General Terms and Conditions of Service
§ 1 Scope
The following general terms and conditions (GTC) apply to all business relationships between consumers (hereinafter: Customer) and TELESTAR-DIGITAL GmbH (Ulmen) (hereinafter: Telestar).
§ 2 Conclusion of the contract
(1) The offers are aimed exclusively at consumers (pursuant to § 13 BGB) who have reached the age of 18. The presentation of the goods in the online shop does not constitute a binding offer by Telestar to conclude a purchase contract. The Customer is only asked to submit an offer by placing an order.
(2) By submitting the order in the online shop, the Customer submits a binding offer aimed at concluding a purchase contract for the goods in the shopping cart.
(3) Telestar confirms receipt of the Customer’s order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by Telestar. It is only used to inform the Customer that the order has been received by Telestar. The declaration of acceptance of the contract offer is made by delivery of the goods or by an express declaration of acceptance by Telestars.
(4) The validity of contracts for larger than normal household quantities as well as commercial resale requires express written confirmation from Telestar.
§ 3 Prices and shipping costs
All prices include the statutory value-added tax (VAT) applicable at the time and are subject to a flat-rate shipping charge and any shipping surcharges for bulky goods. The shipping surcharges may vary depending on the destination, type of delivery and the nature of the item. The prices at the time of the order apply.
§ 4 Payment, due date and default
(1) The Customer can pay for the item by prepayment, invoice, direct debit, credit card, cash on delivery or online payment method (e.g. PayPal). Telestar reserves the right to exclude certain types of payment in individual cases.
(2) For prepayment, the Customer must transfer the full invoice amount to Telestar’s account within 5 calendar days, stating the intended purpose. Telestar reserves the purchase item for a period of 5 calendar days. For payment by online payment method (e.g. PayPal), the Customer expressly authorises Telestar to collect the amounts due at the time of the order. For payment by direct debit or credit card, the Customer expressly authorises Telestar to collect the amounts due when the goods are shipped. For payment by cash on delivery, additional cash on delivery fees apply, which Telestar will indicate separately in the invoice. For payment on invoice, the Customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any discount. When the goods are dispatched, the invoice will be sent by email. If no email address has been provide, it will be by post to the invoice address specified by the Customer.
(3) If the Customer is in default of payment, Telestar reserves the right to assert default damages (e.g. collection fees, reminder fees and default interest at the rate of 5 percentage points above the respective base rate).
(4) Offsetting against Telestars payment claims is permitted only with legally established or undisputed claims.
§ 5 Retention of title
The purchase item delivered to the Customer remains the property of TELESTAR until full payment has been made.
§ 6 Right regarding defects
(1) If there is a defect in the delivered goods, the Customer is entitled to the statutory warranty rights. The warranty period is two years for newly manufactured items and one year for used items.
(2) Telestar is liable for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty by its legal representatives or vicarious agents. Telestar is also liable for other damages if they are based on an intentional or grossly negligent breach of duty on the part of its legal representatives or vicarious agents.
(3) If Telestar advertises guarantees, the details result from the guarantee conditions, which are made available in text form with the delivery at the latest. The statutory warranty claims of the Customer are not limited by a guarantee, but in the event of defects of the delivered purchase item the customer is entitled to them in addition to the claims from the guarantee promise.
§ 7 Limitation of liability
In the event of a slightly negligent breach of duty, Telestar’s liability is limited to the amount of the foreseeable average damage typical for the contract. There is no liability for any further financial loss or claims for lost profit. This does not apply in the event of injury to life, body or health. Liability for grossly negligent or wilful behaviour as well as for claims under the Product Liability Act remains unaffected.
REVO is a brand of TELESTAR-DIGITAL GmbH
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TELESTAR-DIGITAL GmbH, Am Weiher 14, 56766 Ulmen, Germany
Tel: +49 (0)2676 95200 Email: firstname.lastname@example.org
District Court: Koblenz HRB 23019
VAT registration number DE 149 932 954