General terms and conditions and consumer information
General Terms and Conditions and Consumer Information in the context of purchase contracts concluded via the online shop between
Aaron Kukic
Fuchslochweg 2
89597 Munderkingen,
hereinafter referred to as “Seller” –
and the customer
hereinafter referred to as “Customer”
getting closed
§ 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected.
(2) The customer is a consumer if he concludes the contract for purposes that can predominantly not be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
(3) The range of goods offered in our online shop is aimed exclusively at consumers as end users who are at least 18 years old.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Aaron Kukic
Fuchslochweg 2
89597 Munderkingen
(2) The essential characteristics of the goods are determined from the respective product description and product photos provided by the seller.
(3) All offers in the Seller’s online shop merely represent a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller.
By clicking the button (“order now and pay”/“buy”) you are making a binding offer to purchase (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary. You can only effectively submit the offer if you have accepted these terms and conditions by ticking the corresponding box.
As soon as the seller has received the customer's order, the customer will first be sent a confirmation of his order from the seller, usually by email (order confirmation). The order confirmation does not yet represent acceptance of the order.
After receipt of the customer's order, the seller will check it promptly and inform the customer within 2 working days whether he accepts the order (order confirmation).
(4) The ordering process in the seller’s online shop works as follows:
The customer can select products from the seller's range and order them using the "Order" button. By clicking on the "Order" button, the seller receives the order by email and then sends the buyer an automatic confirmation of receipt. The automatic confirmation of receipt merely documents that the order has been received by the seller and does not constitute acceptance of the application.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance. Your application can only be accepted by us up to the point in time at which you can expect to receive the response under normal circumstances (Section 147 Paragraph 2 of the German Civil Code). Exception: when paying in advance or with PayPal, the order is accepted immediately upon your order.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract are the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved, in particular
regarding the availability of goods.
(2) The quality of the goods ordered is determined from the product descriptions in the online shop. Images on the website may not accurately reflect the products; in particular, colors may differ considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall inform the customer of this in the
Order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract is concluded.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the
Order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, the seller will immediately refund any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company will take place no later than two days after receipt of payment. The delivery time is up to five days. The seller will indicate any differing delivery times on the respective product page.
Unless otherwise agreed, the goods will be delivered to the address you provide. If you provide a third party address, the
Consent must have been obtained from this person to pass on the data to us.
(2) Delivery takes place within and outside the EU. (3) The stated sales prices are final sales prices. In addition to the prices listed, we do not charge any shipping costs for the delivery of merchandise products within Germany. Please note that the buyer is responsible for the costs of returning merchandise products. Returns must be sent to the sender's address. Shipping of tools within Germany is free of charge.
For returns or complaints about ordered tools, you will find the contact details on the enclosed delivery note. You should then get in touch using the contact details provided there to initiate further steps.
It is not possible to purchase tools directly from abroad. To receive further information, it is necessary to make an inquiry.
The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page. If you cancel your order, we will refund any shipping costs paid. § 5 Payment Payment is made in advance via: PayPal: aaronkukic.shopify@gmail.com
After payment has been received, the customer receives a confirmation of this. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate yourself 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 will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to immediately complain about these defects to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact us has no consequences for the customer's statutory warranty rights, but helps the seller to assert its own claims against the carrier or transport insurance.
§ 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff of the German Civil Code (BGB).
(2) A guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
(3) You can submit complaints and claims for defects to the address provided in the provider identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Right of withdrawal for consumers
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail).
Aaron Kukic
Fuchslochweg 2
89597 Munderkingen
Email: info@aaronkukic.de
You may use the sample cancellation form available on our website, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of your exercise of the right to cancel before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will refund all payments received from you immediately and at the latest within 14 days from the day
on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period.
You will bear the direct cost 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 defect in the goods or services necessary to check their quality, characteristics and
functioning of the goods is due to handling of them that is not necessary.
Download the cancellation form
End of revocation
1. The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, of goods if they have been inseparably mixed with other goods after delivery due to their nature,
2. Please avoid damage and contamination. Please send the goods in the original packaging with all accessories and all
packaging components. If necessary, use protective packaging. If you no longer have the original packaging, please ensure
Please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to
to avoid inadequate packaging.
3. Please call us on 01726999024 before returning the goods to announce the return. This will enable us
the fastest possible allocation of products.
4. Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
are.
§ 9 Liability
The legal regulations apply.
We are liable for damages only in the cases of letters a) to d) as follows:
a) for injury to life, body and/or health as well as for damage caused intentionally or through gross negligence without limitation;
b) for damages resulting from non-compliance with any written guarantees to the extent of your financial interest as the purchaser, which is covered by the purpose of the guarantee and was foreseeable to us when it was given;
c) in cases of product liability under the Product Liability Act;
d) for the breach of essential contractual obligations due to slight negligence, the resulting liability for damages is limited to the extent of the damage that we could typically have expected to occur at the time of conclusion of the contract based on the circumstances known to us at that time. Essential contractual obligations are those fundamental obligations that were decisive for your conclusion of the contract and on whose compliance you could rely;
Furthermore, any liability for damages on our part, regardless of the legal basis, is excluded.
In the cases referred to in letter d), claims for damages and reimbursement of expenses expire after 12 months. The limitation period begins in accordance with Section 199 of the German Civil Code (BGB).
To the extent that our liability is excluded under these provisions, this also applies to the liability of our bodies and vicarious agents, in particular employees.
Any existing manufacturer warranties are governed by the warranty terms and conditions specified by the manufacturer and are directly between you and the manufacturer. Any resulting claims must be made against the manufacturer.
§ 10 Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can access at the link to the European Commission platform
( http://ec.europa.eu/consumers/odr ). The responsible consumer arbitration board is the General Consumer Arbitration Board of the Center for Arbitration eV Straßburger Str. 8
77694 Kehl
( www.Consumer-Schlichter.de )
§ 11 Dispute settlement
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Data protection
We will collect, process and store all personal data provided by you exclusively in accordance with the provisions of German data protection law.
In order to process the contract concluded with you, the use of your personal data is necessary. Any further use requires your
express consent. Details about the data collected and its respective use can be found in our privacy policy.
§ 13 Final provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you are exclusively governed by German law. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with
Connection with contracts between us and you.
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