Terms and Conditions
1. General, clientele, language
1.1 All offers, purchase contracts, deliveries and services based on orders of our customers through our online shop http://www.etsy.com/en/shop/AZworksMade, named AZ-works (hereinafter the "Webshop") are subject to these terms and conditions.
1.2 The product range in our webshop is aimed equally at consumers and entrepreneurs, but only at end users. For purposes of these terms and conditions, a consumer is any natural person who concludes the contract for a purpose that neither their commercial nor their independent professional activity can be attributed (§ 13 of the Civil Code - BGB) and is an entrepreneur a natural or legal Person or a legal partnership that acts in the execution of the contract in the exercise of their commercial or independent professional activity (§ 14 para 1 BGB).
1.3 Terms and conditions of the customer shall not apply, even if we do not separately object to their validity in individual cases.
1.4 The contracts with the customer are concluded exclusively in German and are not relevant to these terms and conditions.
2. Conclusion of contract
2.1 Our offers in the webshop are not binding.
2.2 By placing an order in the webshop which is possible with and without prior registration, but only with acceptance of the terms and conditions of Etsy Ireland UC, the customer makes a binding offer to purchase the product in question. The customer is bound to the offer until the end of the third working day following the day of the offer.
2.3 We will send to the customer immediately upon receipt of the offer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (via e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
2.4 Each customer who is a consumer is entitled to make the offer in accordance with the special cancellation and return policy which he understands when ordering on our website (https://www.etsy.com/en/shop/AZworksMade# policies), and to return the goods.
2.5 Contracts on Etsy.com come about as follows. The posting of an article on our part as a seller constitutes a binding offer on Etsy Ireland UC. As soon as a buyer clicks on the "order to pay" button and confirms the process, the contract is concluded. After the conclusion of the purchase contract, the buyer receives a system e-mail from Etsy Ireland UC as confirmation.
3. Prices and payment
3.1 Our prices do not include the statutory value added tax, because according to §19 UStG (Germany Law) as a small business the statement of value added tax is not provided. Also, the shipping costs are not are included and are payable by the customer like duties and similar charges.
3.2 Unless otherwise expressly agreed, we deliver only against advance payment (in the on the order form specified) or cash on delivery.
3.3 The customer has no set-off or retention right, unless the Counterclaim is undisputed or legally established.
4. Shipment of the goods
4.1 We will deliver the goods at the latest at the time of order on the respective offer page apparent shipping date (date of delivery of the goods by us to the shipping company) Send to the customer, which is only approximate and therefore by up to two working days may be exceeded. If no delivery date is specified, they will be marked as "Available" Goods no later than the fifth working day (subject to a permitted sale in accordance with paragraph 2) and all other goods shipped within three weeks. This for the determination The deadline applicable to the date of shipment begins in each case if delivery agreed in advance is, on the day of receipt of the full purchase price (including shipping costs).
(Please consider that shipping to other countries may need longer, than called here)
4.2 If the goods are marked as "available" when the offer is submitted by the customer in the webshop If delivery is made in advance, we will ship the goods within a period of time keep in stock within five working days of our acceptance of the offer; the teeth do not work within this period, we are entitled to sell the goods at any time. In this case, the shipment within the specified period of five working days only, as long as the stock lasts. Otherwise, the delivery period is three weeks from receipt of payment as agreed.
4.3 In the event that our supplier goods, when ordering by the customer on the supply side was marked as "not available" in the webshop or sold out in accordance with paragraph 4.2 was not delivered to us in time, the otherwise applicable according to paragraph 4.1 and 2 shall be extended Deadline until delivery by our supplier plus one to two working days, at most but for a period of three weeks. Prerequisite for this extension is that We immediately reorder the goods and delay the delivery by our supplier not responsible.
4.4 If, for one of the reasons mentioned in paragraph 4.3, the goods are not or not in time is available, we will immediately inform the customer. Is the goods in the foreseeable future Not available from our suppliers, we are entitled to withdraw from the purchase contract. In the case of a resignation, we will immediately notify the customer of his payments made to us refund. The statutory rights of the customer due to default in delivery are determined by the above Regulation not affected, whereby the customer damages only after special measure of the Paragraph 9 of these General Terms and Conditions.
4.5 We are partial deliveries of separately usable products included in an order
entitled, whereby we carry the additional shipping costs caused thereby.
4.6 From 2016, a new obligation to inform within the EU applies. The European Commission provides a platform for online dispute resolution (OS). This platform can be found at
http://ec.europa.eu/consumers/odr/. If you have any questions, you can contact info @ az-works.de turn.
5. Shipping, insurance and transfer of risk
5.1 Unless otherwise agreed, we determine the appropriate shipping method and
the transport company at our discretion.
5.2 We owe only the punctual, proper delivery of the goods to the transport company and are not for delays caused by the carrier responsible. A shipping time stated in the webshop is therefore not binding.
5.3 If the customer is a consumer, the risk of accidental loss, accidental damage
or accidental loss of the delivered goods in the Time to the customer about,
in which the goods are delivered to the customer is delivered or the customer
in default of acceptance. In all other cases, the danger goes along the delivery of the goods to the Transport company on the Customers over.
5.4 We will pay the goods the usual transport risks insure our costs.
6. Retention of title
6.1 We reserve the ownership of the goods delivered by us until full payment
of the purchase price (including the shipping costs) for the goods in question.
6.2 The customer is not entitled to ours without our prior written consent
resell goods delivered under retention of title. The customer joins for the
Case of a possible resale already the demands from the resale to the Amount of the purchase price to be paid to us plus a surcharge of 20% to us. We empower
the customer hereby, the assigned claims in the ordinary course of business
whereby we have this authorization in case of late payment by the customer
can revoke at any time.
7. Warranty
7.1 If the delivered goods are subject to a material defect, the customer can first of us the Demand elimination of the defect or delivery of faultless goods; is the customer an entrepreneur, we can between the removal of defects or delivery of a defect-free thing choose. The choice can be made only by display in text form (also by letter or e-mail) opposite the customer within three working days of notification of the defect. We can refuse the kind of supplementary performance chosen by the buyer, if this only with disproportionate costs is possible.
7.2 If the supplementary performance according to para. 7 (7.1) fails or is unacceptable to the customer or If we refuse subsequent performance, the customer shall be in accordance with the applicable law entitled to rescind the purchase contract, to reduce the purchase price or damages or compensation for his or her futile expenses. For claims of the customer Damages also apply the special provisions of para. 9 of these general Terms and conditions.
7.3 The warranty period is two years from the date of delivery if the customer is a consumer, otherwise twelve months from delivery.
7.4 The following applies to companies only: The customer has the goods immediately after Carefully examine the shipment. The delivered goods are considered as approved by the customer, if a defect will not us in case of obvious defects within five working days after Delivery or otherwise within five working days after discovery of the defect is displayed.
8. Industrial Property Rights and Copyrights
8.1 The customer is granted the non-exclusive right to the delivered products
use.
8.2 The customer is not entitled to make copies of the products, except for the purpose the use according to para. 8 (8.1) or for security purposes.
8.3 The customer may only transfer the rights granted to the products to a third party, if, at the same time, ownership of the product in question is transferred to that third party and the customer does not retain any copies of the software.
9. Liability
9.1 Our liability for negligence (except gross negligence) is in the event of late delivery
limited to an amount of (10)% of the respective purchase price.
9.2 We are not liable (regardless of the legal ground) for damages that are in the nature of the respective Order and the goods and with normal use of the goods typically not expected are. In addition, our liability is excluded for damage resulting from data loss, if the Recovery is not possible due to missing or inadequate backup or more difficult. The above limitations of liability shall not apply in the case of intent or gross negligence.
9.3 The limitations of this § 9 do not apply to our liability for guaranteed characteristics within the meaning of. § 444 BGB, for injury to life, body or health
or according to the product liability law.
10. Privacy
10.1 We may process and save the data relating to the purchase agreement, insofar as so this is required for the execution and execution of the purchase contract and as long as we are to Storage of this data is required by law.
10.2 We reserve the right to transmit personal data of the customer to credit bureaus, as far as this is necessary for the purpose of a credit check, provided the customer hereby agrees in individual cases expressly agree. We will also otherwise personal customer information do not forward to third parties without the expressly agreed consent of the customer, except, insofar as we are legally obliged to disclose data.
10.3 The collection, transmission or other processing of personal data of the
Customers are not permitted for purposes other than those mentioned in this section 10.
10.4 Further information can be found on our website in the area of data protection.
11. Applicable law and jurisdiction
11.1 The contract of sale existing between us and the customer is subject to mandatory international private law provisions of the law of the Federal Republic of Germany excluding the UN Sales Convention.
11.2 If the customer is a merchant in the meaning of § 1 para 1 of the Commercial Code (HGB), a legal entity of public law or a special fund under public law,
so are the courts in (place) for all disputes arising out of or in connection with the exclusive contractual relationship. In all other cases we or the customer sue each before due to legal regulations Raise the court.
