A. Consumer

§ 1 Scope of Application

1. The following General Terms and Conditions ("Terms") apply to all offers, purchase contracts, deliveries, and services between STAR COOPERATION ("SC") and consumers as buyers ("Customer") through the STAR online shop https://lifestyle.dmgmori.com/. All our deliveries and services are based on these Terms and any separate contractual agreements unless otherwise agreed. Deviating terms and conditions of the customer will only become part of the contract with our explicit written consent.
2. A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

§ 2 Conclusion of the Contract

1. The customer can select products from those displayed on the SC website and place them in a shopping cart. To do this, the customer must click the "Add to Cart" button. Before placing the order, the customer can view and modify the data at any time and must check the boxes "I accept the terms and conditions" and "I accept the privacy policy" before submitting the order. By doing so, the customer accepts SC's terms and conditions, which become part of the purchase contract.
   To make a binding offer to purchase the goods in the shopping cart, the customer then clicks the "Place Order with Obligation to Pay" button.
2. SC will send an automated order confirmation to the customer via email. This confirmation will list the customer's order again. The entire contract text, consisting of the order, terms and conditions, and order confirmation, will also be included in this email. The customer can print the order using the "Print" function. This automated confirmation of receipt does not constitute an acceptance of the offer (order), but only confirms that the customer's order has been received by SC. A contract is only concluded when we accept the customer's order either through a separate declaration of acceptance or by delivering the ordered goods.
3. If the product ordered by the customer is unavailable, SC will refrain from accepting the customer's offer. In the case of non-acceptance of the customer's offer, SC will inform the customer within three working days of receiving the customer's offer and promptly refund any payments already made.
4. All documents will be made available in both German and English.

§ 3 Scope of Delivery and Service, Delivery Times, Product Availability, Returns

1. The delivery times specified in the sales offer are calculated from the time of full payment of the purchase price.
2. Customers will be informed about the delivery time in the shopping cart as well as before placing the order.
3. If SC does not have the ordered goods available at the time of the customer's order or is unable to deliver them on time, the customer will be informed immediately.
4. In the case of delivery obstacles for which we are not responsible and which were unforeseen, such as force majeure, strikes, pandemics, and other events beyond our control, the delivery and performance times will be extended for the duration of the obstacle. After 3 months, if the obstacle has not been resolved, either party is entitled to withdraw from the contract, with the consequence that the parties return any current services provided.
5. A return must be reported in advance by indicating the order number to the support team at service@lifestyle.dmgmori.com. Subsequently, the support team will create a return label and send it via email. Return costs must be paid when the package is dropped off at the access point of the shipping service provider associated with the return label.

§ 4 Prices

1. Our prices are listed in the shop as gross prices, including VAT. The customer bears the costs for any changes to the order. The agreed prices are not binding for repeat orders.
2. The shipping costs are specified in the order form and are to be borne by the customer. This only applies if the customer does not exercise their right of withdrawal. The goods will be shipped by postal delivery. SC assumes the shipping risk. In the event of a withdrawal, the customer must bear the direct costs of the return shipment.
3. The customer will be informed about the return costs after registering the return with 1st Level Support.

§ 5 Payment Terms

The customer can pay the purchase price via PayPal. When using PayPal, the payment processing is handled by PayPal (Europe) S.a.r.l et Cie, S.C.A (22-24 Boulevard Royal L-2449, Luxembourg).

§ 6 Warranty for Defects

1. SC is liable for material defects according to the applicable legal provisions. In particular, reference is made to § 434 et seq. of the German Civil Code (BGB).
2. An additional warranty exists for the goods offered and delivered by SC only if such a warranty statement has been expressly given for the respective item in the order confirmation.

§ 7 Compensation for Damages and Other Liability

1. The customer is entitled to claim damages solely for damages caused by:
1. the violation of essential contractual obligations; essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose adherence the contractual partner can rely and also trust,
2. injury to life, body, or health,
3. intentional or grossly negligent breach of duty,
4. fraudulent intent,
5. a guarantee or warranty on quality,
6. the Product Liability Act,
7. any other mandatory legal liability provisions.
2. Damages under paragraph 1, item a, are limited to the typical, foreseeable damage unless the conditions for unlimited liability are met.
3. SC is also liable for damages caused by legal representatives and vicarious agents in accordance with paragraphs 1 and 2.

§ 8 Vouchers

1. Consumers can purchase vouchers as a means of payment for themselves or for third parties. These can be purchased like other items available in the shop.
2. Once you have a balance, you can use it to pay for your order. During the ordering process, you will have the option to redeem your balance. If the balance is less than the total value of the items, you must choose your preferred payment method for the difference. If your balance exceeds the value of the items, the remaining balance will be available for your next order.

§ 9 Right of Withdrawal

1. Consumers have a statutory right of withdrawal when entering into a distance contract, which SC will inform you about in accordance with the legal template below. Exceptions to the right of withdrawal are governed in paragraph 2. A sample withdrawal form is provided in paragraph 3.

Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory.

In order to meet the withdrawal deadline, it is sufficient for you to send the notice of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including the costs of delivery (except for the additional costs resulting from you choosing a type of delivery other than the least expensive standard delivery offered by us), without delay and in any case no later than fourteen days from the day on which we were informed of your decision to withdraw from this contract. For this refund, we will use the same payment method you used for the original transaction unless explicitly agreed otherwise; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods without delay and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this loss in value is due to handling them in a way that was not necessary to establish the nature, characteristics, and functioning of the goods.

2. The right of withdrawal does not apply to contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
3. SC informs about the model withdrawal form according to the legal regulation as follows:



Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)


— To STAR COOPERATION GmbH, Otto-Lilienthal-Str. 5, 71034 Böblingen

E-Mail: service@lifestyle.dmgmori.com

Phone: +49 7031 6288-300

— I/we (*) hereby withdraw from 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 the consumer(s) (only if communicated on paper) ___________________________________________________________

— Date ___________________

(*) Delete as appropriate

§ 10 Final Provisions

1. The contracts between SC and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. To the extent that mandatory provisions of the country where the customer has their habitual residence as a consumer limit the choice of law or specify the applicability of mandatory provisions, these remain unaffected.
2. If individual provisions of this contract are or become legally invalid, the contract will remain binding in its other parts. The invalid provisions will be replaced by the applicable statutory provisions. If this would cause unreasonable hardship for one of the parties to the contract, the entire contract will be void.
3. The European Commission provides a platform for online dispute resolution (OS platform). In accordance with Section 14 (2) of the ODR Regulation, we declare that there is no willingness or obligation to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG (Consumer Dispute Resolution Act)).
4. The customer is aware that data from business transactions, including personal data, must be stored and processed as necessary for business purposes and may be transmitted to third parties. The customer agrees to this data collection and processing.

B. Entrepreneur

§ 1 Scope of Application

1. The following General Terms and Conditions ("Terms") apply to all offers, purchase contracts, deliveries, and services between STAR COOPERATION ("SC") and an entrepreneur according to § 14 BGB, a legal entity under public law, or a public-law special fund as the buyer ("Customer") through the STAR online shop https://lifestyle.dmgmori.com/.
2. These Terms apply exclusively in their version valid at the time of the order. Deviating terms and conditions of the customer only become part of the contract with the express written consent of SC. This also applies if the customer refers to their terms and conditions in their order, and SC does not expressly object.
3. Individual agreements as well as details in the SC order confirmation take precedence over these Terms.
4. Legally significant declarations, changes, and side agreements regarding orders and the underlying conditions require written form to be effective. Except for managing directors or authorized signatories, employees of SC are not authorized to make oral agreements deviating from the written agreement. The written form within these Terms includes the text form. Stricter statutory form requirements remain unaffected.

§ 2 Conclusion of the Contract

1. The offers in the SC online shops are non-binding and subject to change.
2. The customer's order of goods is considered a binding offer to enter into a contract.
3. Acceptance occurs through written order confirmation or dispatch of the goods.
4. All documents are made available in both German and English.

§ 3 Performance, Place of Fulfillment

1. The order confirmation is decisive for the scope and content of the performance, particularly the quality of the goods. A warranty for performance beyond this requires an explicit warranty statement.
2. Deliveries are made from stock. This is the place of fulfillment and performance.
3. The risk of accidental loss or damage passes to the customer once the goods are made available for delivery or are ready for pick-up and the customer has been notified. If, at the customer's request and at their expense, the goods are shipped to a location other than the place of performance (shipping purchase), the risk passes upon handover to the carrier. We determine the appropriate shipping method (carrier, packaging, shipping route, etc.) at our reasonable discretion. If SC has taken over transportation or installation, the risk passes to the customer upon delivery of the goods.
4. The shipment will only be insured against transport risks at the customer's express request and at their cost.

§ 4 Delivery Times, Availability of Goods

1. You will be informed about the delivery time in the shopping cart and before placing the order.
2. The delivery times are calculated from the time of complete payment of the purchase price.
3. An agreed delivery time is considered met if the goods are shipped on time or if the readiness for shipment is communicated to the customer.
4. In the event of unforeseeable delivery obstacles, not attributable to SC, of a temporary nature, such as force majeure, labor disputes, pandemics, or other events beyond SC's control, the delivery and performance times are extended by the duration of the obstacle. After a period of 3 (three) months without resolution of the obstacle, either party is entitled to withdraw from the contract, resulting in the return of the respective performances.

§ 5 Prices and Payment

1. Prices are gross prices including VAT, excluding shipping costs. The customer bears the costs for order modifications. Prices for reorders are not binding.

§ 6 Warranty for Defects

1. SC provides warranty for defects according to statutory regulations, unless otherwise specified.
2. If the goods are defective, SC can, at its discretion, provide a remedy by either repairing the defect or delivering defect-free goods.
3. The customer must return the defective goods to SC upon request and at SC's expense. The customer is required to inspect the goods promptly and notify SC of any defects discovered. Otherwise, the goods will be deemed approved, and warranty and liability for the defect will be excluded. This does not apply if the defect could not have been discovered through proper and prompt inspection (hidden defect) or was fraudulently concealed; hidden defects must be reported immediately after discovery, or the goods will be deemed approved in this regard as well.
4. The costs required for the remedy of defects are borne by SC unless these costs are increased due to the goods being transported to a place other than the place of performance, unless this corresponds to their intended use.
5. The warranty period is one year from receipt of the goods. If the receipt of the goods is delayed due to a reason for which the customer is responsible, the warranty period begins once SC has made the goods available to the customer as required under § 3.

§ 7 Compensation for Defects and Other Liability

1. The customer is entitled to compensation solely for damages arising from:
   1. Violation of essential contractual obligations; essential contractual obligations are those whose fulfillment makes proper contract execution possible and on which the contractual partner can rely and must rely,
   2. Injury to life, body, or health,
   3. Intentional or grossly negligent breach of duty,
   4. Fraudulent concealment,
   5. A warranty or agreement on the quality of goods,
   6. The Product Liability Act,
   7. Other mandatory statutory liability provisions.
2. Damages under paragraph 1, item a, are limited to typical, foreseeable damages, unless the conditions for unlimited liability are also met.
3. SC is liable for statutory representatives and vicarious agents as specified in paragraphs 1 and 2.

§ 8 Final Provisions

1. Contracts between SC and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of performance and exclusive jurisdiction for all disputes arising from or in connection with this contract is Stuttgart. SC may also sue the customer at their general place of jurisdiction.
3. If individual provisions of this contract are legally ineffective or become ineffective, the contract remains binding in its other parts. The ineffective provisions are replaced by statutory provisions. If this would result in an unreasonable hardship for one party, the entire contract becomes void.
4. The customer is aware that data from business transactions, including personal data, must be stored, processed, and transmitted to third parties as required for business purposes. Further information regarding the processing of customer data can be found in the privacy policy.