General terms and conditions of business
Terms and conditions Awestaa online shop
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: General Terms and Conditions) apply to all contracts concluded between us via our online shop,
Awestaa, owner Sima Niyazi, Hainstraße 8, 04109 Leipzig
support@awestaa.com
and you as our customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the “order with payment” button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right to cancel your order, which may exist under Section 3, remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the ordered items.
(5) We only deliver to customers who have their usual residence (billing address) in Germany and who also provide a delivery address in Germany.
(6) We reserve the right to make orders dependent on a minimum order value. You can find any minimum order value in the price information provided in our online shop.
(7) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal in accordance with Section 1, you must bear the regular costs of returning the goods.
(3) Otherwise, the regulations set out in detail below apply to the right of withdrawal
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us [Awestaa, Hainstraße 8, 04109 Leipzig, support@awestaa.com ] a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. inform. You can use the attached sample cancellation form, although this is not mandatory. You can also fill out and submit the sample cancellation form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must deliver the goods to us or to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract (this may include the name and address of the person authorized by you to receive the goods). to be inserted) to be returned or handed over. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
- End of revocation-
(4) The right of withdrawal does not apply to distance selling contracts
(a) for the delivery of goods that have been manufactured to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,
(b) to deliver audio or video recordings or software, provided you have unsealed the data carriers delivered.
§ 4 Delivery conditions and reservation of advance payment
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is approximately six ( 6 ) working days, unless otherwise agreed. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract.
(3) If there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 5 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include any applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).
§ 6 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can, at your discretion, transfer the purchase price and shipping costs to our account specified in the online shop, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by debit/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A direct debit authorization granted also applies to further orders until revoked. We reserve the right to offer additional payment providers.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items occur in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be attached to the items enclosed.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
§ 10 Copyrights
We have copyright to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office, Leipzig. Otherwise, the applicable legal provisions apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.