Allgemeine Geschäftsbedingungen und Kundeninformationen
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( Andy Beuth ) via the website www.laserstern.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods. (
2) By placing the respective product on our website, we are submitting a binding offer to you for the conclusion of a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary, change it (also using the "back" function of your internet browser), or cancel the order.
(4) Your requests for a quotation are non-binding. We will then submit a binding offer to you in written form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not prevented by spam filters.
Section 3 Individually Designed Goods
(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed. (2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of any legal representation required in this context. (3) We do not verify the accuracy of the content of the transmitted data and therefore assume no liability for errors. (4) If indicated in the respective offer, we will send you a proof for review, which you must check immediately. If you agree with the draft, you must approve the proof for production by countersigning it in written form (e.g., email). The design work will not be carried out without your approval. You are responsible for checking the proof for accuracy and completeness and notifying us of any errors. We assume no liability for errors that are not reported. Section 4 Special Agreements Regarding Offered Payment Methods (1) Payment via Klarna In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
- Invoice (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice ; the terms and conditions for the payment extension option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension .
The use of payment methods such as invoice, installment purchase, and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for address and credit checks as part of the purchase initiation and processing of the purchase agreement. Please understand that we can only offer you payment methods that are permitted based on the results of the credit check.
Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/ .
Section 5 Right of Retention , Reservation of Title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are a business, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods subject to retention of title passes to you, pledging or assigning them as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
Section 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of it by us before we submitted your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed upon as the quality of the goods, not other advertising, public statements, or pronouncements by the manufacturer.
b) In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a reduction in price or withdraw from the contract. The remedy shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we shall not be obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the warranty period does not apply:
- to damages attributable to us caused by culpable injury to life, body, or health, and to other damages caused intentionally or by gross negligence;
- to the extent that we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- to goods that, according to their usual purpose, have been used for a building and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with warranty claims.
Section 7 Choice of Law
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
II. Customer Information
1. Seller's Identity
Andy Beuth
Schlegelsberger Str. 39
87746 Erkheim
Germany
Telephone: +4983368004352
E-Mail: support@laserstern.de
We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the formation of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German. 3.2
. We do not store the complete contract text. Before submitting your order via the online shopping cart system , you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email. 3.3. For inquiries outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. ,
by email, which you can print or save electronically.
4. Codes of Conduct 4.1
. We have committed to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
5. Essential Characteristics of the Goods or Services The essential characteristics of the goods and /
or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, payment is due immediately upon conclusion of the contract.
7. Delivery Terms
7.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment only passes to you upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
If you are a business customer, delivery and shipment are at your own risk.
8. Statutory Warranty Rights.
The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I). These Terms and Conditions and customer information were prepared by the IT law specialists of the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management
AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
updated: October 22, 2024