General terms and conditions of business

for the online shop at the URL

https://juststars.eu/

operated by

justStars GmbH
Pannierstr. 19
12047 Berlin
E-mail: [email protected]
Telephone number: + 49 (0) 30 8733 3236

– hereinafter: Provider –

 

1. Scope

These General Terms and Conditions (GTC) apply after their inclusion for all contracts concluded for the purchase of goods, services or other goods (hereinafter "goods") in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of contract

2.1 The offers in the online shop represent a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods(s) is made via the provider's online order form. After selecting the desired goods(s), entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By placing the order, the customer makes a binding contractual offer to purchase the selected goods(s). The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or when the provider delivers the ordered goods and these goods are received by the customer, or when the customer requests payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; the decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half of the sentence occurs for the first time.

2.3 Before submitting the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The provider will save the contract text after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text available beyond this. If the purchase was made via a customer account in the online shop, the customer can view his orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German, English

3. Right of withdrawal for consumers

Consumers generally have a right of cancellation for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Details can be found in the cancellation policy, which is made available to every consumer immediately before the contract is concluded at the latest.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include VAT plus any shipping costs listed. The customer is informed about the available payment options in the provider's online shop.

4.2 If payment via “PayPal” is agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of title

The purchased goods remain the property of the provider until the purchase price has been paid in full.

6. Delivery and reservation of self-supply

6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

6.2 Self-collection of the purchased goods is excluded.

6.3 If the provider is unable to deliver the ordered goods because he himself was not supplied through no fault of his own, despite having concluded a congruent hedging transaction with a reliable supplier in good time, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be reimbursed to him immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 The provider is liable without limitation:

  • for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
  • for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
  • due to a guarantee promise, unless otherwise agreed;
  • due to mandatory liability (e.g. under the Product Liability Act)

8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the previous paragraph. Material contractual obligations are obligations that the contract imposes on the provider in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, the liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.

9. Data Protection

The provider treats its customers' personal data confidentially and in accordance with the statutory data protection regulations. For more information, please see the provider's privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in a consumer habitually resident in the EU being deprived of mandatory legal provisions of the law of his or her country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office is responsible, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these General Terms and Conditions.

10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

11. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these Terms and Conditions.