(Version of Jan 2020)
Your purchase agreement with STARK Power GmbH, Gewerbepark Birkenhain 21, 63579 Freigericht, is in effect.
Managing Director: Dieter Adolf Kölbel
Phone: +49 6051/916679 0, e-mail: firstname.lastname@example.org
Commercial Register: Hanau HRB 95265
Sales tax ID number: DE 814 699 596
1. Scope of Application
1.1 These General Terms and conditions in their valid version at the time of the respective conclusion of the agreement shall apply for all mutual claims arising from and in connection with the conclusion of an agreement between the customer and STARK Power GmbH for catalogue mail order business, taking into account the special terms and conditions of business of STARK PowerGmbH for the various services that do not involve a purchase order. The special terms and conditions for services can be found under the respective services offered.
1.2 In the event of collisions, the following order of priority shall apply among the regulations:
1. These General Terms and Conditions;
2. Legal Regulations
STARK Power GmbH enters into agreements with customers, who are
a) natural persons who are legally competent without limitation, who are at least 18 years of age and with
b) legal persons/entities, having their place of residence and/or registered office in the Federal Republic of Germany, a member state of the European Union or of Switzerland (hereinafter referred to as “Customers). If an offer from a non-accepted participant is inadvertently accepted by STARK Power GmbH, then STARK Power GmbH shall be authorized to cancel the agreement with the customer within a suitable period of notice.
3. Subject Matter of the Agreement
STARK Power GmbH shall deliver the products ordered by the customer or render services within the scope of the acceptance of offer. In other respects, § 434 Subparagraph 1 Sentence 3 German Civil Code (BGB) shall apply. If cancellation/recall occurs, STARK Power GmbH shall be obligated to immediately credit any payments and/or prepayments made, or upon request pay it back via check or wire transfer. If it is a financed transaction, subparagraph 4.4 shall apply accordingly.
4.1 The agreement shall go into effect upon acceptance of the customer purchase order by STARK Power GmbH. Acceptance by STARK PowerGmbH shall occur upon receipt of the goods by the customer after shipment of the goods by STARK Power GmbH and/or upon provision of the service at the customer’s site by STARK PowerGmbH. If the customer orders via the Internet, STARK Power GmbH shall promptly confirm receipt of the order electronically. Acceptance of a contract is not yet in evidence in a confirmation of order, however.
5. Cancellation Policy
5.1 Right of Cancellation
You have the right to cancel this agreement within fourteen days without stating any reasons.
The cancellation period amounts to fourteen days from the date on which you or a third party designated by you, who is not the carrier, have/has taken possession of the goods.
To exercise your right of cancellation, you must inform us at the following address:
STARK Power GmbH
Gewerbepark Birkenhain 21
Phone: +49 6051 916679 0
of your decision to cancel this contract by means of an explicit statement (e.g. a letter sent by mail, a fax or an e-mail). You may use the attached Sample Cancellation Form, but this is not a requirement.
To keep within the cancellation period, it is sufficient that you send notification that you are exercising your right of cancellation before expiration of the cancellation period.
5.2 Consequences of Cancellation
If you cancel this contract, we must pay back to you all of the payments we received from you, including the delivery costs (except for the additional costs that result if you have selected a method other than the standard type of delivery that we offered), without delay and within fourteen days at the latest from the date on which we received notification of your cancellation of this agreement. We shall use the same method of payment that you used for the original transaction for this repayment, unless other arrangements were expressly agreed upon with you; under no circumstances will you be charged anything extra because of this refund.
We may refuse to send the refund until we have received the goods back or until you have provided proof that you have sent back the goods, whichever comes sooner.
You must return or deliver the goods to STARK Power GmbH without delay, and in any case within at least fourteen days from the date on which you inform us of the cancellation of this contract. The time limit shall be adhered to if you ship the goods before expiration of the time limit of fourteen days.
You shall bear the direct costs of return shipment of the goods.
You must only be responsible for any loss of value of the goods if this loss of value can be attributed to the unnecessary handling of the goods for (the purpose of) inspecting the quality, characteristics and functionality of the goods.
6. Lack of Availability of Ordered Goods or Services
If after receipt of an order, STARK Power GmbH should discover that the ordered goods or services are no longer available at STARK Power GmbH, STARK Power GmbH may send or offer the customer a product or render a service of like quality and price. In this case, the customer shall not be obligated to accept, nor is he responsible for the costs of the return shipment.
7. Price, Terms of Payment
7.1 The price quotes are final prices and include the applicable value added tax.
7.2 In addition to the net price of the goods, the invoice will also show the price for supplementary services: packaging, shipping, 24-hour service, etc. as well as the value added tax applicable at the time of invoicing (for private customers).
7.3 To safeguard against the risk of creditworthiness,STARK Power GmbH shall reserve the right on a case-by-case basis to exclude certain types of payment and to only make requested deliveries in return for pre-payment, cash on delivery or immediate payment upon delivery.
7.4 For business partners only: For the purpose of checking on credit, the Verband der
Vereine Creditreform e.V., Hellersbergstraße 12, D-41460 Neuss will provide us
with the address and creditworthiness data stored in its database regarding
your person, including data ascertained on the basis of a
mathematical/statistical procedure, provided we have credibly presented our
authorized interest. Reference is made to article 6 GDPR.
For the purpose of deciding as to the establishment, implementation or termination of a contractual relationship, we shall gather or use probability values, which include address information, among other things, in their calculations.
8. Retention of Title
STARK Power GmbH shall retain title to all goods it delivers to a customer until final and complete payment for the delivered goods. If STARK Power GmbH replaces a product within the scope of the guarantee, it shall be agreed here and now that title to the product to be replaced shall transfer reciprocally from the customer to STARK Power GmbH or vice versa at the point in time at which STARK PowerGmbH receives the goods sent back by the customer on one hand, and/or the customer receives the replacement delivery from STARK Power GmbH.
9.1 STARK Power GmbH guarantees that the products are free of material defects and defects of title as per § 434, 435 BGB at the time of transfer of risk.
9.2 If the delivered goods exhibit obvious material or manufacturing defects, which shall also include transportation damages, the customer shall be asked to file a complaint with STARK Power GmbH about such defects as soon as possible. Failure to file this complaint does not have any consequences with respect to your legal claims. In other respects, the legal provisions as per §§ 434 ff., 475 Subparagraph 1 BGB shall apply.
9.3 The warranty shall be for a period of two years and begins upon receipt of the goods by the customer.
9.4 In the event of a defect, the customer may at his option and as per § 439 BGB, request either rectification of the defect or delivery of a defect-free item. Within the scope of § 439, STARK PowerGmbH may decline the type of subsequent fulfilment requested by the buyer if such is only possible at a disproportionate cost. If the defect cannot be rectified by means of a repair even after the second attempt, the customer shall be entitled within the scope of § 439 BGB, to request delivery of a defect-free item or a reduction of the purchase price or cancellation of the contract. In other respects, § 437 BGB shall apply.
9.5 With respect to any claims for damages due to product defects, the legal provisions shall apply.
9.6 A prerequisite for warranty claims is that the defect did not arise due to improper use or overstraining. If a defect only appears more than 6 months after delivery, the customer must provide proof that the item was faulty at the time of transfer of risk. Otherwise, it is within STARK Power GmbH’s discretion to provide proof that the item did not exhibit any material defects at the time of delivery.
10.1 STARK Power GmbH, its company management and its employees shall be liable for intent and gross negligence in instances of a positive violation of a contractual duty, default, impossibility, unauthorized activity and for other legal grounds (excluding pre-contractual violations). In the event that injuries to life, health or limb have culpably occurred, or in the event of culpable violation of cardinal duties (major contractual duties) or in the case of a malicious deception or claim for damages as per § 437 Item 2 BGB, STARK Power GmbH shall be liable within the limits of statutory regulations. Merely for a violation of cardinal duties, the liability for employees of STARK Power GmbH shall be limited to typical, foreseeable damages. The term cardinal duty is used to designate either a specifically described critical violation of duty that jeopardizes the achievement of the contractual purpose, or abstractly explained as a duty, the fulfilment of which makes it possible to even properly execute the contract in the first place and compliance with which the customer may always rely on. In case of default, the business customer shall also have the right to withdraw from the agreement instead of claiming damages.
10.2 In the event of a loss of data, STARK Power GmbH shall only be liable if the customer has verifiably backed up the databases on a regular basis, at least once a day. The liability for loss of data shall be limited to the cost of restoration if a backup copy is available, unless the loss of data was brought about intentionally or through gross negligence on the part of STARK Power GmbH. Apart from that, liability shall be excluded with the exception of cases of intent or gross negligence.
10.3 The scope of liability of STARK Power GmbH according to the product liability law shall remain unaffected.
10.4 The above regulations (8 and 9) reflect the complete liability of STARK Power GmbH, its company management and its employees.
11. Choice of Law
11.1 German law shall apply for the legal relationships between STARK Power GmbH and customers as well as for the respective General Terms and Conditions. The UN Convention on Contracts for the International Sale of Goods of 04/11/1988 shall be excluded.
11.2 The provisions of Item 10.1 shall not affect the compelling regulations of the state law in which the customer has his usual place of residence, if and to the extent that the customer entered into a purchase agreement that cannot be attributed to the professional or commercial activities of the customer (consumer agreement) and if the customer has undertaken the legal actions required in the state of his usual place of residence for entering into the purchase agreement.
12.1 The customer shall not have the right of offsetting or retention unless the claim is indisputable or legally established by a court of law.
12.2 If individual provisions of this agreement are not legally effective, either in whole or in part, or lose their legal effectiveness at a later point in time, this shall not affect the validity of the agreement in other respects.
12.3 The exclusive place of jurisdiction shall be Freigericht or another legal place of jurisdiction at the option of STARK Power GmbH, provided the customer is a businessperson within the meaning of the German Commercial Code or a corporation under public law.
14. Final Provisions
14.1 Notes regarding Battery Disposal (Note: For German customers only.)
STARK Power GmbH is affiliated with the group take-back system
GRS in Germany.
With respect to the sale of batteries or the supply of equipment that contains batteries, STARK Power GmbH is obligated to point out the following to you:
As the end user, you are legally obligated to return used batteries. You may return batteries after use to the seller or to take-back locations provided for this purpose (e.g. in communal collection locations (GRS) or in the market) free of charge. You may also send the batteries back to the seller by mail.
The symbols depicted on the batteries mean the following:
The symbol of the crossed-out trash can means that the battery may not be placed in the household garbage.
Pb = battery contains more than 0.004 mass percent lead
Cd = battery contains more than 0.002 mass percent cadmium
Hg = battery contains more than 0.0005 mass percent mercury.