GTC

General Terms and Conditions (GTC)

§ 1 General, scope of the GTC

1.1 All deliveries and services are made exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions do not apply.

1.2 The contractual partner is Dabes Egyptian Imports (Owner Ibrahim Dabes, Pöttmeser Str. 20, D-86167 Augsburg, Phone + 49-821-90 72 66 0, Email onlineshop@amydeluxe.de, VAT ID .: DE220182619 (hereinafter “seller”).

1.3 The customer in terms of these general terms and conditions may be both consumers and entrepreneurs (hereinafter referred to as “customer”). Consumers within the meaning of these GTC are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs in the sense of these GTC are natural or legal persons or legal partnerships, which act in the conclusion of the contract with the seller in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract, conclusion of the contract component

2.1 Our offer is binding. With your order you make a binding offer to us to conclude the contract with you. The contract is concluded with the dispatch of your order to us. You will receive an order confirmation by email.

2.2 Once you have found the product you are looking for, you can view it without any obligation, for example, by clicking on the article photo or the article name in detail. By clicking on the button [Add to Cart] you can put the article into the shopping cart. You can view the content of the shopping cart at any time by clicking on the [Shopping Cart] or [Continue to Checkout] button without obligation. You can remove the products from the shopping cart by clicking on the symbol for [Delete]. If you want to buy the products in the shopping cart, click on the [Checkout] button.

2.3 The ordering process involves several steps. In the first step you log in with your existing customer account or you create a new customer account. In the next, you choose the method of payment and shipping method. If required, you can enter a different delivery address. If necessary, you can now choose a bonus/premium item or charge a customer credit or a voucher. The contents of the basket can be edited here again. To complete the purchase, you must accept our GTC and press the button [Complete Order]. This will send the order to us and the contract has been concluded.

§3 Storage of the contract text

We save your order and the entered order data. We will send you an order confirmation by email and then an contract confirmation with all order details. You also have the option to print both the order and the GTC before submitting the order to us. Finally, you have access to the orders you have made through your customer account at all times.

§4 Right of withdrawal for consumers

The following right of withdrawal exists only for consumers:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must contact us (Dabes Egyptian Imports, Owner Ibrahim Dabes, Pöttmeser Str. 20, D-86167 Augsburg, phone + 49-821-90 72 66 0, fax + 49-821- 54 39 66 3, Email onlineshop@amydeluxe.de,) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached withdrawal form template, which is not required.

In order to meet the withdrawal 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 withdrawal

If you withdraw from this contract, we must refund to you 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 favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your withdrawal from 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 fees for this refund.

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 any loss of value of the goods, if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§5 Withdrawal form template

(If you want to withdraw from the contract, please fill out this form and send it back.)

To

Dabes Egyptian Imports (Owner Ibrahim Dabes) Pöttmeser Str. 20, D-86167 Augsburg

Telephone + 49-821-90 72 66 0

Fax + 49-821- 54 39 66 3

Email onlineshop@amydeluxe.de.

I/we (*) hereby revoke the contract of purchase concluded by me/us (*)

for the following items (*)/provision of the following service (*) ordered on (*)/received on (*)

Name of the consumer(s) Address of the consumer(s)

Signature of the consumer(s) (only when notified on paper)

Date

(*) Delete as appropriate.

§ 6 Prices and shipping costs

6.1 All prices include the statutory value added tax plus shipping costs.

6.2 The amount of shipping costs can be found in the information in the respective offer. The value of the goods referred to for the shipping costs refer to the value of goods before deduction of any credits and vouchers. The redemption of vouchers of any kind has no influence on the calculation of the shipping costs.

6.3 When shipping abroad, additional customs duties may apply, which the competent customs authorities will collect directly from you. For deliveries to non-EU countries we declare the delivery with description of the content and value. All applicable customs and import charges are to be borne by the recipient. National import regulations for the respective products are to be taken account of by the customer. We assume no responsibility for the conformity of our products with national guidelines and regulations outside the EU.

§7 Delivery conditions

7.1 The goods are placed in delivery, unless otherwise stated in the offer, within 5 working days after receipt of payment. In the event of delivery on account, the goods are placed in delivery, unless otherwise stated in the offer, within 5 working days after delivery of the order confirmation.

7.2 If Dabes Egyptian Imports is not in a position to deliver the ordered goods for reasons for which we are not responsible, because our supplier does not fulfil its contractual obligations, we are entitled to withdraw from the contract with respect to the customer. In this vent, the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected. A possibly already paid purchase price will be refunded immediately.

7.3 Our offer is aimed exclusively at persons of legal age. If the customer is under 18 years old, the customer may not order any items through us. The delivery and transfer of the goods is carried out exclusively to persons of legal age.

§ 8 Terms of payment

8.1 Payment may be made by bank transfer, SEPA direct debit, credit card or PayPal. We reserve the right to exclude individual payment methods.

8.2 Payments are only due after the order has been sent by us. When paying by bank transfer the required data will be sent to you with the order confirmation. With the payment method PayPal, you are led directly from the ordering process to the payment pages of the respective payment company and make the transfer directly yourself.

8.3 Consumers shall not be in default of payment unless they have paid an invoice amount 30 days after invoicing (as of the date of invoice) and if we have specifically indicated this sequence in the invoice or payment order.

8.4 If you are a consumer, the purchase price shall be charged in the event of payment default at the default rate of 5% above the base interest rate. If you are not a consumer, the interest rate during default is 8% above the base rate. We reserve the right to prove and assert higher damages caused by default.

§9 Warranty

9.1 If you are a consumer and make the order with us for a purpose that can be attributed to neither your commercial nor your professional activity, the warranty is provided in accordance with statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods are to be inspected by the customer as far as this is lawful according to orderly business, immediately after delivery at the latest within 7 days. If a defect appears, we must be notified immediately. If the customer omits the notification, the goods shall be deemed to have been approved unless it is a defect that was not identifiable during the inspection. If such a defect arises later, the notification must be made immediately after the discovery, otherwise the goods are deemed to be approved also in view of this defect. § 377 HGB remains unaffected. The customer is not exempted from it obligation to inspect, even in the case of recourse of the entrepreneur according to § 478 BGB. If, in such cases, it does not immediately indicate the defect claimed by its client, the goods shall also be deemed approved in view of this defect.

9.2.2 Insofar as there is a defect, we are entitled, subject to the nature of the defect and the legitimate interests of the customer, to determine the type of subsequent performance. Subsequent performance in these contracts is considered as failed after the unsuccessful third attempt. This clause does not apply in the case of recourse to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the expenses required for this, in particular transport, travel, labour and material costs, unless they increase as a result of transferring the goods to a location other than the headquarters or commercial branch of the customer to whom the goods have been delivered. This clause does not apply in the case of recourse to § 478 BGB.

9.2.4 The warranty claims of the customer, including the claims for damages, expire after one year. This does not apply in the case of recourse to § 478 BGB; this also does not apply in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This also does not apply to claims for damages for injury to life, limb or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer and make the order with us for a purpose that can be attributed neither to your commercial nor your professional activity, we are liable for damages under the statutory provisions.

10.2 If you place your order with us as an entrepreneur, in the case of our contractual liability for damages in accordance with paragraphs 10.2 to 10.8 the following applies:

10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, the liability is limited to the foreseeable, typically occurring damage.

10.2.2 Insofar as we or our representatives or vicarious agents have culpably violated an obligation the fulfilment of which first enables the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and whose compliance the customer regularly trusts it - and no case of liability is present under the statutory liability - the liability is limited to the predictable, typically occurring damage.

10.2.3 Unless otherwise stipulated under sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies, as far as recourse claims are made against us as supplier pursuant to § 478 BGB be asserted.

10.3 The exclusions and limitations of liability under section 10.2 shall also apply to other claims, in particular tort claims or claims for reimbursement of futile expenses instead of performance.

10.4 The exclusions and limitations of liability under section 10.2 do not apply to any existing claims in accordance with §§ 1, 4 Product Liability Act or culpable injury to life, body or health. Nor do they apply insofar as we have assumed a warranty for the quality of our goods or a performance or procurement risk and the warranty claim has occurred or the procurement risk has materialised.

10.5 Liability arising from the assumption of a procurement risk only applies to us if we have explicitly accepted the procurement risk in writing.

10.6 Unless the limitation of liability according to section 10.2 for claims under producer liability according to § 823 BGB apply, our liability is limited to the replacement of the insurance. Insofar as this does not occur or does not occur completely, we shall be liable up to the amount of the coverage. This clause does not apply to culpable injury to life, limb or health.

10.7 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, appointed persons, representatives and vicarious agents.

10.8 A reversal of the burden of proof is not associated with the above provisions.

§11 Legal system, jurisdiction

11.1 German law applies excluding the UN sales law.

11.2 For customers who conclude the contract for a purpose that cannot be attributed to a professional or commercial activity (consumer) this choice of law does not affect the mandatory provisions of the law of the state in which the customer has its habitual residence.

11.3 For all disputes arising from the contractual relationship, if the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the place of business of our company in Augsburg.

§12 Miscellaneous

12.1 The contract languages are German and English.

12.2 If one or more provisions of these GTC are ineffective, the remaining provisions of the contract remain valid. Insofar as the provisions are invalid, the content of the contract is governed by the statutory provisions.

12.3 Online platform (OS platform) on out-of-court dispute resolution.  As an online retailer, we are committed to alerting you to the European Commission's Online Dispute Resolution (OS) platform. This is available at

the following internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLangu age

END OF GTC (AMY Deluxe.Shop)