These Terms and Conditions (hereinafter the Terms) govern all contracts concluded between Viktor Stark, Starks.Design (hereinafter the Provider) and a customer. They cover in particular design, web, brand, consulting and implementation services, digital products, protected online access, courses, audits, analyses and individually agreed project services. Conflicting terms of the customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

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, 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 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 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. 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.

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