I. General Terms and Conditions and Customer Information
I. General Terms and Conditions
- the company Star Food Impex GmbH
§ 1 Basic provisions
(1) The following page contains the contact details of Star Food Impex GmbH (hereinafter referred to as the Company), Holstenhofweg 41 A, 22043 Hamburg, in the near future. Farewell or conflicting terms and conditions are only effective with express assurance.
(2) We offer our goods to give you a natural or legal person or a legal person who is exercised in the exercise of their professional activity (entrepreneurs).
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods on the Internet, but also at trade fairs and in direct sales.
(2) The presentation of our services and goods does not constitute a binding offer on our part. Only the ordering of a service or goods by you is a binding offer according to § 145 BGB. The conclusion of the contract requires legal confirmation of the written confirmation of the company. In case of acceptance of this offer, we will send you an order confirmation. The written confirmation can be replaced by the company by implicit action, such as. Goods delivery and / or invoicing. Our offers are valid for a maximum of thirty days.
(3) You can submit a binding purchase order (order) by phone, e-mail, fax or in writing.
(4) If goods / services are not to be procured by Star Food Impex GmbH within a reasonable period of time or if a general unavailability has occurred, the contract is deemed not to have been concluded and the mutually provided services must be returned.
If you order via our homepage www.starfoodimpex.de the goods intended for sale are stored in the "shopping cart." Via the corresponding button in the navigation bar you can open the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.When sending the order via the corresponding button you submit a binding offer us off.
You will first receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract yet.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place both by post and by e-mail.
(5) In the case of the telephone order acceptance by the company Star Food Impex GmbH, incorrect deliveries, which are to be based on transmission errors, are at the expense of the customer, if he does not submit a deviating written order confirmation in case of damage.
(6) A general power to make verbal agreements and / or verbal contract changes with customers / suppliers does not exist for the employees. However, if verbal agreements / contractual agreements are made by employees, they will only become effective on the basis of a written confirmation from the management of the company.
§ 3 prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers are net prices. They do not include the statutory value added tax.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice.
(4) The sale to new customers is up to and including the third delivery only against advance payment (debit order, advance transfer, cash or another online payment system).
(5) Offsetting against counterclaims by the customer is only permitted if the counterclaim has been expressly acknowledged in writing by the company or has been legally established. Bank guidances, which result from insufficient coverage of a customer account or non-payment of direct debits on customer accounts and / or checks, shall be borne by the customer.
(6) The place of performance is the registered office of the company in Hamburg
§ 4 Terms of Delivery
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are approximate and are non-binding.
(2) Should a product ordered by you contrary to expectations despite timely conclusion of an adequate cover transaction for reasons for which we are not responsible, you will be informed immediately about the unavailability and in the event of withdrawal about any payments already made will be refunded immediately.
(3) If delivery or service delays occur which are not the fault of the company, a reasonable extension of the deadline shall be deemed agreed. The company is free from responsibility for - but not limited to - causes of delays: traffic disruptions, official orders, import and export bans, disruptions of any kind, such as lack of energy, not timely deliveries by subcontractors and / or their subcontractors and missing means of transport.
(4) Partial deliveries within the agreed delivery period are permitted provided that you are not burdened with additional costs for shipping. Goods deliveries / services in accordance with the customer order are made against separate invoice and at the risk of the customer. The risk of accidental loss goes with readiness to pick up the goods at the warehouse of the company and the information about this to the customer on this over. When sending the goods at the request of the customer, the risk of accidental loss and accidental deterioration of the goods at the time of dispatch to the customer.
(5) In the event of default in acceptance or other culpable violation of cooperation obligations on the part of the customer, we shall be entitled to compensation for the resulting damage, including any additional expenses. Further claims are reserved. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer in this case with the time of default of acceptance or other breach of obligations to cooperate.
(6) The disposal of packaging material is the responsibility of the customer.
§ 5 Warranty
(1) The Company guarantees that the goods have the properties guaranteed in the contract and that they are free of defects that cancel out or reduce the value or suitability for the normal or contracted use. An insignificant reduction in value or suitability remains out of consideration. Unless otherwise stated, the statutory warranty applies. The warranty does not apply to us culpably caused damage from injury to life, limb or health and grossly negligent or intentionally caused damage or malice, as well as in case of recourse claims in accordance with §§ 478, 479 BGB.
(2) The obligation to provide warranty extends to the choice of the company for replacement or cancellation of the purchase contract.
(3) You are obliged to inspect the goods promptly and with the necessary care for correctness, quality and quantity deviations. Deviations of the delivered goods against the delivery note / invoice with regard to varieties, quantities, quality and best before dates are to be ascertained immediately and reported to the company in writing at the latest on the next working day following the delivery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
§ 6 Privacy
Name and contact details of the responsible person:
Star Food Impex GmbH, Holstenhofweg 41A, 22043 Hamburg
We store and use personal data of the buyer for the purpose of contract initiation, contract execution and contract execution, and offer submission. The processing of your data is required under Article 6 (1) (b) EU GDPR to fulfill a contract. In addition, Article 6 (1) (f) applies to the preservation of the legitimate interest.
Data categories and data source:
We provide the following categories of data that we have obtained or collected from you:
Salutation, first name, surname,
Telephone number (landline and / or mobile
Duration of storage:
After termination of the contract, the data will be published in accordance with Article 6 para. 1 sentence 1 lit. C EU-DSGVO due to tax and commercial law storage and documentation obligations stored or you in a further storage according to Art. 6+ para. 1 p. 1 lit. A EU-DSGVO have consented.
Rights of data subjects:
You are entitled to the following rights under Art. 15 to 22 EU-DSGVO if the legal requirements are met:
Right to information, correction, deletion, limitation of processing, data portability.
Furthermore, under Article 14 (2) (c) in conjunction with Article 21 EU GDPR, you are entitled to a right of opposition to the processing based on Article 6 (1) (f) EU GDPR.
Right of appeal to the supervisory authority:
In accordance with Art. 77 EU-GDPR you have the right to complain to the supervisory authority if you believe that the processing of your personal data is unlawful.
The data will also be used by us and affiliates to further care for customer relationships, unless the customer agrees with this. § 28 IVBDSG contradicts. No separate statement or communication will be made hereof. If we enter in advance, z. For example, in the case of a purchase on account, we reserve the right to solicit our creditworthiness based on mathematical-statistical procedures using Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 500 166, 22701 Hamburg, to safeguard our legitimate interests. To do this, we will send the data required for a credit check there and use the information we receive about the statistical probability of a default for a balanced decision on the creation, conduct or termination of the contract. The credit information can contain probability values (score values) which are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your concerns will be considered in accordance with the statutory provisions.
7 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve the ownership of the goods until complete settlement of all claims from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves. The right to resell shall cease in the event of late payment by the customer or, in the case of an application for the opening of insolvency proceedings, over the assets of the customer.
(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 8 Liability
(1) The company is not liable for the fact that the ordered and delivered goods are suitable and / or approved for the purposes envisaged by the customer. Insofar as it is not about direct personal injury and / or property damage, the company is only liable up to a maximum of € 2,500.00. The company is not liable for lost profits, missed savings or indirect and / or consequential damages. These limitations of liability do not apply to damages based on intent, gross negligence or the lack of guaranteed properties.
(5) Data communication over the Internet can not be guaranteed error-free and / or available at all times according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 9 Choice of law, place of performance, place of jurisdiction, severability clause
Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by mutual agreement by the contracting parties by means of a legally valid provision which comes closest to the economic purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.
§ 10 Final Provisions
Any revisions to these General Terms and Conditions apply to all business transactions that take place after the transfer to the customer. For new business transactions, new general terms and conditions become effective, as far as the customer does not object in writing within two weeks. Jurisdiction is Hamburg. The application of UN sales law is excluded. Only the law of the Federal Republic of Germany applies.
Changes and side agreements to these general terms and conditions must be in writing to be effective.
In the event that any of the provisions of these General Terms and Conditions are or become invalid, one of the provisions ineffective or ineffective shall be deemed to have been agreed upon in the next forthcoming regulation.
As of May 2018
Star Food Impex GmbH - Holstenhofweg 41 A - 22043 Hamburg
II. Customer information
1. Identity of the seller
Star Food Impex GmbH
Holstenhofweg 41 A
Telephone: +49 (0) 40 - 228 67 228 0
2. Information about the conclusion of the contract
The technical steps to conclude the contract and the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system or the request, the contract data can be printed out or saved electronically using the browser's print function.
4. Legal warranty rights for goods
The liability for defects for our goods is governed by the "Warranty" regulation in the General Terms and Conditions (Part I).