Terms and Conditions with customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts with us as a provider (Hristova & Kalchev GbR, UID number DE315911588) via our online shop. Unless otherwise agreed, the inclusion of any terms and conditions of your own use is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "order for payment" you submit a binding offer from us.
You will receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract yet
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) Insofar as you are an entrepreneur, contrary to para. 1:
a) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public promises and statements of the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us in writing of obvious defects within 7 days from the receipt of the goods, to meet the deadline, the timely dispatch is sufficient.
c) In the case of defects, we shall provide warranty at our option through repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract.
§ 5 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other statutory cases.
(2) The liability for defects within the framework of the legal warranty is governed by the corresponding provision in our customer information (Part II).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of fulfillment for all services arising from the business relationships existing with us as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
_______________________________________________________________________________________
II. Customer information
1. Identity of the seller
Hristova & Kalchev GbR
Legien Street 13
22111 Hamburg
Germany
UID number DE315911588
Tel: 0162/8594655
E-mail: georgikalchev2@gmail.com
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at
<a href="https://ec.europa.eu/consumers/odr/" target="_blank">https://ec.europa.eu/consumers/</a>
2. Conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order, the contract data can be printed out or saved electronically using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
4. Essential features of the product or service
The main features of the product and / or service can be found in the item description and the supplementary information on our website.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, will be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective item description.
5.4. Unless otherwise stated in the individual payment methods, payment claims under the contract are due for immediate payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective item description.
If no other period is specified in the item description or our delivery conditions, the delivery of the goods takes place within 3-5 days after conclusion of the contract (with agreed advance payment, however, only after the time of your payment instruction).
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods during the shipment, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the contractor or any other person designated to carry out the shipment.
7. Legal Liability Right
7.1. There are statutory warranty rights.
7.2. As a consumer, you will be asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
Right of Withdrawal:
Cancellation
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of withdrawal, you must contact us (telephone: 01628594655, email: georgikalchev2@gmail.com) by means of a clear statement (eg a letter sent by post, fax or e-mail) of your decision to withdraw from this contract , inform. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Model withdrawal form:
(If you want to cancel the contract, please fill out this form and send it back.)
To: Hristova & Kalchev GbR
Legienstrasse 13
22111 Hamburg
E-mail: georgikalchev2@gmail.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*)
Name of the consumer (s)
Adress of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
date
---------------
(*) Please delete as appropriate.
