Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
In dealings with businesses, the following applies: if the business uses opposing or supplementary general terms and conditions, their applicability is hereby objected to; they shall only become part of the contract if we have expressly consented to them.
2. Contracting party, conclusion of contract, opportunities for correction
The purchase contract is concluded with Stern Didactic GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract regarding these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when, by clicking the order button, you accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract language, contract storage
Language(s) available for concluding the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Delivery conditions
Shipping costs may apply in addition to the stated product prices. Further details on any shipping costs are provided with the offers.
We deliver only by shipment. Self-collection of the goods is unfortunately not possible.
We do not deliver to packstations.
5. Payment
In our shop the following payment methods are generally available to you:
PayPal
During the order process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been shipped. You will receive further information during the order process.
Payment processing through PayPal Services
In cooperation with the payment service PayPal we offer you various payment methods as PayPal Services. To be able to pay the invoice amount, you do not need to be registered with PayPal. Depending on the selected payment method, after placing the order you may be redirected to the website of PayPal and the selected payment service:
Credit card: The payment transaction is carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your authentication as the legitimate cardholder, and your card is charged.
Giropay: On PayPal's website you can enter your payment data and confirm the use of your data by PayPal. You are then redirected to the website of Giropay GmbH. To pay the invoice amount via Giropay, you must have a bank account that is enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. The payment transaction is carried out immediately afterwards and your account is charged.
Direct debit: On PayPal's website you can enter your payment data, confirm the use of your data by PayPal, and confirm the payment instruction to PayPal. By confirming the payment instruction you grant PayPal a direct debit mandate. PayPal will inform you of the date on which the account will be debited (so-called pre-notification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal asks its bank to initiate the payment transaction. The payment transaction is carried out and your account is charged.
Sofort by Klarna: On PayPal's website you can enter your payment data and confirm the use of your data by PayPal. You are then redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. The payment transaction is then carried out by Sofort and your account is charged.
You will receive further information during the order process.
6. Right of withdrawal
You have the statutory right of withdrawal as described in the withdrawal instructions.
7. Retention of title
The goods remain our property until full payment is received.
For businesses, the following applies in addition: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from such resale to us in advance in the amount of the invoice amount – regardless of any combination or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves to the extent that you do not meet your payment obligations.
8. Transport damage
For consumers the following applies: If goods are delivered with obvious transport damage, please complain about such defects to the carrier as soon as possible and contact us without delay. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.
For businesses the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to inspect and notify defects regulated in § 377 HGB applies. If you fail to give the notice regulated there, the goods shall be deemed approved, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory law of liability for defects applies.
For the purchase of used goods by consumers the following applies: if the defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is made under the exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Vis-à-vis businesses, only our own information and the manufacturer's product descriptions that have been incorporated into the contract shall be deemed an agreement regarding the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising claims.
If the delivered item is defective, we shall initially provide warranty to businesses, at our discretion, by remedying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above limitations and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents
• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of breach of essential contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations)
• as part of a guarantee promise, where agreed, or
• insofar as the scope of the Product Liability Act is open.
Information on any additional guarantees that may apply and their precise conditions can be found with the respective product and on special information pages in the online shop.
10. Liability
For claims based on damage caused by us, our legal representatives, or vicarious agents, we are always liable without limitation
• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty
• in the event of guarantee promises, where agreed, or
• insofar as the scope of the Product Liability Act is open.
In the event of breach of essential contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations) through slight negligence by us, our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are willing to take part in an out-of-court dispute resolution procedure before a consumer arbitration body.
The competent body is the Universalschlichtungsstelle des Bundes at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
12. Final provisions
If you are a business, German law applies, excluding the UN Convention on the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.