Terms of service
General terms and conditions of sale
These terms and conditions apply to all purchases from beadstars FAIRworldwide GmbH https://beadstars.shop/policies/legal-notice, which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany or other countries, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Conclusion of contract
The presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a purchase contract.
By placing an order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you provided.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at https://beadstars.shop/policies/shipping-policy. We shall bear the regular costs of the return shipment incurred in the event of a return of the goods by you in exercise of your right of revocation https://beadstars.shop/policies/refund-policy. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made upon delivery by
- credit card
Default of payment
If you are in default of payment, beadstars is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If beadstars can prove a higher damage caused by delay, beadstars is entitled to claim this damage.
Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) The delivery takes place to the delivery address given by the customer, within - Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, beadstars' obligation to perform is excluded. Already paid amounts will be refunded by beadstars immediately.
(3) beadstars can also refuse the service, as far as this requires an effort, which is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract under consideration of the content of the purchase contract and the dictates of good faith. Already paid amounts will be refunded by beadstars immediately.
(4) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by a forwarding agency. beadstars explicitly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until the complete settlement of all claims existing against the customer from the purchase contract, the delivered goods remain the property of beadstars. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
(1) A product which is already defective upon delivery (warranty case) will be replaced by a defect-free product or repaired professionally (supplementary performance) at the customer's option and at beadstars' expense. The customer is informed that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in case of damages caused by the fact that the products have been exposed to harmful external influences at the customer (especially extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) beadstars furthermore does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which is grossly disproportionate to the customer's interest in performance considering the product price, taking into account the content of the contract and the dictates of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the importance of the defect and the question whether the other type of supplementary performance can be resorted to without considerable disadvantages for the customer - the customer's claim is limited to the respective other type of supplementary performance. The right of beadstars to refuse also this other kind of supplementary performance under the aforementioned condition remains unaffected.
(4) In case of repair as well as in case of replacement the customer is obliged to send the product at the expense of beadstars to the return address given by beadstars stating the order number. Before sending in the product, the customer has to remove objects inserted by him from the product. beadstars is not obliged to examine the product for the installation of such objects. beadstars is not liable for the loss of such items, unless it was readily apparent to beadstars at the time of return of the product that such an item had been inserted into the product (in this case beadstars will inform the customer and hold the item ready for collection by the customer; the customer will bear the costs incurred in doing so). Furthermore, before sending a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on a separate data carrier that are on the product and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if beadstars is responsible for the deterioration or loss or if the damage would also have occurred at beadstars,
c) if the deterioration or the loss has occurred at the customer although he has observed that care which he is used to apply in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) The legal warranty of beadstars ends two years after delivery of the goods. The period begins with the receipt of the goods.
The contract concluded between you and beadstars is exclusively subject to the law of the Federal Republic of Germany under explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Diepholz, Germany.
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.