Via the website Starling, the seller offers symbolic star ownership in the form of certificates. The following general terms and conditions of business shall apply to the business relationship between the seller and the customer.
Natural persons who conclude a contract for a purpose which can be regarded as being outside his or her trade or profession shall be deemed to be consumers within the meaning of these terms and conditions of business. Natural or legal persons or partnerships having legal capacity which conclude a contract while acting in the course of their trade or profession shall be deemed to be business persons within the meaning of these terms and conditions of business. Both consumers and business persons shall be deemed to be Customers within the meaning of these terms and conditions of business.
Individual contractual agreements shall take priority over these general terms and conditions of business. Differing, conflicting or supplementary general terms and conditions shall not form part of the contract, unless express agreement is given to their application.
The general terms and conditions of business in the version applicable at the time of conclusion of the contract shall apply.
This text shall be governed by and construed in accordance with the laws of Germany. It shall be executed in both the German and the English language. In the event of any inconsistency between the German and the English version the German version shall prevail.
The "star naming" as carried out by the Seller will be registered in a privately-operated star registry. There will not be an official naming; the "symbolic star name" given via the "star naming" will not be entered in an scientific star map or catalogue. The Customer shall not acquire any rights whatsoever in a star or its official name or designation. The Seller provides symbolic names (the name of the star) to certain stars, which are selected by the Customer.
The same stars may be named on multiple occasions by the seller, as a comparison of data with other sellers of "star names" is ruled out. The seller reserves the right to name stars on multiple occasions. The seller does not give any guarantee that a certain star has not been "named" already by another seller or that it will not be "named" in the future. Consequently, the possibility that a star may be "symbolically named" by several occasions by different name-a-star sellers must be taken into consideration.
The rendered performance which the customer purchases via his or her order shall be printed matter consisting of multiple pages and an enclosing folder.
§3 Formation of Contract
The offers of the Seller are subject to change and are not binding. The ordered goods may deviate slightly from the goods displayed on the internet due to technical display reasons; in particular, there may be deviations in colour.
The customer's order shall be made via the online form. The customer's order shall be a binding offer to form a sale contract for the ordered good(s). The seller shall confirm receipt of the customer's order by email as quickly as possible. Confirmation of receipt shall not constitute binding acceptance of the order. The sales contract shall not be formed by the order confirmation, but only upon sending of confirmation of shipment or delivery of the goods
The seller shall be entitled to accept the offer to contract constituted by the order within five working days. Should the seller deliver the goods within this period, this shall be equivalent to acceptance. The seller shall be entitled to refuse to accept the order, for instance upon reviewing the credit-worthiness of the customer.
§4 Reservation of Title and Withdrawal
The seller shall retain property in the goods until full payment of the purchase price.
In the event of breach of contract on the part of the customer, in particular default in payment, or in the event of false information given by the customer in respect of his credit-worthiness, or if court arrangement proceedings or insolvency proceedings are opened against the assets of the customer, the seller shall be entitled to withdraw from the contract and demand the return of the goods.
The stated price shall be binding. Statutory value-added tax is included in the price.
Shipping costs are payable in addition to the product costs. Express reference is made to such additional costs during the purchase procedure..
In the event of purchase on account, the Customer shall be obliged to pay the full price within 14 days.
§6 Payment Options and Shipping Costs
The customer may pay the price by credit card, bank transfer, Sofort payment or PayPal. The seller reserves the right to exclude individual forms of payment.
Payment of the purchase price shall become due immediately upon formation of contract. Shipment shall be carried out only when the invoice amount is fully transferred to the bank account of the seller.
We deliver to the EU, Switzerland and Norway.
§8 Transfer of Risk
The delivery of goods shall be at the risk of the buyer.
The goods delivered may deviate slightly from the goods displayed on the internet. Please make note of § 3 no. 1 sentence 2 of these general terms and conditions of business.
The seller does not undertake any warranty in a legal sense as towards the customer.
§10 Limitation of Liability
The seller shall not be liable for breaches of obligations due to simple negligence, provided such breaches do not relate to material contractual obligations or guarantees or do not cause injury to life, body or health or do not establish claims under the German Product Liability Act. Material contractual obligations shall be obligations the performance of which is necessary for reaching the goal of the contract.
Insofar as the seller is also liable for simple negligence, liability shall be restricted to foreseeable damage which is typical of the contract.
Insofar as the liability of the seller is excluded or limited, such exclusion or limitation shall also apply to the liability of legal representatives, employees and agents of the seller.
The seller shall not be liability for the functioning of data networks, servers or data performances of its data centres and the constant availability of its online shop.
The seller shall only be liable for the content on the website of its online shop. Should links provide access to other websites, the seller shall not liable for the third-party content found on those websites. It does not accept responsibility for the third-party content. Should the seller be notified of illegal content on external websites, it shall block access to these pages without delay.
§11 Data Protection
The seller shall use the data provided by the customer in accordance with the provisions of the German Data Protection Act.
Personal data shall only be used for the purposes of executing the contract formed between the seller and customer, such as for the purposes of invoicing. In addition, the data may likewise be used for the purposes of advertising, market research or crafting offers of the seller.
§12 Amendment of the General Terms and Conditions of Business
The Seller reserves the right to amend the general terms and conditions of business at any time, subject to granting a reasonable notice period of at least two weeks. The notice shall be made by publication of the amended general terms and conditions of business along with the date of entry into force on the internet at the Starling.
Should the Customer not object without two weeks, the amended general terms and conditions of business shall be deemed to have been accepted.
§13 Final Provisions
The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods. The application of mandatory provisions of law of the state in which the customer has his or her habitual residence at the time of formation of contract shall remain unaffected by this choice of law.
Should the customer be a business person, a legal person under public law or a special entity under public law, jurisdiction over all disputes arising out of this contract shall be the court of competent jurisdiction at the registered business address of the seller, provided exclusive jurisdiction is not established. Nonetheless, the seller shall be entitled to sue the customer in the court for his or her domicile or registered business address. Jurisdiction on the basis of an exclusive ground of jurisdiction shall remain unaffected.
Should one or more provisions of these general terms and conditions be or become invalid or impracticable, the validity of the terms and conditions as a whole shall remain unaffected. The invalid or impracticable provision shall be replaced by a provision which is as close as possible in commercial and legal terms to that which the parties intended via the original provision. This shall also applies to any omissions in the contract.