Terms and Conditions

01 Scope and Provider

These Terms govern services and supplies by the Provider to consumers and businesses. This includes in particular design and brand services, web design and web development, consulting, strategy, audits, analyses, digital products, software licenses (Mac apps and comparable application software), templates, scripts, components, code snippets, digital assets, protected course or video content and individually agreed project services.

Provider:

Viktor Stark, Starks.Design
Reinhartserstrasse 18A
87437 Kempten
Germany

Email: info@starks.design
Phone: +49 175 5502447
VAT identification number: DE322140085

A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the legal transaction.

02 Subject matter

The subject matter of the contract is the respective agreed service or supply. This may include consulting, design, web, brand, audit or analysis services, a digital product, protected online access, a course or another individually agreed project service.

The specific scope of services, technical requirements, delivery times, rights of use, customer cooperation duties and other conditions result from the respective offer, product description, checkout, order confirmation or individual agreement.

03 Conclusion of contract

The presentation of services, products or prices on websites, in presentations or other materials does not constitute a legally binding offer but an invitation to submit an offer by the customer, unless expressly agreed otherwise.

For online orders, the customer submits a binding offer to purchase the products or services contained in the shopping cart by clicking the Buy now button. For individual projects, an offer is submitted by written or electronic commissioning.

The Provider accepts the customer's offer by sending an order confirmation by email, by providing a download, by granting access, by beginning performance or by other express acceptance. The contract is concluded only upon such acceptance.

The text of the contract is stored by the Provider and, where technically provided, sent to the customer by email. The Terms can be viewed at any time at starks.design/legal/agbs.

04 Prices and payment terms

All prices are stated in euros. For sales to consumers within the EU, statutory VAT is included unless otherwise indicated. For services to businesses, prices may be stated exclusive of statutory VAT; for intra-Community services to businesses with a valid VAT ID, the reverse-charge mechanism may apply.

Payment is made depending on the type of contract via the payment methods offered at checkout, by invoice or by an individually agreed payment method. Unless otherwise agreed, payment is due upon conclusion of the contract or upon invoicing.

Set-off against claims of the Provider is only permitted with undisputed or legally established counterclaims.

05 Delivery and provision

Performance, delivery or provision takes place depending on the type of contract either immediately after receipt of payment, within the delivery period stated in the offer or product description, or according to an individually agreed project schedule. Digital content may be provided by download link, customer account, protected access, email or another agreed method. For software licenses, provision takes place by sending a license key by email for activation within the respective application software.

For project and service contracts, the customer must provide required information, materials, access credentials, approvals and cooperation acts in good time, completely and correctly. Delays resulting from missing or late customer cooperation extend agreed deadlines appropriately.

06 Right of withdrawal for consumers

Consumers have a right of withdrawal in accordance with the statutory provisions. The detailed withdrawal instructions and the model withdrawal form are available at starks.design/legal/widerrufsbelehrung.

Expiry of the right of withdrawal for digital content and access: The right of withdrawal expires for contracts on the supply of digital content not supplied on a tangible medium or on the unlocking of digital access — including the unlocking of software licenses by means of a license key — if the Provider has begun performance of the contract after the consumer has expressly consented to the Provider beginning performance before the expiry of the withdrawal period and has acknowledged that, by giving such consent, the consumer loses the right of withdrawal upon the start of performance.

Services: For individually commissioned digital services, the Provider may begin performance before the expiry of the withdrawal period if the consumer expressly requests this. The right of withdrawal may expire after full performance in accordance with statutory rules.

Prior to provision or performance, the consumer is therefore asked to give the corresponding confirmations by means of checkboxes.

07 Rights of use and licences

Upon full payment, the customer receives the non-exclusive right of use described in the respective product or licence model for the digital content, course access or work results. The detailed licence terms (Personal, Commercial, Extended) are available at starks.design/legal/lizenzbedingungen and form part of the contract where applicable to the respective product.

Without the express permission of the Provider, it is prohibited to resell, redistribute, transfer for use to third parties or otherwise make available digital content, protected access or substantial parts thereof in a form that allows the resale of the content itself.

Property and copyright in the digital content, course content and individually created work results remain with the Provider unless expressly agreed otherwise.

08 Liability for defects in digital products

The statutory provisions apply to liability for defects, in particular sections 327d et seq. of the German Civil Code (BGB) for contracts on digital products with consumers.

The Provider supplies the digital content in the condition agreed at the time of conclusion of the contract. For application software, the scope of updates owed under § 327f BGB (in particular security and compatibility updates) is governed by the product-specific license terms (EULA) of the respective app. In the event of defects, the customer is entitled to subsequent performance. If subsequent performance fails, the customer may terminate the contract or reduce the price; in addition, statutory claims for damages exist within the scope of Section 09 of these Terms.

Vis-à-vis businesses, the limitation period for claims based on defects is one year from provision of the digital content.

09 Liability

The Provider is liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. For slight negligence, the Provider is liable without limitation for damage arising from injury to life, body or health.

For slight negligence, Starks.Design is otherwise only liable in the event of a breach of an essential contractual obligation (cardinal obligation), i.e. an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract. The above limitations of liability do not apply to damage arising from injury to life, body or health.

Otherwise, liability is excluded.

10 Data protection

The Provider processes the customer's personal data for the specified purposes and in accordance with the statutory provisions. Details are set out in the privacy policy at starks.design/legal/datenschutz.

11 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address: info@starks.design. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12 Final provisions

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the consumer is not deprived of the protection afforded by mandatory provisions of the law of the state of their habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider in Kempten.

Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.

Withdrawal Notice

01 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise the right of withdrawal, you must inform us (Viktor Stark, Starks.Design, Reinhartserstrasse 18A, 87437 Kempten, widerruf@starks.design) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

02 Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

03 Expiry of the right of withdrawal

The right of withdrawal expires for contracts on the supply of digital content not supplied on a tangible medium — this also includes the unlocking of a software license by sending a license key — if the trader has begun performance of the contract after the consumer has expressly consented to the trader beginning performance of the contract before the expiry of the withdrawal period and has acknowledged that, by giving such consent, the consumer loses the right of withdrawal upon the start of performance of the contract.

At checkout, you are therefore asked to give two separate declarations, each to be actively confirmed:

• First declaration: I expressly consent to Starks.Design beginning performance of the contract before the expiry of the withdrawal period.
• Second declaration: I acknowledge that I lose my right of withdrawal as soon as Starks.Design has begun performance of the contract.

04 Model withdrawal form

If you wish to withdraw from the contract, you may complete this form and return it to us.

To:
Viktor Stark, Starks.Design
Reinhartserstrasse 18A
87437 Kempten
Germany
widerruf@starks.design

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*) / the supply of the following service (*):

• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.

05 Exclusion or early expiry

Otherwise, the statutory grounds for exclusion under section 356 of the German Civil Code (BGB) apply. In particular, there is no right of withdrawal for contracts on the supply of goods made to the consumer's specifications or clearly tailored to personal needs.

Mandatory Pre-Contractual Information

01 Identity of the provider

Viktor Stark, Starks.Design (sole proprietor)
Reinhartserstrasse 18A
87437 Kempten
Germany

02 Contact details

Phone: +49 175 5502447
Email: info@starks.design
Website: starks.design

Quick contact and efficient communication are ensured via the email address provided.

03 Main characteristics of the goods or service

The subject matter of the contract is digital content (e.g. templates, scripts, components, code snippets) provided as a download, as well as application software (e.g. Mac apps) unlocked by a license key sent by email. The main characteristics of each product (scope of functionality, technical requirements, compatibility, scope of licence) are set out on the respective product detail page in the shop.

04 Minimum term of the contract

These are one-off contracts without a minimum term. The contract is fulfilled upon provision of the digital content.

05 Total price and taxes

The total price of the goods or service, including all related taxes, is shown in the shopping cart and at checkout before conclusion of the contract. For sales to consumers within the EU, statutory VAT is included.

06 Additional delivery and shipping costs

As only digital content without a tangible medium is supplied, no delivery or shipping costs apply.

07 Payment, delivery and performance terms

Payment is made via the methods offered at checkout (credit card, SEPA direct debit and additional methods processed via Stripe). Delivery of the digital content takes place immediately after conclusion of the contract and full receipt of payment, by means of a download link, provision in the customer account or dispatch of a license key for activation in the application software.

08 Time of delivery or performance

The digital content is provided immediately after conclusion of the contract and receipt of payment, usually within a few minutes.

09 Complaints handling procedure

Complaints can be submitted at any time by email to info@starks.design. We aim to handle complaints promptly and respond within five business days.

10 Statutory liability for defects

Statutory rights regarding liability for defects in digital products apply pursuant to sections 327d et seq. of the German Civil Code (BGB). Details are set out in Section 08 of our Terms.

11 Customer service and guarantees

Customer service is available by email at info@starks.design. No additional guarantees beyond statutory liability for defects are provided unless expressly stated on the product detail page.

12 Codes of conduct

The Provider has not subscribed to any relevant codes of conduct.

13 Contract duration and termination conditions

For one-off purchases, there is no contract term; the contract ends upon full performance. Where alternative contract models (e.g. subscriptions) are offered, the respective term and termination conditions are set out on the product detail page.

14 Right of withdrawal

Consumers have a right of withdrawal in accordance with statutory provisions. The detailed withdrawal notice and the model withdrawal form are available at starks.design/legal/widerrufsbelehrung. With regard to the supply of digital content, the right of withdrawal expires in accordance with section 356(6) of the German Civil Code (BGB) — this also covers the unlocking of software licenses by means of a license key —; see the corresponding notices in the checkout.

15 Costs in the event of early termination

No costs are incurred in the event of effective withdrawal before performance of the contract has begun. If the consumer has expressly consented to performance beginning before the expiry of the withdrawal period and the digital content or software license key has already been provided, the right of withdrawal has expired (see point 14).

16 Functionality of digital content and technical protection measures

The digital content is provided in the file formats stated on the product detail page. For Design Assets, no technical protection measures are used that restrict the use of the content; the license-based restrictions are set out in the license terms at starks.design/legal/lizenzbedingungen. For application software, we use the following technical protection measures: license activation by license key, a server-side check of the number of activated devices, and a functional usage restriction without a valid license (e.g. time-limited unrestricted use per program launch followed by a functional degradation). Details on the scope and effect of these measures are set out on the product detail page and in the product-specific license terms (EULA) at starks.design/legal/app-lizenzbedingungen.

17 Interoperability of digital content

Interoperability (e.g. required software, browser, operating system) is indicated on the product detail page where it is material for the average user.

18 Out-of-court dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address: info@starks.design. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

19 Storage of the contract text

The text of the contract is stored by the Provider and sent to the customer with the order confirmation by email. The applicable Terms can also be viewed at any time at starks.design/legal/agbs.

For questions regarding these Terms, please contact us at info@starks.design.

This notice reflects the state of statutory requirements as of the date stated above. For questions regarding withdrawal, please contact widerruf@starks.design.

This mandatory information is provided as of 17 July 2026. For questions, please contact us at info@starks.design.

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