General Terms and Conditions of Florian Fenkes Avustaja (www.avustaja.de)
§ 1 Scope of Application
(1) These general terms and conditions apply to all orders that you place with the online shop of
Telephone: +49 2152 9949088,
(2) The goods offered in our online shop are exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already now contradicted.
(4) The contract language is exclusively German.
(5) You can access and print the currently valid General Terms and Conditions on the website.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button "order payable" you submit a binding purchase offer (§ 145 BGB (German Civil Code)).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.
§ 3 Prices
The prices quoted on the product pages include the statutory value added tax (VAT) and other price components and do not include the respective shipping costs.
§ 4 Zahlungsbedingungen; Verzug
(1) Payment shall be made optionally:
-Prepayment Bank transfer
(2) When selecting the payment method prepayment Bank transfer, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(3) When paying by direct debit, you may have to bear any costs incurred as a result of a reverse posting of a payment transaction due to lack of account coverage or due to incorrectly transmitted bank account data.
(4) If you fall into arrears with a payment, you shall be obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless a lower or higher damage is proven in the individual case.
§ 5 Set-off/Retention Right
(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal:
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party designated by you other than the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform
by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us).
We will use the same payment method used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the withdrawal from this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to unnecessary handling of them.
If you want to withdraw from the contract, please fill out this form and return it to us.
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the customer(s):
Address of the customer(s):
Signature of customer(s) (only for paper notifications)
(*) Delete as appropriate.
End of the Cancellation Policy
(1) The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
(2) Please avoid damage and contamination. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Please contact us before returning by mail (shop(at)avustaja.de) to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.
(2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. German Civil Code BGB).
(2) If you are a consumer within the meaning of § 13 German Civil Code (BGB), the limitation period for warranty claims for used items - deviating from the statutory provisions - is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal duty), as well as to claims based on other damage resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Otherwise, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
- Only our own details and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline.
This shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.
- In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance).
In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can demand a reduction of the purchase price or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the German product liability law. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal duty). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Kempen (Germany).
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4