Conditions of Use
Contents
A. Terms and Conditions
1. Scope
2. Conclusion
3. return costs when exercising the right of withdrawal
4. Prices and Payment
5 .Delivery and shipping terms
6. Retention of title, compensation, retention
7. Warranty
8. Liability
9. Applicable Law
As customer information
1. Information about the identity of the seller
2. Information about the essential characteristics of the goods or services
3. Information on the Formation of Contract
4. Information about payment and delivery
5. Information about the technical steps that lead to the conclusion
6. Information on storage of the treaty text
7. Information on the technical means to detect input errors and how to correct
8. Information on the contract for the available languages
A. Terms and Conditions
1. Scope
1.1 These terms and conditions of the "Azafran UG (limited)" (hereinafter "Seller"), apply to all contracts that a consumer or contractor (the "Client") with the Seller in respect of the Seller in their online shop represented the goods and / or terminates services. This is when the involvement of the customer's own terms is rejected, unless it is otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions, any natural person who enters into a transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed. An entrepreneur in the sense of these terms and conditions, any natural or legal person or a legal partnership, which is concluding a legal transaction in the exercise of their independent professional or commercial activity.
2. Conclusion
2.1 The online shop of the seller's product contained depictions that do not constitute binding offers by the seller, but intended to submit a binding offer by the customer.
2.2 The client can offer the phone, in writing, submit by fax or via the online shop of the seller's integrated online order form. When ordering via the online order form, the customer after entering their personal data and click the button "Order" in the final step of the ordering process is a legally binding contract offer in terms of the basket of goods.
2.3 The seller may accept the offer of the customer through a written (letter) or electronically transmitted (fax or e-mail) confirmation or delivery of goods within five days. The seller is entitled to refuse to accept the order.
2.4 The order processing and contact are usually done by e-mail and automated order processing. The customer must ensure that the e-mail address is correct so that they can receive the seller’s sent e-mails and the items will be processed within their order. In particular, the customer has to ensure that the order processing messages sent will be delivered and will not be filteres as spam.
3. Return Costs When Exercising The Right of Withdrawal
If the customer has a right of withdrawal, he will have the right of revocation imposed by the regular cost of returning the goods in case the price returned does not exceed the amount of 40 euros or if it is at a higher price, the customer will provide a partial payment at the time the withdrawal has not yet rendered, unless the delivered goods are not ordered. In all other cases, the seller bears the cost of return shipping.
4. Prices and Payment
4.1 The stated prices are final prices of the seller and include the legal German VAT. If necessary, additional delivery and shipping costs are separately disclosed in the respective product description in the offer.
4.2 For deliveries within Germany, the seller offers the following payment options provided in the relevant product description in the offer unless otherwise provided:
• Pre-payment via PayPal
• direct debit (debit)
• Payment on invoice
4.3 In addition, if each item offered should be sent abroad, the customer should follow the payment options for deliveries abroad provided in the relevant product description unless otherwise provided:
• Pre-payment via PayPal
In individual cases, for deliveries to countries outside the European union the seller is not responsible for additional costs incurred and to be borne by the customer. For this purpose, for example, include costs for sending money through banks (eg bank charges, exchange fees) or legal import duties or taxes (eg duties).
4.4 If agreed in advance, payment is due upon signing the contract.
4.5 In the selection of the payment delivery on account of the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price within 10 (ten) days from receipt of the invoice should be paid without deduction, unless otherwise agreed.
4.6 When selecting the payment method debit (debit) and the transfer of bank details of customers, the seller is irrevocably authorized to collect the invoice amount from the account specified by the customer. The debit occurs when the ordered goods leave the warehouse of the seller. If the direct debit due to insufficient funds or because the information is not a false bank cashed or inconsistent with the customer on any transaction, even though he is not entitled to do so, the customer has to bear the reversal of the incurred fees by the respective credit institution if he has control over this.
5. Delivery and Shipping terms
5.1 Delivery of goods takes place regularly on the shipping routes and at the customer's delivery address. In the completion of the transaction, the buyer’s delivery address is instrumental in the purchase process. Deviating from this is instrumnetal when the customer is selecting the PayPal payment when paying with the filed PayPal shipping address.
5.2 The shipping company sends the sent goods back to the seller because a delivery to the customer was not possible, the customer bears the costs of the unsuccessful delivery. This does not apply if the customer refused by accepting his right of exercise, if he has not represented to be the factor that has led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the power of the seller was previously announced at a reasonable time.
5.3 Principles, the risk of accidental loss and accidental deterioration of the goods sold with the handover to the customer or to an authorized person. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the dispatch of purchase with the
delivery of the goods at seller's place of business of transport to an appropriate person.
5.4 The seller reserves the right, in the case of incorrect or improper delivery to withdraw from the contract. This only applies to the case that the non-delivery is not represented by the seller and the order with the care of a specific hedging transaction has been completed with the supplier. The seller will make every reasonable effort to procure the goods. In case of non-availability or only partial availability of the product, the customer will be informed immediately and be reimbursed without delay.
6. Retention of Title, Compensation, and Retention
6.1 For consumers, the seller retains until full payment of the purchase price owed the title to the goods delivered. About 6.2 against entrepreneurs, the seller reserves until full settlement of all claims arising from an ongoing business relationship with the ownership of the goods delivered.
6.3 The customer can exercise a right of retention only insofar as it concerns claims from the same contractual relationship.
7. Warranty
If a defect in the goods, the legal regulations. Deviating from this is for things that have not been used in their intended use for a building and have caused the defect:
7.1 For entrepreneurs
- A minor defect which in principle does not claim warranty,
- The seller has the choice of the type of remedy,
- For new goods, limitation period for defects for one year from transfer of risk
- For used goods, the rights and claims for defects excluded,
- Starts to run again if under warranty is a replacement.
7.2 For consumers, the limitation period for claims
- For new goods, two years from delivery of goods to the customer.
- When used it is one year from delivery of goods to the customers, 7.3 with the limitation of item.
7.3 For the foregoing limitation of liability and restrictions for entrepreneurs and consumers refer to clause 7.1 and clause 7.2 does not cover damages and compensation for damages, the buyer can make the claim under the statutory provisions for defects in accordance with paragraph 8.
7.4 applies also for entrepreneurs, that the statutory limitation periods remain unaffected for the recourse under § 478 BGB. The same applies to businesses and consumers in cases of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer is a merchant i.S.d. § 1 HGB makes him the commercial inspection and reprimand according to § 377 HGB. If the customer notification requirements are regulated there, the goods shall be deemed approved.
7.6 If the Customer as a consumer, he is asked to claim the goods delivered with obvious damages in the deliverers and to inform the seller accordingly. If the customer fails to comply, this will not affect its legal or contractual warranty claims.
7.7 If the remedy in the way of a replacement delivery, the customer is obligated to return the original goods within 30 days to the seller's expense. The return of defective merchandise must be in accordance with legal regulations.
8. Liability
8.1 The seller is liable for any legal reason without restriction at the loss of life, limb or health, in case of intent or gross negligence, fraud and warranty promises and if the liability is based on mandatory legal provisions, such as the Product Liability Act.
8.2 In addition, the seller is liable for whatever legal reason as follows:
8.2.1 The compensation for damage to the predictable, typical and average damages unless the seller, has negligently violated a contracutal obligation (cardinal obligation). Material contractual obligations are imposed by the contract of the seller after achieving the purpose of its contents the fulfillment of the proper execution of the contract in the first, and must trust in its compliance with the customer.
8.2.2 If the seller negligently violated a non-essential contractual obligation, the obligation to pay compensation to the order value is limited.
9. Applicable Law
9.1 For all legal relations of parties subject to the laws of the Federal Republic of Germany under exclusion of the laws governing the international sale of goods. For consumers, this choice applies only to the extent that the protection provided by mandatory provisions of the laws of the State in which the consumer has his habitual residence, is withdrawn.
9.2 If the customer is a merchant, legal entity under public law or public law special fund, the exclusive jurisdiction for any disputes arising from this contract, the business of the seller. The same applies if the customer has no general jurisdiction in Germany or the EU, or domicile, or habitual residence at the time of action are not known. Call the power to the court in another jurisdiction is unaffected.
9.3 The contract language is German - (read only a simple translation into English)
As customer information
1. Information about the identity of the seller
Azafran UG (limited)
Buchenweg 6
25436 Tornesch
Tel: 040-809081 562
Fax: 040-809081 563
E-mail: info@azafran.de
CEO: Dirk Schneider
Register Court: Amtsgericht Pinneberg
Register number: HRB 9414 PI
Sales tax identification number according § 27 a German VAT law: DE277919197
2. Information about the essential characteristics of the goods or services
The main characteristics of the goods or services resulting from the respective set by the seller’s product description.
3. Information on the Formation of Contract
The conclusion of the contract shall be governed by paragraph 2 of the terms and conditions of the seller (see above).
4. Information about payment and delivery
Payment will be made in accordance with section 4, the delivery in accordance with section 5 of the terms and conditions of the seller (see above).
5. Information about the technical steps that lead to the conclusion
The contract is concluded by offer and acceptance.
5.1 The customer does his order online through the order form of the seller, he lays down his offer as follows:
5.1.1 On the supply side of the seller of goods, the customer clicks on the first step on the button "Add To Cart". It then opens a new page that displays the contents of the basket.
5.1.2 Now, the customer clicks directly or after he has put more goods in the virtual shopping cart, the second step on the button "Checkout". The customer who has not yet registered and logged in, opens a new page. After this, the customer enters an intermediate step, either a new account or login again if he is already registered as a customer. If he is a registered user, he will fill the fields "email address" and "password" and then click on the "Register" button. If he is not even registered as a customer, he clicks on the button "Register Now". Then he selects by clicking on whether he wants to create an account or carry out only one guest ordered. He then fills out the form and clicks on the button "Next". It then opens a new page that shows the billing address and shipping address and gives the option to edit or add addresses to other addresses.
5.1.3 Now, the customer clicks directly or after editing or adding addresses during the third step on the button "Next".
5.1.4 It will open a new page on this, the customer in the fourth step, if desired by him by clicking Choose payment method
5.1.5 In the fifth step, the customer clicks on the button "Next". It then opens a new page, which summarizes the details of the order.
5.1.6 In the sixth step, the customer uses a check mark by clicking on "Herewith I accept the Privacy Policy and Terms and Conditions and acknowledge having read the following cancellation."
5.1.7 In the seventh step, the customer clicks "Submit Order".
5.2 Acceptance by Seller is in accordance with section 2.3 of the terms and conditions of the seller (see above).
6. Information on Storage of the Treaty Text
The contract will be filed by the seller and the customer after sending his order, together with these terms and conditions and customer information in text form (eg letter, fax, e-mail). In addition, the treaty text archived on the seller's website can be used by customers via its password-protected account, specifying the login information available free of charge if the customer has applied before submitting his order, a customer in the online shop of the seller.
7. Information on the Technical Means to Detect Input Errors and to Correct
Before binding the order, the customer can correct his entries to date with the standard keyboard and mouse functions. In addition, before submitting all entries there is a confirmation window and they may also correct the binding order using the usual keyboard and mouse functions.
8. Information on the Contract for the Available Languages
The contract is exclusively for the German language. (You will read only a translation in English).
