Terms & Conditions
General Terms and Conditions and Customer Information for Orders from Signostar
§ 1 Scope of application and supplier
(1) The contractual partner for all orders placed with Signostar is Jörg Dudda, Schönbachstraße 56b, 04299 Leipzig, hereinafter referred to as "Signostar".
(2) All orders placed by the customer with Signostar are placed exclusively on the basis of the following General Terms and Conditions.
(3) Conflicting or deviating terms and conditions of the customer shall not be accepted by Signostar. This also applies if Signostar does not expressly object to their inclusion. Individual agreements remain unaffected.
(4) A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.
(5) If the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law, these General Terms and Conditions in their respective version shall also apply as a framework agreement for future contracts on orders with Signostar with the same customer without Signostar having to refer to them again in each individual case; the customer shall be informed immediately of any changes to the General Terms and Conditions.
§ 2 Order process and conclusion of contract for orders placed via www.signostar.de
(1) The product presentations of the online offer on www.signostar.de represent a non-binding invitation to the customer to order the corresponding product from Signostar. The customer can select products from Signostar's range and mark them in a virtual shopping cart without obligation by clicking the "Add to cart" button. The contents of the shopping basket can be viewed by clicking on the "My shopping basket" button. In the shopping cart, the products can be removed from the shopping cart by clicking on the button "Remove item". After selecting the products and clicking the button "Proceed to checkout" in the shopping cart, the ordering process is initiated. The customer is asked to enter his/her data or log in to an existing customer account at Signostar and select the shipping options. The mandatory details are marked with an *. Non-registered customers can optionally open a customer account when initiating the order process and order in future orders after entering their user name and password without having to enter their customer data again. The following languages are currently available for the conclusion of the contract: German.
a) Before finally submitting the offer, the customer has the opportunity on an overview page (order page) to check the correctness of his entries and, if necessary, to correct them by clicking the "Edit" button. By clicking the "Buy" button on the order page, the customer submits a binding offer to conclude a purchase contract or contract for work and materials with respect to the products contained in the shopping basket.
b) Signostar automatically informs the customer by e-mail about the receipt of his order (order confirmation) and checks the offer for its legal and actual feasibility, in particular for a possible infringement of third party property rights.
c) The order confirmation does not constitute acceptance of the offer, but is only intended to inform the customer that his order has been received by Signostar. The contract is only concluded when Signostar ships the ordered product to the customer within the delivery period specified in the online product presentation and confirms the shipment to the customer with a second e-mail (shipping confirmation). If no delivery period is specified in the online product presentation, the contract is concluded when Signostar sends the ordered product to the customer within approximately 2-5 days and confirms the dispatch to the customer with a second e-mail (dispatch confirmation).
d) If the customer has selected "payment in advance" as the method of payment, Signostar will accept the customer's offer in deviation from the aforementioned procedure under c) as follows: The acceptance of the customer's offer takes place with the request of the customer within the order confirmation to make the payment in advance according to the specified payment information.
e) Signostar saves the text of the contract. The order data and the General Terms and Conditions are sent to the customer by e-mail. If the customer has set up a customer account with Signostar, the details of the order can also be viewed online at www.signostar.de in the user profile under "Orders". The General Terms and Conditions can also be viewed, printed and saved at https://www.signostar.de/agb/.
§ 3 Delivery and dispatch
(1) Unless otherwise agreed or stated by Signostar, delivery will be made within approximately 10-14 days.
(2) If Signostar is unable to meet delivery deadlines for reasons for which Signostar is not responsible (non-availability of the service), Signostar will inform the customer immediately and at the same time inform him of the expected new delivery deadline. If the service is also not available within the new delivery period, Signostar is entitled to withdraw from the contract in whole or in part; Signostar will immediately refund any consideration already paid by the customer. A case of non-availability of the service in this sense shall be deemed to be in particular the non-timely self-delivery by a supplier if Signostar has concluded a congruent hedging transaction, neither Signostar nor its supplier is at fault or Signostar is not obliged to procure in the individual case.
(3) Delivery shall be ex warehouse, which is also the place of performance. At the request of the customer, Signostar will deliver the order to a place of delivery to be determined by the customer (mail order). Delivery is made to Germany, Austria and Switzerland. If not all ordered products are in stock, Signostar is entitled to make partial deliveries at its own expense, provided this is reasonable for the customer.
(4) Delivery will be made by a shipping service provider to be chosen by Signostar at its reasonable discretion.
§ 4 Prices and shipping costs
(1) For customers from EU countries, the stated prices are final prices. They include the applicable statutory taxes, in particular value added tax and other price components. Shipping costs are invoiced separately and shown separately in this invoice. The delivery address is decisive.
(2) For customers outside the EU, all prices stated are net prices. The delivery address is decisive. For deliveries outside the EU, additional customs duties, taxes (in particular value added tax) and other charges may be incurred, which are to be borne by the customer. These duties are not paid by Signostar or charged to the customer by Signostar. Further information can be found, for example, at http://ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm and on import VAT at http://auskunft.ezt-online.de/ezto/Welcome.do and specifically for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.
(3) Unless otherwise agreed or stated during the order process, the customer shall bear shipping costs, which may depend on the order value and the place to which delivery is to be made. The corresponding shipping costs can be viewed at www.signostar.de and are displayed to the customer during the order process. If the contract is effectively revoked by the customer, the customer may demand reimbursement of shipping costs already paid (delivery costs) under the statutory conditions. If the customer exercises a right of revocation to which he is entitled pursuant to § 312d para. 1 sentence 1 BGB, he shall bear the regular costs of the return shipment if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a partial payment at the time of revocation, unless the delivered goods do not correspond to the ordered goods.
§ 5 Payment
(1) Payment shall be made at the customer's discretion by advance payment, Paypal or on account. Signostar reserves the right to limit the payment options that a customer can choose from during the order process depending on the order value, shipping region or other objective criteria. If the payment method prepayment is selected, Signostar will inform the customer of the relevant payment information; the invoice amount is to be transferred to the specified account within 10 days after conclusion of the contract. If payment is made by invoice, the purchase price and shipping costs are due and payable within 10 days of the invoice date; upon expiry of the aforementioned period, the customer shall be in default without the need for a further reminder. If payment is made via Paypal, the purchase price and shipping costs are due immediately.
(2) If the method of payment selected by the customer cannot be carried out despite contractual execution on the part of Signostar due to a breach of duty for which the customer is responsible, in particular because a direct debit from the customer's account is not possible due to insufficient funds in the customer's account or due to the provision of incorrect data, the customer must reimburse Signostar or the third party commissioned by the customer to carry out the processing for the additional costs incurred as a result.
(3) If the customer is in default of payment, Signostar is entitled to charge interest at a rate of 5% above the respective base interest rate of the European Central Bank from that point in time. Signostar reserves the right to prove and claim higher damages.
(4) Signostar is entitled to use the services of trustworthy third parties to process payment:
(a) In the event of default of payment by the customer, Signostar may assign its claims to a collection agency and transfer the personal data required for the processing of payment to this third party.
b) In the event that a third party is involved in the processing of the payment, the payment shall only be deemed to have been made in relation to Signostar when the amount has been made available to the third party in accordance with the contract so that the third party can dispose of it without restriction.
§ 6 Retention of title
(1) The goods remain the property of Signostar until all claims due to Signostar have been settled. If the customer is a merchant as defined by the German Commercial Code (HGB), Signostar retains title to all goods delivered until all payments arising from the business relationship have been received.
(2) If the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law, the following additional provisions apply:
a) Signostar retains ownership of the delivered goods until full payment of all current and future claims of Signostar arising from the purchase or work supply contract and an ongoing business relationship (secured claims).
b) The goods subject to retention of title may not be pledged to third parties or assigned as security before full payment of the secured claims. The customer must inform Signostar immediately if and insofar as third parties have access to the goods belonging to us.
c) In the event that the customer acts in breach of contract, in particular in the event of non-payment of the purchase price due, Signostar is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the reservation of title. The demand for return does not at the same time include the declaration of withdrawal; Signostar is rather entitled to demand only the return of the goods and to reserve the right of withdrawal. If the customer does not pay the due purchase price, Signostar may only assert these rights if Signostar has previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.
d) The customer is authorised to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition. (aa) The retention of title extends to the full value of the products created by processing, mixing or combining the goods, whereby Signostar is deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, the latter's right of ownership remains, Signostar shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same applies to the resulting product as to the goods delivered under reservation of title.
(bb) The customer hereby assigns to Signostar by way of security all claims against third parties arising from the resale of the goods or the product in total or in the amount of any co-ownership share of Signostar pursuant to the preceding paragraph. Signostar accepts the assignment. The obligations of the customer stated in paragraph 2 also apply in respect of the assigned claims.
(cc) The Customer remains authorised to collect the claim in addition to Signostar. Signostar undertakes not to collect the claim as long as the customer meets his payment obligations towards Signostar, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. However, if this is the case, Signostar may demand that the customer discloses the assigned claims and their debtors to Signostar, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
(dd) If the realisable value of the securities exceeds Signostar's claims by more than 10%, Signostar will release securities of Signostar's choice at the customer's request.
§ 7 Warranty
(1) In the event of a defect covered by warranty, the customer is entitled to demand subsequent performance, to withdraw from the contract or to reduce the purchase price in accordance with the statutory provisions. If the customer is an entrepreneur, Signostar is entitled to make a subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a reasonable part of the purchase price in relation to the defect. Signostar's customer service can be reached at:
a) telephone 0341 989 903 10 (for customers outside Germany +49 341 989 903 10) - telephone charges may be levied by the respective telephone providers for the connection to the German E-Plus mobile network - and
b) e-mail to email@example.com.
(2) The customer's claims for defects presuppose, insofar as the customer is a merchant, that the customer has fulfilled its statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB). If a defect is discovered during the inspection or later, Signostar must be notified immediately. The notification is deemed to be immediate if it is made within one week, whereby the timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, the customer, insofar as he is a merchant, must notify Signostar of obvious defects (including incorrect and short deliveries) within one week of delivery, whereby the timely dispatch of the notification is also sufficient to meet the deadline. If the customer fails to duly inspect and/or notify the defect, Signostar's warranty for the non-notified defect is excluded.
(3) The limitation period for warranty claims for the delivered goods is two years from delivery of the goods. If the customer is an entrepreneur, the limitation period is one year; this period also applies to contractual and non-contractual claims for damages based on a defect in the goods, unless the application of the regular statutory limitation period would lead to a shorter limitation period in individual cases; the statutory limitation period applies exclusively to claims for damages by the entrepreneur in accordance with § 9. The limitation periods of the Product Liability Act, for claims in rem of third parties for surrender of goods (§ 438 para. 1 no. 1 BGB), in the event of fraudulent intent on the part of the Seller (§ 438 para. 3 BGB) and for claims in supplier recourse in the event of final delivery to a consumer (§ 479 BGB) shall remain unaffected in any case.
§ 8 Liability
(1) Signostar's liability for breach of contractual and non-contractual obligations shall be governed by the statutory provisions unless otherwise stipulated in these General Terms and Conditions. Signostar is liable for damages, irrespective of the legal grounds, in the case of intent and gross negligence. In the case of simple negligence Signostar is only liable for
a) for damages resulting from injury to life, body or health or
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, Signostar's liability shall be limited to compensation for the foreseeable, typically occurring damage. Limitations of liability resulting from the above sentences do not apply if Signostar has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The same applies to claims by the customer under the Product Liability Act.
(2) Insofar as Signostar's liability is excluded or limited, this also applies to any personal liability for damages on the part of Signostar's employees, representatives and vicarious agents.
§ 9 Rights to print designs, release from liability
(1) If the customer transmits his own design for the order or otherwise influences the product (e.g. text personalisation), he warrants to Signostar that text and / or design may be used commercially by Signostar for the purposes of the order and that they do not violate any statutory provisions (in particular criminal laws) or third party rights (in particular any copyrights, personal rights, name rights or trademark rights).
(2) As a platform provider, Signostar is not able to check all orders created by customers in advance for any infringements of rights. Signostar reserves the right to reject orders received within the statutory acceptance period or to withdraw from the contract if, during the ordering process or after conclusion of the contract, it becomes known or is suspected that a print motif infringes the rights of third parties or statutory regulations.
(3) The customer shall indemnify Signostar against all claims and demands asserted against Signostar and affiliated companies due to the infringement of such third party rights, insofar as the customer is responsible for the breach of duty. The customer shall reimburse Signostar for all damages incurred, including defence costs.
§ 10 Technical and design deviations
Signostar reserves the right to make customary deviations in the ordered goods with regard to material quality, colour, weight, dimensions or design compared to the illustrations, descriptions and information in the online offers and in communications to the customer, insofar as these deviations result from the nature of the materials used or the technical production processes.
§ 11 Final provisions
(1) The customer is only entitled to offset against claims of Signostar if the customer's claim has been legally established or Signostar has acknowledged it or the customer's claim is undisputed. The customer is also entitled to set-off against claims of Signostar if he asserts notices of defects or counterclaims from the same purchase contract or contract for work and materials. The customer may only exercise a right of retention if the customer's claim is based on the same contractual relationship. (2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes in connection with an order placed with Signostar shall be Signostar's registered office. In these cases Signostar is also entitled to sue the customer at the customer's (residential) court of jurisdiction at Signostar's discretion.
(3) The contract in accordance with these General Terms and Conditions is subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Even without such clarification, the statutory provisions shall therefore apply unless they are amended or expressly excluded in these General Terms and Conditions. The conditions and effects of the retention of title pursuant to § 6 shall be governed by the law of the place where the goods are located, insofar as the choice of law in favour of German law is inadmissible or ineffective. (4) Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the contract.
invalid, the remainder of the contract shall not be affected thereby.
§ 12 Instruction and further information on the right of withdrawal according to § 312d para. 1 BGB (German Civil Code) for consumers
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Jörg Dudda, Schönbachstraße 56b, DE 04299 Leipzig, telephone: 0341 989 903 10, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 8.00 EUR.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To Jörg Dudda, Schönbachstraße 56b, DE 04299 Leipzig, e-mail: email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
Exceptions to the right of withdrawal
There is no right of withdrawal for contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 13 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.