)/ the provision of the following service (*)
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ordered on (*)/ received on (*):
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Name of the consumer(s):
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Address of the consumer(s):
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Signature of the consumer(s) (only for communication on paper)
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Date:
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(*) Strike out non-applicable information.__________________________________________________________________________
12. Data protection
We comply with the statutory regulations for the data protection. Further information can be accessed via a corresponding button on our website.
13. Severability, jurisdiction agreement, final clauses
(1) If for any reason, any provision in these terms and conditions should in general or in an individual case be or become invalid, then this shall not affect the validity of the remaining provisions of these terms and conditions. In this case, the dispositive law shall apply. If and to the extent dispositive law does not cover any regulation for this particular type of contract or provides no alternative solution for the general terms and conditions clause deemed invalid, then the parties shall replace the invalid provision or the provision which has become invalid with a provision that comes as close as possible to achieving the parties’ originally intended economic purpose whilst being legally valid.
(2) In commercial transactions with business customers, legal entities under public law or public-law trusts, or if the customer has no general place of jurisdiction in the Federal Republic of Germany or transfers a place of jurisdiction abroad, the place of performance and place of jurisdiction for all rights and obligations from and in connection with the contractual relationship shall be our registered office. However, we are also entitled to bring legal action against the customer at the place of his/her head office.
(3) In commercial transactions with business customers, legal entities under public law or public-law trusts, or if the customer has no general place of jurisdiction in the Federal Republic of Germany or transfers a place of jurisdiction abroad, the place of performance and place of jurisdiction for all rights and obligations from and in connection with the contractual relationship shall be our registered office. However, we are also entitled to bring legal action against the customer at the place of his/her head office.