General Terms and Conditions
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with ASHDCC Studio
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English.
We store the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. DELIVERY CONDITIONS
In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
In our store you can basically use the following payment methods:
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal after the goods have been shipped. You will receive further instructions during the ordering process.
PAYMENT PROCESSING THROUGH PAYPAL SERVICES
In cooperation with the payment service PayPal we offer different payment methods as PayPal Services. To pay the invoice amount, you do not need to be registered with PayPal. Depending on the selected payment method, you may be redirected to the website of PayPal and the selected payment service after submitting the order:
Credit card: In the order process you provide your credit card details. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card will be charged.
Giropay: On PayPal’s website, you can enter your payment details and confirm PayPal’s use of your data. You will then be redirected to the website of paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M („Giropay“). In order to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order.
Direct debit: On PayPal’s website you can enter your payment details, confirm PayPal’s use of your data and confirm the payment instruction to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited.
Sofort by klarna: On PayPal’s website, you can enter your payment details and confirm PayPal’s use of your data. You will then be redirected to the website of the online provider Sofort GmbH, Theresienhöhe 12, 80339 Munich („Sofort“). In order to pay the invoice amount via Sofort, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order.
You will receive further instructions in the order process.
6. RIGHT OF REVOCATION
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. RETENTION OF TITLE
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. WARRANTY AND GUARANTEES
APPLICATION OF THE STATUTORY LAW ON LIABILITY FOR DEFECTS
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
LIMITATIONS VIS-À-VIS CONSUMERS
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year from delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
LIMITATIONS VIS-À-VIS ENTREPRENEURS
With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
PROVISIONS VIS-À-VIS MERCHANTS
Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
WARRANTIES AND CUSTOMER SERVICE
Information on additional warranties, if any, and their exact terms can be found with the product and on special information pages in the online store.
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
11. FINAL PROVISIONS
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
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