General terms and conditions
§ 1 Scope of application, applicable law
The following General Terms and Conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
Other terms and conditions shall not apply, even if we do not separately object to their validity in individual cases, unless their validity is expressly agreed to in writing.
The law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between the contracting parties to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
§ 2 Contracting Parties, Conclusion of Contract, Possibilities of Correction
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
When the contract is concluded with us depends on the payment method selected by you:
When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment order. This is how the contract is concluded with us.
§ 3 Contract language, contract text storage
The language available for the conclusion of the contract is English.
We save the contract text and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
§ 4 Prices, payment, due date
(1) All prices quoted in our online shop are final prices plus shipping costs. According to § 19 UStG we do not levy sales tax and therefore do not disclose it (small business status). For orders outside the EU net prices are given. Deliveries to an address outside the EU may be subject to import duties and taxes, which are due at the delivery address upon delivery.
(2) The shipping costs are stated in our prices in our online shop. The price including shipping costs will also be displayed in the order form before you send the order.
(3) Payment can either be made in advance (bank transfer), by credit card or PayPal.
(4) The invoice will be sent to you via email after receipt of your order.
§ 5 Terms of delivery
In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers.
§ 6 Payment
The following payment methods are available to you in our shop:
When you place your order, you also send us your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Sofort by Klarna
After placing the order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
§ 7 Delivery
(1) The delivery takes place from the warehouse of Dazenko Tobias & Soltani Brahim oHG to the delivery address indicated by you with the order.
(2) We generally assume that a delivery of the goods to addresses within the Federal Republic of Germany about 3 to 5 working days from contract conclusion, unless otherwise agreed or from the description in our online shop.
(3) In the case of dispatch outside the Federal Republic of Germany and within Europe, delivery of immediately deliverable goods regularly takes 5 - 7 working days according to our experience. For shipments outside Europe, the delivery time depends on the shipping method (airmail / land / shipping) and the destination. Additional restrictions can result from information from our online shop.
(4) Please note that all information on shipping or delivery is non-binding and does not represent any contractual assurances.
(5) Should we at Dazenko Tobias & Soltani Brahim oHG not be able to deliver your ordered goods through no fault of our own, because our supplier does not fulfil his contractual obligations only at short notice, we are entitled to withdraw from the contract. In this case you will be informed immediately about it; any payments already made or other considerations we will refund immediately.
(6) Your other rights remain unaffected.
§ 8 Retention of title
The goods remain our property until full payment has been made.
§ 9 Transport damages
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty and Warranties
The statutory liability for defects shall apply. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: For questions, complaints and claims, our customer service is available on weekdays by e-mail at email@example.com.
§ 11 Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with 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 in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
§ 12 Settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are ready to participate in an out-of-court arbitration procedure before a consumer arbitration body.
§ 13 Other provisions
(1) As far as permissible, the exclusive, also international, place of jurisdiction for legal actions against us is 80909 Munich. We reserve the right to file suit against the customer at any other place.
(2) An assignment of claims against us by us is only permissible after prior written consent.
(3) Offsetting against our claims is only permissible if your counterclaims have been legally established, are undisputed or acknowledged by us. In addition, you shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) You are only entitled to a right of retention if your counterclaim originates from the same purchase contract.
(5) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing in order to be effective.
(6) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should a gap become apparent, this shall not affect the validity of the remaining provisions. The ineffective provision of the contract or the filling of the gap shall be replaced by a legally effective replacement provision which takes into account the will of the parties recognisable from the contract and the General Terms and Conditions, the economic sense and the purpose of the deleted provision or comes as close as possible to it.
(7) Amendments and supplements to these terms and conditions and/or the remaining contractual relationship must be made in writing; this also applies to the waiver of the written form.