Terms and Conditions

§ 1 Scope of Application & Contract Language

1. The present general terms and conditions (GTC) apply to the contracts concluded between you and us, STARK by Lwax, Kibugumo, Dar-es-Salaam, Tanzania, represented by the managing directors via this online shop.
2. The language available for the conclusion of the contract is exclusively English. Translations of these Terms and Conditions into other languages ​​are for your information only. In the event of any differences between the language versions, the English text takes precedence.

§ 2 Applicable law; mandatory consumer protection regulations

1. The law of the Republic of Tanzania applies without the possibility of recourse to the UN Convention for the International Sale of Goods if
   • you have your habitual residence in Tanzania, or
   • Your habitual residence is in a country that is not a member of the African Union.
2. In the event that you have your habitual residence in a member state of the African Union, Tanzanian law also applies.

§ 3 Formation of the contract

1. The presentation of the goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order.
2. By clicking the “Buy” button in the last step of the ordering process, you make a binding offer to purchase the goods and/or services displayed in the order overview. You will receive an order confirmation immediately after sending the order, but this does not yet represent acceptance of your contract offer. A contract between you and us is formed as soon as we dispatch the goods. Please check the SPAM folder of your email inbox regularly.

§ 4 Steps to contract conclusion & Changing contact details

As part of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity at any time or remove selected goods completely. If you have stored goods there, by clicking on the “Next” button you will first get to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct input errors (e.g. regarding payment method, data or the desired quantity) by clicking on “Change” in the respective field. If you want to cancel the ordering process completely, you can simply close your browser window.  

§ 5 Storage of the text of the contract

The contractual provisions with information on the ordered goods and/or services, including these general terms and conditions, will be sent to you by e-mail with the acceptance of the contract offer or with the notification of this. We do not store the contractual provisions.      

§ 6 Registration in our online shop; processing of your personal data

1. You can order goods in our online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal data every time. You can simply log in to your customer account before or as part of an order with your e-mail address and the password you chose when registering. With the registration alone there is no obligation to buy the goods we offer.
2. Information on the processing of your data can be found in our data protection declaration, which you can access in our online shop.

§ 7 Terms of Payment

1. The purchase price is due immediately upon ordering.
2. You can choose to pay for the goods by credit card or by bank transfer through our payment service providers PayPal, Afterpay, Clearpay, Stripe or Klarna.

§ 8 Retention of title

The merchandise shall remain our property until full payment is received by us.

§ 9 Terms of Delivery; Customs duties

1. We deliver the goods in accordance with the agreements made with you in the ordering process. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.
2. We endeavor to hand over your order to the shipping service provider within 1-2 working days and to deliver it to you within the agreed delivery time. During the high season and ongoing sales, however, longer processing and delivery times may occur.
3. When shipping to non-Tanzanian countries, additional taxes or costs (e.g. customs duties) may be incurred as part of your order, which are not paid through us or invoiced by us, but by you directly to the responsible customs authority.

§ 10 Right of Withdrawal

You have NO right to withdraw from this contract with exception of §11.

§ 11 Warranty for purchases of goods

If the goods purchased and delivered in our online shop are defective, you are entitled to demand supplementary performance, to withdraw from the contract or to reduce the purchase price (so-called warranty rights). You are entitled to these warranty rights if the defects in the goods already existed at the time of delivery to you. In the case of defects that become apparent after receipt of the goods, we assume that these defects, you are entitled to warranty rights if you can prove to us that these defects already existed at the time of delivery to you.

§ 12 Limitation of Liability

1. We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. The same applies to breaches of duty by our vicarious agents.
2. The above exclusions of liability do not apply in the event of injury to life or health. Liability under the Product Liability Act remains unaffected.

§ 13 Online Dispute Resolution and Alternative Dispute Resolution; severability clause

1. You agree that you and STARK by Lwax will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Conditions in connection with any of the Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and STARK by Lwax further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with any of the Sites.
2. The terms of this provision will also apply to any claims asserted by you against any of STARK by Lwax’s affiliates, to the extent that any such claims arise out of your access to, and/or use of any of the Sites, and/or the provision of content, services, and/or technology on or through any of the Sites.

Last updated: December 4, 2024