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Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The
following business terms are applicable to all the contracts, which you
conclude with us as a supplier (Bülent Altuntas) via the
www.meerschaum-pfeifen.com/shop/index.php?language=en website. Unless
otherwise agreed upon, the inclusion, if necessary, of your own
conditions is ruled out.
(2) A
‘consumer’ in the sense of the following regulations is every natural
person who concludes a legal transaction which, to an overwhelming
extent, cannot be attributed to either his commercial or independent
professional activities. The term "businessman" refers to every natural
person, legal person or legally responsible partnership that concludes a
legal transaction in pursuance of his/its independent professional or
commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On
placing the product in question on our website, we provide you with a
binding offer to conclude a sales agreement subject to the conditions
specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended
for purchase are moved to the "shopping cart". You can select the
shopping cart using the appropriate buttons on the navigation bar and
make changes there at any time.
After calling up the “Checkout” page and entering the required personal
data and payment and shipping conditions, all order information is then
displayed again on the order summary page.
If you used an instant payment system
(e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to
receive payments, you will either be guided to our online shop on the
order summary page or forwarded to the web page of the instant payment
provider.
If you are forwarded to the instant payment system, choose and enter
your details as appropriate. You will then be returned to the order
summary page in our online shop.
Before the order is sent, you can re-check
all the data, change it (which can also be done via the internet
browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in
conjunction with a liability to pay” button to submit the order, you
declare acceptance of the order in a legally binding way by which the
purchase agreement takes place.
(4) You
are not bound by your enquiries regarding the creation of an offer that
have been conveyed to us. We supply you with a textual and binding
offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The
execution of the order and the sending of all the details necessitated
by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the
e-mail address that you have deposited with us is the correct one, and
that the receipt of the respective e-mails is guaranteed. In particular,
you have to ensure that the respective e-mails are not blocked by a
SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You
can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As
a consumer, you are requested to promptly check the product for
completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
§ 5 Choice of law
(1) German
law shall apply. This choice of law only applies to customers if it
does not result in the revocation of the protection guaranteed by the
mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt
principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 6 Protection of minors
(1) For
the sale of goods, that are subject to the regulations of child welfare
protection law, we only deal with contractual relationships with
customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
(2) By
submitting your order, you assure that you have reached the legally
prescribed minimum age and that your details as regards your name and
your address are correct. You are under obligation to ensure that only
you or other persons authorised by you to accept the delivery, who have
reached the legally prescribed minimum age, can take delivery of the
goods.
(3) As
long as we are under obligation by the legal provisions to carry out an
age verification, we instruct the logistics service provider
commissioned with the delivery to hand over the delivery only to persons
who have reached the legally prescribed minimum age, and in case of
doubt, to request for the identity card of the person accepting the
product for the purpose of age verification.
(4) As
far as we show, beyond the legally prescribed minimum age in the
respective item description, that you must have completed 18 years of
age to be able to purchase the item, the aforementioned sections 1-3 are
applicable providing that instead of the legally prescribed minimum
age, the legal age must be reached.
_______________________________________________________________________________________
II. Customer information
1. Identity of the seller
Bülent Altuntas
Stöckachstr. 16
70190 Stuttgart
Germany
Telephone: +49 (0)711 912 87 6
E-Mail: info@bulentini.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court
resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the
conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance to the regulations
"conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the
contract data can be printed out or electronically saved using the
browser’s print function. After the order is received by us, the order
data, the legally-mandated details related to distance selling contracts
and the standard business terms are re-sent to you via e-mail.
3.3 You
will be sent all contractual information within the framework of a
binding offer in written form, via E-mail for example, for quotation
requests outside of the online shopping basket system, which can be
printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The
prices mentioned in the respective offers represent total prices, as do
the shipping costs. They include all the price components, including
all the incidental taxes.
5.2 The
dispatch costs that are incurred are not included in the purchase
price. They can be viewed by clicking the appropriate button on our
website or in the respective quote, are shown separately over the
course of the order transaction and must additionally be borne by you,
insofar as free delivery is not confirmed.
5.3 If
delivery is made to countries outside of the European Union, we may
incur unreasonable additional costs, such as duties, taxes or money
transfer fees (transfer or foreign exchange fees charged by the banks),
which you must bear. You must
also bear the costs arising from money transfers in cases in which the
delivery is made to an EU Member State, but the payment is initiated
outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless
otherwise specified for the respective payment methods, the payment
claims arising from the contract that has been concluded become payable
immediately.
6. Delivery conditions
6.1 The
delivery conditions, delivery date and existing supply restrictions, if
applicable, can be found by clicking the appropriate button on our
website or in the respective quote.
6.2 If
you are a consumer, the following is statutorily regulated: The risk of
the sold item accidentally being destroyed or degraded during shipping
only passes over to you when the item in question is delivered,
regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a
transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were
created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity.
Händlerbund Management AG guarantees the legal security of the texts and
assumes liability in case warnings are issued. More detailed
information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017
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