Términos y Condiciones

General Terms and Conditions of Sale for Entrepreneurs

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by the company STAR DISTRIBUTION Limited Liability Company,
Otto-Lilienthal-Str. 5, 71034 Böblingen
Phone: +49 (0)70 31 6288-300
Fax: +49 (0)70 31|62 88-3 99
Register Court: Stuttgart District Court, Registration Number: HRB 24 5053
VAT ID No. according to § 27 a, German Value Added Tax Act: DE 189 768 946

- as the seller -

§ 1 Scope of Application

The following General Terms and Conditions of Sale ("Conditions") apply to all offers, sales contracts, deliveries, and services concluded between STAR DISTRIBUTION ("SD") and an entrepreneur according to § 14 para.1 German Civil Code (BGB), as well as a legal entity under public law or a special fund under public law as buyer ("Customer") via the MAN-Merchandising and NEOPLAN-Merchandising Shop www.b2b.man-shop.eu.
These Conditions apply exclusively in their version valid at the time of the order. Deviating terms and conditions of the customer are only part of the contract if they have been expressly agreed in writing by SD. This also applies if the customer refers to his own terms and conditions in his order and SD does not expressly contradict this.
Individual agreements and specifications in the order confirmation of SD take precedence over these Conditions.
Legally significant declarations, amendments, and ancillary agreements concerning orders and the conditions underlying them require written form to be effective. Except for managing directors or authorized signatories, employees of SD are not authorized to make oral agreements that deviate from the written agreement. Written form within the meaning of these Conditions includes text form. Stricter statutory form requirements remain unaffected.

§ 2 Conclusion of Contract

The offers in the online shop are non-binding.
The customer can select products from the goods presented on the SD's website and place them into the shopping cart. To do this, the customer must click the "Add to cart" button. Before triggering the order, the customer can view and change the data at any time. The order can only be completed and transmitted if the box "I hereby accept the GTC" is activated by clicking.
By sending the order by clicking the "Order with obligation to pay" button, the customer submits a binding offer to contract. SD is entitled to accept the offer within 2 (two) working days.
Acceptance is made by written order confirmation or by sending the goods.
All documents are provided in both German and English languages.

§ 3 Scope of Services, Shipping, and Transfer of Risk

The order confirmation is decisive for the scope and content of the service, in particular the condition of the goods. The assumption of a guarantee beyond this requires an explicit declaration of guarantee.
The risk of accidental loss and accidental deterioration passes to the customer as soon as the goods have been delivered to the transport company (sale by dispatch). We determine the appropriate shipment (shipping agent, packaging, shipping route, etc.) at our reasonable discretion. If SD has taken over transport or installation, the risk of the goods passes to the customer upon handover.
The shipment will only be insured against insurable transport risks at the express request of the customer and at their expense.

§ 4 Performance Periods, Availability of Goods

The delivery periods and dates promised are only binding if they have been expressly agreed upon. If the ordered goods are listed in the online shop or order confirmation without a delivery time, the delivery time is usually 3 to 4 working days.
Delivery times are calculated from the conclusion of the contract in the case of purchase on account, and from full payment of the purchase price in the case of payment via PayPal.
A agreed delivery time is met if the goods were handed over to the transport company on time.
In the case of unforeseeable delivery obstacles of temporary duration that are not the responsibility of SD, such as acts of God, labor disputes, pandemics, and other events outside SD's sphere of influence, the delivery and performance periods shall be extended by the period of the obstacle's existence. After a period of 3 (three) months, in which the obstacle has not been eliminated, each party to the contract is entitled to withdraw from the contract, with the consequence that the mutual services are to be returned.

§ 5 Retention of Title

SD retains ownership of the goods until the purchase price has been paid in full.

In case of payment delay, SD is entitled to demand the return of the reserved goods if SD has withdrawn from the contract.

§ 6 Prices and Payment

Prices are understood to be gross prices including VAT without shipping costs. The customer bears the cost of order modifications caused by the customer. For repeat orders, the agreed prices are not binding.
When delivering on account, payment is due within 14 days after receipt of the goods and invoice. The customer enters into default upon expiry of this period. The date of payment receipt is decisive.
The customer has no right to offset or retain payment unless the counterclaim is undisputed or has been legally established.
The customer can make payment by credit card, SEPA or PayPal.

§ 7 Warranty for Defects

SD provides a warranty for defects according to the legal regulations, unless otherwise determined.
If the goods are defective, SD may, at its discretion, remedy the defect by rectification or delivery of a defect-free item. The customer must return the defective item to SD upon request and at SD's expense.
The customer is obliged to inspect the goods immediately in the ordinary course of business and to notify SD promptly of any defects found. Otherwise, the goods are considered approved, resulting in the exclusion of warranty and liability for the defect. This does not apply if the defect could not be detected during proper and immediate inspection (hidden defect) or was fraudulently concealed; a hidden defect must be reported immediately after its discovery, otherwise the goods are also considered approved in this respect.
The expenses necessary for the purpose of subsequent performance are borne by SD, provided they do not increase because the goods were transported to a location other than the place of performance, unless this corresponds to their intended use.
The warranty period is one year from receipt of the goods. If the receipt of the goods is delayed for a reason attributable to the customer, the warranty period begins as soon as SD has delivered the goods to the transport company.

§ 8 Compensation for Defects and Other Liability

The customer is entitled to compensation exclusively for damages due to

the breach of essential contractual obligations; essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on which the contracting partner may rely.
injury to life, body, or health,
intentional or gross negligence,
fraud,
a guarantee or procurement agreement,
the Product Liability Act,
any other mandatory statutory liability provision.

Damages according to section 1, item a, are limited to the typical, foreseeable damage, unless the conditions for unlimited liability are met.
SD is liable for legal representatives and vicarious agents in accordance with sections 1 and 2.

§ 9 Final Provisions

The laws of the Federal Republic of Germany apply to contracts between SD and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
The exclusive jurisdiction for all disputes arising from or in connection with this contract is Stuttgart. SD may also bring a claim against the customer at their general place of jurisdiction.
If individual points of this contract are legally invalid or become invalid, the contract remains binding in its other parts. The statutory provisions shall apply in place of the invalid provisions. If this would constitute unreasonable hardship for a contracting party, the contract as a whole shall become invalid.
The customer is aware that business data, including personal data, must be stored, processed, and transferred to third parties as necessary for business purposes. Further information on the processing of customer data can be found in the privacy policy on the website.