Terms of service
TERMS OF SERVICE
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place in the online shop of
Carolina MacGillavrylaan 164
Managing director: Falco Wienberg
(2) The range of goods in our online shop is aimed exclusively at buyers over the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies, including all future business relationships, even if they are not expressly agreed. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) The contract language is English or German.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button [Buy] , you submit a binding purchase offer.
(3) After receipt of the purchase order, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase order. Confirmation of receipt does not result in a contract.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase order (order confirmation) or if we send the goods to you - without a prior express declaration of acceptance. Exception: When paying in advance, Amazon Pay, credit card and PayPal, the order is accepted immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and are exclusive of the respective shipping costs.
§ 4 Terms of payment
(1) Payment can be made either by: Credit card, PayPal, Maestro, iDeal, Bancontact, ShopPay, Apple Pay or Google Pay.
(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment.
(3) When paying by credit card, the purchase price will be debited directly to your credit card at the time of ordering.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there. First register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) When paying by direct debit, you may have to bear those costs that arise as a result of a reversal of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank account data.
(6) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For every reminder sent to you after the default has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher amount is charged in individual cases or higher damage is proven.
§ 5 Offsetting/Right of Retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but have not been delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and that we have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the goods subject to retention of title.
- If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 7 Cancellation policy
In the event that you are a consumer, i.e. making a purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the following provisions.
Right of 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, took possession of the goods. In order to exercise your right of withdrawal, you must contact us
by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
Address: Carolina MacGillavrylaan 164, 1098XA Amsterdam, The Netherlands
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only if this is communicated on paper)
Cross out inapplicable.
End of revocation
(1) The right of withdrawal does not apply to the delivery
- of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- of goods if they were inseparably mixed with other goods after delivery due to their nature,
- of audio or video recordings or computer software in a sealed package if the seal was removed after delivery,
- from newspapers, magazines or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
(3) Please contact us via email before returning the goods to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to meet our own claims against the carrier or to be able to claim the transport insurance.
§ 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions.
(2) If you are a consumer, the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year. This limitation does not apply to claims due to damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period.
(4) If you are an entrepreneur, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, we provide a guarantee of repair or replacement (supplementary performance) at our discretion. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
§ 10 Liability
(1) Unlimited liability: We are liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
(3) Tankfreund accepts no liability for direct or indirect damage caused by improper use of the products or neglect of the assembly instructions.
§ 11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be found through this external link http://ec.europa.eu/consumers/odr/ . We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
§ 12 Final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German or Dutch law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG,"UN Sales Law"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
(Based on a sample from HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestrasse 13, 10115 Berlin, Tel(030) 28 30 57 40, Fax (030) 28 30 57 4)