On the basis of these terms and conditions (AGB) between the customer and company
AVA & MAY GmbH
Represented by Akos Piffko, Ankur Bansal, Sascha Dexler (Managing Directors)
Address: Rheinsberger Str. 76/77, 10115 Berlin, Germany
E-mail address: email@example.com
Commercial Register: Amtsgericht Charlottenburg
Commercial Register Number: HRB 199615 B
Sales tax identification number: DE320400560
, hereinafter referred to as provider, the following contract is concluded.
This contract governs the sale of new goods via the provider’s online shop. Because of the details of the respective offer, reference is made to the product description of the offer page.
The contract is concluded exclusively in electronic commerce via the shop system. The presented offers represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.
The order process for concluding the contract includes the following steps in the shop system:
- Selection of the offer in the desired specification (ia number)
- Place the offer in the shopping cart
- Press the button ‘order’
- Enter billing and delivery address
- Selection of the payment method
- Reviewing and processing the order and all entries
- Press the button ‘order now’
- Confirmation mail that order has arrived
By sending the order confirmation the contract is concluded.
The contract is concluded for an indefinite period.
Prices, shipping costs, return costs
All prices are final and include the legal value added tax. The following shipping costs apply once per order: EU: 3.90 EUR, International: 9.90 EUR. In the case of partial deliveries, the lump sum will only be charged once. For orders over 39 EUR (for international shipments 59 EUR) no shipping costs are charged. If there is a right of withdrawal and is made of this use, the customer bears the cost of the return.
The customer has only the following options for payment: advance transfer, payment service (PayPal), credit card and immediate transfer. Further payment methods will not be offered and will be rejected.
The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. Using a fiduciary / payment service provider allows the provider and customer to process the payment between each other. The fiduciary service / payment service provider forwards the payment of the customer to the provider. Further information can be found on the website of the respective fiduciary service / payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped.
The customer is obliged to pay or transfer the amount shown to the account indicated on the invoice within 10 days after receiving the invoice.
Payment is due without deductions from the date of invoice. The customer comes only after reminder in default.
The goods will be shipped immediately after confirmed receipt of payment. The shipment is on average after 3 days at the latest. The entrepreneur undertakes to deliver on the 10th day after confirmed receipt of payment. The regular delivery time is 5 days unless otherwise stated in the item description.
The supplier sends the order from its own warehouse as soon as the entire order is in stock. If the supplier is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by own suppliers, although a corresponding cover transaction was made in good time, the supplier has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded.
Right of Withdrawal and Customer Service
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
- In the case of a contract of sale: on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
- In the case of a contract for several goods, ordered by the consumer under a single order and delivered separately: to which you or a third party named by you, who is not a carrier, has taken possession of the last goods or has.
- In the case of a contract for the delivery of a good in several installments or pieces: where you or a third party named by you, who is not a carrier, has or has taken possession of the last installment or lot.
- In the case of a contract for the regular delivery of goods for a fixed period: where you or a third party named by you, who is not a carrier, has or has taken possession of the first good.
When several alternatives meet, the last time is decisive.
To exercise your right of withdrawal, we ask you to contact us
AVA & MAY GmbH
Rheinsberger Str. 76/77
with a clear statement of your decision to withdraw from this contract. You can also use the following model withdrawal form, which is not required.
Sample cancellation form
AVA & MAY GmbH
Rheinsberger Str. 76/77
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):
Address of the consumer (s):
Signature of the consumer (s) (only when notified on paper):
(*) Delete as appropriate.
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 cancel your contract, we will have all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and no later than fourteen days from the date on which the notice of revocation of the contract is received. 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 repayment until we have received 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 the 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 you to check the nature, characteristics and functionality of the goods.
End of revocation
You can contact our customer service Monday through Friday from 9am to 5pm via our contact form.
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Ban on assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
Language, Jurisdiction and applicable law
The contract is written in German. The further implementation of the contractual relationship takes place in German. It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered office of the provider.
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
ODR policy implementation
Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. Note according to § 36 Abs. 1 Nr. 2 VSBG: We would like to point out that we are in principle willing to participate in dispute resolution proceedings before a consumer arbitration board. Consumers may contact the following consumer dispute resolution body:
General Consumer Arbitration Center of the Center for Mediation e.V.
Contact: Straßburger Straße 8, 77694 Kehl
Tel .: +49 7851 79579 40
Fax: +49 7851 79579 41
This arbitration board is a ‘general consumer arbitration board’ according to § 4 para. 2 sentence 2 VSBG ”
Terms and conditions created by the generator of the German lawyer hotline AG