Sternenflut

Fashion handmade in Dresden

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by MaGu

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by MaGu

Shop policies

Last updated on May 19, 2022
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Cancellations

Cancellations: not accepted

Please contact the seller if you have any problems with your order.

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Terms and Conditions of Sternenflut

General Terms and Conditions/Consumer Information

§ 1 Basic provisions (as of 28.06.10)

(1) The following terms and conditions apply to all contracts between Sternenflut, Friedrich-Wieck-Str.22, 01326 Dresden, Germany - hereinafter referred to as the provider - and the customer - hereinafter referred to as the customer - which are concluded via the Etsy Internet platform. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor independent professional activity.

(2) The contract language is german. The text of the contract is stored by the provider. However, the storage is only temporary, so the customer must ensure a printout or a separate storage himself.

§ 2 Subject matter of the contract

The object of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the website of the provider.

§ 3 Conclusion of the contract

(1) If an article is posted by the provider on Etsy, the activation of the offer page at Etsy constitutes the binding offer to conclude a purchase contract under the conditions contained in the article page.

(2) The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the order form, the personal data as well as the payment and shipping conditions are entered. Before sending the order, the customer has the option of checking all information again, changing it (also via the "back" function of the Internet browser) or cancelling the purchase. By sending the order via the corresponding button, the purchase contract is binding.

§ 4 Prices, shipping costs

The prices quoted in the respective offers represent final prices. They include all price components including all applicable taxes.
If the delivery is made to non-EU countries, further customs duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to check the details with the customs or tax authorities before ordering.
The shipping costs incurred are not included in the purchase price, they are based on the respective concrete offer and the shipping information provided therein.

§ 5 Terms of payment and shipping

(1) The payment options mentioned in the specific offer are available to the customer.
A cash payment and collection of the goods is possible, as far as expressly noted in the item description.
The purchase price plus delivery and shipping costs is to be paid no later than 3 days after receipt of the request for payment, if payment on account is permitted in the item description, the amount is due 14 days after receipt of the goods and the invoice.

(2) The delivery of the goods takes place exclusively to the countries that are expressly stated in the individual articles or shipping conditions.
Unless otherwise stated in the item description, the goods will be shipped within 2 working days after conclusion of the contract, in the case of advance payment only after receipt of the full purchase price and shipping costs.

(3) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform the provider and the forwarder of complaints as soon as possible. The warranty claims of the customer remain unaffected by this.
Insofar as the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipment shall only pass to the customer upon handover of the goods, regardless of whether the shipment is insured or uninsured.
If the customer is not a consumer, delivery and dispatch shall be at his own risk.
The goods remain the property of the provider until full payment of the purchase price.

(4) It is agreed that in the event of exercising the right of revocation applicable to consumers in the case of distance contracts, the customer must bear the regular costs of the return in accordance with § 357 (2) BGB if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 40 euros or if the customer does not yet receive the consideration or a contractually agreed partial payment has been made.

§ 6 Warranty

(1) The statutory provisions shall apply.
In the case of used goods, the warranty period is one year from delivery of the goods, deviating from the statutory regulation. The one-year warranty period does not apply to culpably caused damages attributable to the provider from injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the provider, as well as in the case of recourse claims according to §§ 478, 479 BGB.

(2) Insofar as the customer is an entrepreneur, the following shall apply in deviation from paragraph 1:
a)
Only the supplier's own information and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public praise and statements of the manufacturer.
b)
The customer is obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify the provider in writing of obvious defects within 7 days of receipt of the goods, timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery.
In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
c)
In the event of defects, the Provider shall, at its discretion, provide warranty by repair or replacement.
If the remedy of the defect fails twice, the customer may, at his discretion, demand a reduction or withdraw from the contract.
In the event of rectification, the supplier does not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
d)
The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to the provider from injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the provider, as well as in the case of recourse claims according to §§ 478, 479 BGB.

§ 7 Retention of title

If the customer is an entrepreneur, the following also applies:
a)
The provider reserves title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
b)
The customer may resell the goods in the ordinary course of business.
In this case, he hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment.
The customer is further authorized to collect the claim. However, if he does not properly meet his payment obligations, the provider reserves the right to collect the claim himself.
c)
In the event of combination and mixing of the reserved goods, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d)
The Provider undertakes to release the securities to which it is entitled at the request of the Customer to the extent that the realisable value of the Provider's securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the provider.

§ 8 Liability

(1) The provider is liable without restriction for damages resulting from injury to life, limb or health, insofar as he fraudulently conceals a defect or has assumed a guarantee for the quality of the object of purchase, in all cases of intent and gross negligence, in the case of damage according to the Product Liability Act or insofar as otherwise mandatory statutory provisions.

(2) If essential obligations from the contract are affected, the violation of which endangers the achievement of the purpose of the contract, the liability of the provider in the event of slight negligence is limited to the contractually typical, foreseeable damage.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 9 Place of performance, place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

The place of performance for all services arising from the business relationships existing with the customer as well as the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer, but a merchant, a legal entity under public law or a special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

§ 10 Notes on battery disposal

In connection with the distribution of batteries or with the supply of equipment containing batteries,
the provider is obliged to inform the customer of the following:
The customer is legally obliged to return used batteries as an end user. He may return used batteries, which the supplier carries or has carried as new batteries in the assortment, free of charge to the shipping warehouse (shipping address) of the provider.
The symbols depicted on the batteries have the following meanings:
The symbol of the crossed-out garbage can means that the battery will not be placed in the household waste
may.
Pb = Battery contains more than 0.004 percent by mass of lead
Cd = Battery contains more than 0.002 percent by mass cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury.

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Privacy policy

We inform you that the data transmitted by you in the course of business transactions will be processed and stored with the help of a computer system. Personal data will of course be treated confidentially.

Collection, processing and use of personal data
We collect personal data (individual information about personal or factual circumstances of an identified or identifiable natural person) only to the extent provided by you.
The processing and use of your personal data takes place for the fulfilment and processing of the contractually agreed services as well as for the processing of your inquiries.
After completion of the contract, the data will first be stored taking into account tax and commercial retention periods and then deleted after expiry of the period, unless you have consented to further processing and use.

Disclosure of personal data
We do not pass on your personal data to third parties. The only exceptions to this are our service partners, which we need to process the contractual relationship. In these cases, we strictly observe the requirements of the Federal Data Protection Act. The scope of data transmission is limited to a minimum.

Information, correction, blocking and deletion of data
You have the right to free information about your stored data as well as the right to correction, deletion or blocking at any time. Contact us on request. The contact details can be found in our imprint.

Cancellation or return policy

Cancellation or return policy

Right of withdrawal for consumers
(A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity)

Cancellation

Withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.B letter, fax, e-mail) or – if the item is handed over to you before the deadline expires – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312g abs. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period, the timely dispatch of the revocation or the item is sufficient.
The revocation must be sent to:
Sternenflut, Friedrich-Wieck-Str. 22, 01326 Dresden

Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.B interest) shall be surrendered. If you are unable to return or surrender to us the received service and benefits (e.B. benefits of use) or only partially or only in a deteriorated condition, you must pay us compensation for the value in this respect. For the deterioration of the item and for benefits derived, you only have to pay compensation for the value if the use or deterioration is due to a handling of the item that goes beyond the examination of the properties and functionality. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop, for example.
Items that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

Exclusion of the right of withdrawal
The right of revocation does not apply, among other things, to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or which are not suitable for return due to their nature or can spoil quickly or whose expiry date would be exceeded, for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you and for Delivery of newspapers, magazines and magazines (unless you have submitted your contractual declaration for the delivery of newspapers, magazines and magazines by telephone).
End of the cancellation policy

Please note:
As far as possible, please do not send the goods back to us carriage forward but as a stamped package. We will also be happy to reimburse you in advance for the postage costs, insofar as we have to bear the return costs.
Please avoid damage and contamination of the goods. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If you no longer have the original packaging, please ensure suitable packaging to avoid transport damage.
The above modalities are not a prerequisite for the effective exercise of the right of withdrawal.

Payment and shipping details

♥DEAR CUSTOMERS♥,
Please note BEFORE the purchase and therefore LATER in the evaluation that our articles are not in stock, mass-produced goods off the shelf. Delivery takes place within 10 working days (except Saturdays, Sundays and public holidays) AFTER RECEIPT OF MONEY.

Please contact us in good time if you have any questions or problems, all mails will be answered quickly.
We are a small team and work hard, with a lot of love and with some overtime to make a lot possible for you:
e.B. Production according to customer specifications (size, color and fabric variants according to customer requirements, etc.) and a free MODIFICATION SERVICE.

Shipping

Cancellation
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Cancellation Policy & Cancellation Form
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Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:


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A. Cancellation policy
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Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Maria Gubsch, Sternenflut, Friedrich-Wieck-Str. 22, 01326 Dresden, Germany, Tel.: 0351 8629065, E-Mail: info [!at] sternenflut.de) of your decision to revoke this contract by means of a clear declaration (e.B. a letter sent by post or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 any fees for this repayment. We may withhold reimbursement 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 immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.

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B. Withdrawal form
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If you want to cancel the contract, please fill out this form and send it back.
At
Maria Gubsch
Star Flood
Friedrich-Wieck-Str. 22
D-01326 Dresden
Germany
E-mail: info [!at] sternenflut.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ________ / received on (*) __
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Name of consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only in case of notification on paper)
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Date
(*) Delete as appropriate

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Copyright notice: This cancellation policy was created by the experts of the IT-Recht law firm under the DOCID: ##ITK-85c3848dc4a12e1d2de286ad1cd7e431## and is protected by copyright (www.it-recht-kanzlei.de).


Version: 201710211848