Terms and Conditions for the online shop of Amy Deluxe Ibrahim Dabes e.K.
General
The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of Amy Deluxe Ibrahim Dabes e.K., Pöttmeser Str. 20, 86165 Augsburg, Germany (hereinafter: SELLER) under the domain www.amydeluxe.de/ .
These Terms and Conditions contain special provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter: ENTREPRENEURS). These special clauses for commercial transactions are identified by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of Section 13 of the German Civil Code.
The SELLER does not accept any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.
Conclusion of contract
The CUSTOMER can place the desired products in the shopping cart by clicking the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the required contact information for shipping and payment and complete the order by clicking the "Place order with payment" button.
The CUSTOMER can correct input errors, especially products added to the shopping cart by mistake, by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons.
The presentation of products in the SELLER's online shop merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will immediately confirm receipt of the order by email. The automated order confirmation of the shop system does not constitute a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the inventory by sending a separate declaration of acceptance by email or by dispatching the goods within a period of 5 days or 3 working days after the order. The purchase contract is only concluded with this separate declaration of acceptance or with receipt of the goods within the aforementioned period. Invoicing is equivalent to a declaration of acceptance.
The purchase contract is concluded with Amy Deluxe Ibrahim Dabes e.K., Pöttmeser Str. 20, 86165 Augsburg, Germany.
The contract language is German.
Contract text storage
The contract text will be saved by the SELLER. The order details will be sent to the CUSTOMER separately in text form (email). The General Terms and Conditions can also be accessed and printed in the online shop.
Right of withdrawal
Consumers generally have a statutory right of withdrawal. The legal provisions regarding any existing right of withdrawal are contained exclusively in the cancellation policy, which is available to the CUSTOMER during the ordering process.
Prices and shipping costs
The prices valid on the day of the order, as displayed in the online shop, apply.
The prices displayed in the online shop are in euros and include VAT.
When purchasing goods that are delivered in a parcel or otherwise by mail, the following applies: The prices displayed in the online shop do not include shipping costs for packaging and postage. Shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before placing the order.
We offer free shipping. Information about the conditions under which free shipping is available will be provided during the ordering process.
In individual cases, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER for cross-border deliveries.
Payment terms
The SELLER only accepts the payment methods offered during the ordering process in the online store. The CUSTOMER selects their preferred payment method from the available payment methods.
If delivery is made against advance payment by bank transfer, the CUSTOMER must transfer the purchase price plus any applicable delivery and shipping costs to the SELLER prior to delivery. Delivery will take place after receipt of the full invoice amount in the SELLER's account.
If payment is made via instant bank transfer (Klarna Sofort) from the Klarna Group - Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden - the CUSTOMER must have an activated online banking account with a PIN/TAN procedure. At the end of the order process, the CUSTOMER will be asked to enter their account number, bank code, PIN, and TAN in the form pre-filled by the SELLER (bank details, transfer amount, and intended use). The CUSTOMER will then receive immediate confirmation of the transaction. Further information can be found at https://www.klarna.com/sofort/ .
If payment is made via Giropay from GIROPAY GmbH, An der Welle 4, 60322 Frankfurt/Main, Germany, the CUSTOMER must have an activated online banking account with a PIN/TAN procedure. At the end of the order process, the CUSTOMER will be asked to enter their account number, bank code, PIN, and TAN in the form pre-filled by the SELLER (bank details, transfer amount, and intended use). The CUSTOMER will then be immediately confirmed the transaction. Further information can be found at https://www.giropay.de/kaeufer/online-ueberweisen .
If a delivery is made against payment by credit card, the CUSTOMER authorizes the full invoice amount, including any applicable delivery and shipping costs, to be charged to the relevant credit card company when due by providing their credit card details. At the end of the ordering process, the CUSTOMER will be asked to enter their credit card number, the credit card expiration date, and the security code in the appropriate form. Depending on the amount paid or the type of delivery, the customer may be asked for a required second authentication feature by displaying the credit institution's website. The CUSTOMER must then verify the payment transaction with their personal second authentication feature such as a password, PIN, TAN, or biometric data such as a fingerprint or facial scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g. the CUSTOMER's credit card company). In this case, the charge will be initiated with the order confirmation. Further information can be obtained from your credit provider.
Payment via Klarna Purchase on account
If the BUYER has selected the payment option of purchase on account, he must pay the invoice amount to Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: KLARNA) within 14 days of the invoice date.
An invoice fee of EUR 3.25 will be charged for orders up to a total shopping cart value of EUR 100. An additional invoice fee of EUR 3.25 will be charged for each additional EUR 100 or part thereof.
The CUSTOMER must provide KLARNA with his or her complete delivery and billing address.
In the event of default, KLARNA is entitled to demand default interest in accordance with Section 288 of the German Civil Code (BGB). KLARNA reserves the right to claim higher damages for default. The CUSTOMER retains the option of claiming lower damages for default.
The CUSTOMER can also convert the invoice amount into a flexible installment plan. To do so, the CUSTOMER must pay KLARNA a partial amount of at least 1/24 of the respective invoice amount, but not less than EUR 6.95.
KLARNA will indicate the minimum payment amount on the invoice.
For amounts of EUR 200 or more, the CUSTOMER must conclude a separate installment purchase agreement with KLARNA. The necessary documents will be sent to the CUSTOMER by mail upon receipt of the partial payment. The CUSTOMER can access the relevant information and terms at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account .
If the CUSTOMER does not wish to convert the purchase to a flexible installment plan, he must notify KLARNA of this in writing within 10 days of payment.
The SELLER or KLARNA is permitted – within the scope of the law and taking into account the legitimate interests of both parties – to conduct a credit check. The SELLER or KLARNA reserves the right to exclude certain payment methods for orders – depending on the credit check. Further details are governed by the SELLER's privacy policy.
Payment via Klarna installment payment
If the CUSTOMER has selected the installment payment option, all of the CUSTOMER's purchases in online stores that offer KLARNA installment payments will be summarized on a single monthly invoice. The CUSTOMER must pay the stated invoice amount within 14 days of receiving the monthly invoice from Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden.
The minimum monthly installment is 1/24 of the total amount, but not less than EUR 6.95. The monthly installment purchase fee is EUR 0.45, regardless of the number of purchases made.
The CUSTOMER can terminate the installment purchase at any time by paying the total outstanding amount to KLARNA.
The CUSTOMER must provide KLARNA with his or her complete delivery and billing address.
In the event of default, KLARNA is entitled to demand default interest in accordance with Section 288 of the German Civil Code (BGB). KLARNA reserves the right to claim higher damages for default. The CUSTOMER retains the option of claiming lower damages for default.
The SELLER additionally refers to the KLARNA installment purchase terms and conditions at https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf .
The SELLER or KLARNA is permitted – within the scope of the law and taking into account the legitimate interests of both parties – to conduct a credit check. The SELLER or KLARNA reserves the right to exclude certain payment methods for orders – depending on the credit check. Further details are governed by the SELLER's privacy policy.
If a payment is made via paydirekt of paydirekt GmbH, Hamburger Allee 26-28, 60486 Frankfurt am Main (hereinafter: paydirekt), the CUSTOMER must have a paydirekt account and authenticate themselves with their access data. The CUSTOMER must then complete the paydirekt payment process and confirm the payment to the SELLER. When paying via paydirekt using deferred execution, the payment is authorized immediately after confirmation to the seller. The payment is executed and debited from the CUSTOMER's account retrospectively within 6 months of authorization based on the mutually agreed transaction start date. Immediately thereafter, the CUSTOMER will receive confirmation of the transaction to the SELLER. The paydirekt terms and conditions of participation can be viewed at https://www.paydirekt.de/agb/index.html . The banks participating in paydirekt can be viewed on the website www.paydirekt.de .
Customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are only entitled to offsetting rights if the counterclaims have been legally established, are undisputed, or are recognized by the seller, or if the opposing claims are based on the same legal relationship. This prohibition on offsetting does not apply to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
Delivery and shipping conditions – Information on calculating the delivery date
Unless otherwise agreed with the CUSTOMER, the delivery of goods delivered in a parcel or by other means by post shall be made by post (parcel, package, letter, forwarding agent, etc.) to the delivery address provided by the CUSTOMER in the order.
Delivery to packing stations is not possible.
Delivery to German islands is not possible.
The delivery time is specified separately on the respective product detail page.
The delivery time stated on the product detail page begins for advance payment on the working day following the CUSTOMER’s payment order to the transferring credit institution, or for all other payment methods on the working day following the day the contract is concluded.
For deliveries to businesses, the risk of accidental loss and accidental deterioration of the sold item passes upon handover to the business owner or an authorized recipient, and in the case of mail-order sales, upon delivery of the goods to a suitable carrier. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon handover of the goods to the consumer in accordance with Section 446 of the German Civil Code (BGB). With regard to the transfer of risk, it is equivalent to handover if the CUSTOMER defaults on acceptance.
Orders can be placed by all customers from the European Economic Area and, if applicable, other countries listed in the online shop and/or shipping costs table. Orders are only delivered to Germany and, if applicable, to the countries listed in the online shop and/or shipping costs table.
In case of delivery delays, the SELLER will inform the CUSTOMER immediately.
If the carrier returns the purchased item to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs of reshipment. This shall not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel with the refusal of acceptance, or if the CUSTOMER is not responsible for the circumstances leading to the impossibility of delivery, or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER had notified the CUSTOMER of the service a reasonable time in advance.
Retention of title
The SELLER reserves ownership of the items sold until the purchase price has been paid in full.
The CUSTOMER may not pledge or assign the goods subject to retention of title to third parties or as security until the secured claims have been paid in full. The CUSTOMER must notify the SELLER immediately in writing if and to the extent that third parties gain access to the SELLER's goods.
In the event of breach of contract by the CUSTOMER, in particular non-payment of the purchase price due, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and demand the return of the goods based on retention of title and withdrawal. If the CUSTOMER fails to pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER has previously been granted a reasonable period of time for payment without success, or if such a period of time is dispensable under the statutory provisions.
Warranty/liability for defects/obligation to give notice of defects
The rights in the event of defects in the purchased item are governed by the statutory provisions.
Claims for defects by BUSINESSES who are merchants within the meaning of the German Commercial Code (HGB) require that they have properly fulfilled their obligations to inspect and give notice of defects pursuant to Section 377 of the HGB in writing within 14 calendar days of receipt of the goods. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
The limitation period for claims for defects by BUSINESSES is 12 months, calculated from the transfer of risk to the BUSINESSES. This shortened warranty period does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
Liability
The CUSTOMER's claims for damages or reimbursement of wasted expenses against the SELLER are governed by these provisions outside the scope of warranty law, regardless of the legal nature of the claim.
The SELLER's liability is excluded – regardless of the legal grounds – unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, representatives, or vicarious agents. To the extent that the SELLER's liability is excluded or limited, this also applies to the personal liability of the SELLER's employees, representatives, or vicarious agents. The SELLER's liability under the Product Liability Act remains unaffected (Section 14 of the Product Liability Act).
The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health that are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.
If the SELLER negligently breaches a material contractual obligation, i.e., an obligation whose compliance is of particular importance for achieving the purpose of the contract (material contractual obligation or cardinal obligation), liability is limited to the damage typically incurred, i.e., to such damages that must typically be expected within the scope of the contract. A material contractual or cardinal obligation in the aforementioned sense is one whose fulfillment is essential for the proper execution of this contract and on whose compliance the CUSTOMER regularly relies and may rely.
Data storage and data protection
Notice according to § 36 VSBG
For CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB), there is generally the possibility of seeking alternative dispute resolution within the meaning of Section 36 of the German Consumer Dispute Resolution Act (VSBG).
The alternative arbitration procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative possibility for resolving differences that may arise within the framework of a contractual relationship.
The SELLER does not participate in the alternative dispute resolution procedure within the meaning of Section 36 VSBG.
Information on battery disposal
The following notice concerns the handling of goods by end users if these goods consist of batteries or contain batteries.
Free return of used batteries:
Batteries must not be disposed of with household waste. You are legally obliged to return used batteries to ensure proper disposal. You can dispose of used batteries at a municipal collection point or at a local retailer. As a distributor of batteries, the SELLER is obligated to take back used batteries. This obligation is limited to used batteries of the type that the SELLER offers and sells as new batteries, or has offered and sold in the past. You can send used batteries of the aforementioned type to the SELLER by mail with sufficient postage or hand them in directly at the SELLER's headquarters free of charge.
Meaning of the battery symbols:
Batteries are marked with the symbol of a crossed-out wheelie bin. Batteries must not be disposed of with household waste. Batteries containing more than 0.0005% mercury by mass, more than 0.002% cadmium by mass, or more than 0.004% lead by mass are marked below the wheelie bin with the abbreviated chemical name ("Cd" for cadmium, "Pb" for lead, and "Hg" for mercury):
Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the SELLER at Pöttmeser Str. 20, 86165 Augsburg, Germany.
The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany, or if his or her place of residence or habitual abode is unknown at the time the action is filed. The SELLER's right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
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