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General Terms and Conditions

§ 1 Scope and Provider

 

(1)

These terms and conditions apply to all orders at the online shop PASYONA . PASYONA is a brand of

 

Neumann & Joudeh GmbH 

Scharnhorststrasse 24 

10115 Berlin

 

Managing Director: Rebhi Joudeh

 

(2)

The product range in our online shop is exclusively aimed at Buyers who have reached the age of 18.

 

(3)

Our deliveries, services and offers are made exclusively on the Basis of these terms and conditions. The general Business conditions apply to companies thus also for all future business relationships, even if they are not express again be agreed. The inclusion of terms and conditions a customer who meets our terms and conditions contradict, is already contradicted.

 

(4)

Contract language is exclusively in German.

An English translation will also be provided as soon as the customer converts the online store to the optional English language. A changeover does not happen automatically. The English translation is done with Google translator. The company Neumann & Joudeh GmbH is not liable for the correctness of the translation into English .

 

If you have questions about Google Translate, please contact:

 

Google Ireland Limited

Gordon House, Barrow Street

Dublin 4

Ireland

Tel: +353 1 543 1000

Fax: +353 1 686 5660

E-Mail: support-deutschland@google.com

 

(5)

You can change the currently valid terms and conditions on the Website [ Link ] retrieve and print.

 

§ 2 Conclusion of contract

 

(1)

The presentation of goods in the online shop does not make a binding application the conclusion of a contract of sale. Rather, it is a noncommittal request to order goods in the online shop.

 

(2)

By clicking on the button [" buy"] make a binding purchase offer (§ 145 BGB). Just before Submit this order, you can check the order again and correct if necessary.

 

(3)

After receipt of the purchase offer you will receive an automatically generated e - mail, with which we confirm that we have received your order (Acknowledgment of receipt). This confirmation of receipt does not yet constitute an assumption Of your purchase offer. A contract comes through the acknowledgment of receipt not yet done.

 

(4)

A purchase contract for the goods is only concluded when we expressly the acceptance of the purchase offer explain (order confirmation) or if we the goods - without prior express acceptance - to you to ship. Exception: when paying in advance takes place Acceptance of the order immediately with your order.

 

§ 3 prices

 

The prices stated on the product pages include the statutory VAT and other price components and are inclusive of respective shipping costs. Further information about the shipping costs can be found on our website under ["Shipping Information"].

 

§ 4 Terms of payment; delay

 

(1)

Payment can be made by:

Invoice in advance,

via payment service STRIPE with

Credit card or SOFORT .

 

(2)

The choice of the available payment methods is up to us. We In particular, we reserve the right to choose only for payment To offer payment methods, for example, to secure our Credit risk only prepayment.

 

(3)

When selecting the payment method in advance, we call ours Bank details in the order confirmation. The invoice amount is within 10 days after receiving the order confirmation on our account to remit.

 

( 4 )

When paying with STRIPE CARD + 3D-Secure you will be in the ordering process on the website forwarded by the 3D-Secure method . In order to be able to pay the invoice amount by credit card , you , as the owner of the credit card , must legitimize yourself with your access data and the money order to confirm with us. After placing the order in the shop we request STRIPE to initiate the payment transaction. Further information is available during the ordering process. The payment transaction becomes direct through STRIPE then done automatically.

 

( 5 )

When paying with STRIPE SOFORT, you will be redirected to the website of the SOFORT payment processor in the order process .

 

( 6 )

If you are in arrears with a payment, you are in a position to pay statutory default interest of 5 percentage points above the Committed base rate. For each letter of formal notice, which after the entrance of the If you are sent a late payment, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher Damage is proven.

 

§ 5 set-off / right of retention

 

(1)

You are only entitled to set-off if your counterclaim has not been disputed by us is recognized or in a close synallagmatic relationship with ours Claim stands.

 

(2)

You can only exercise a lien as far as your counterclaim based on the same contractual relationship.

 

§ 6 delivery; Retention of title

 

(1)

Unless otherwise agreed, the delivery of the goods takes place from ours Warehouse to the address indicated by you.

 

(2)

The goods remain our until full payment of the purchase price Property.

 

(3)

Exceptionally, we are not obliged to deliver the ordered goods, if we have ordered the goods properly, but not supplied correctly or on time (congruent hedging transaction). The condition is that we do not accept the missing goods availability and informed you of this fact immediately. In addition, we must not risk the procurement of the ordered goods

have taken over. In case of corresponding unavailability of the goods We will reimburse you for any payments already made. The risk, one to get ordered goods (procurement risk), we take over Not. This is also true when ordering goods that are just of their kind and theirs Characteristics is described according to (generic goods). We are only for delivery from our stock of goods and from us ordered from our suppliers

Committed goods.

 

(4)

If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:

 

-          We reserve the ownership of the goods until complete Settlement of all claims from the current business relationship.

 

-          Before transfer of ownership of the reserved goods is a pledge or security transfer not allowed.

 

-          You may resell the goods in the ordinary course of business. For In this case, you already enter all claims in the amount of Invoice amount that accrue to you from the resale, to us from. We accept the assignment, but you are collecting the money Claims authorized. As far as your payment obligations are not duly, we reserve the right to Collect receivables yourself.

 

-          In connection and mixing of the reserved goods, we acquire Co-ownership of the new object in proportion to the invoice value of the Reserved goods to other processed objects to Time of processing.

 

-          We undertook to provide the securities due to us on request in so far as the realizable value of our securities is the receivables to be secured by more than 10%. The selection of Collateral to be released is our responsibility.

 

§ 7 Cancellation Policy

 

In the event that you are a consumer within the meaning of § 13 BGB, so the purchase too Purposes that are primarily neither yours nor yours be assigned to independent professional activity, you have one Withdrawal in accordance with the following provisions.

 

Withdrawal

You have the right, within fourteen days without giving any reason this Contract to revoke.

The withdrawal period is fourteen days from the date on which you or one of Third party named to you, who is not the carrier, the goods in possession have taken or has. To exercise your right of withdrawal, you must contact us

 

First and last name :

*Company:

A nschrift:

E-mail:

Phone:

* Fax:

 

* Optional

 

by means of a clear statement (eg a letter sent by post or e-mail) regarding your decision to revoke this agreement .

 

You can use the attached model withdrawal form but not required.

 

To comply with the withdrawal period, it is sufficient that you send the message about the Exercise of the right of withdrawal before the expiry of the withdrawal period.

  

Consequences of the cancellation

If you withdraw this contract, we will have you all the payments we made have received from you immediately and at the latest within fourteen days from the day to which the notice of withdrawal of this contract is attached we have received.

 

We use the same for this repayment Means of payment used in the original transaction unless otherwise agreed with you; in none Case you will be charged for this repayment charges.

We can refuse the repayment until we get the goods back or until you have provided proof that you have the goods whichever is the earlier. You have the goods immediately and in any case no later than fourteen Days from the date on which you give us notice of the cancellation of this contract teach, send back to us or to to hand over. The deadline is respected if you cancel the goods before the deadline of send 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 value loss on one to the examination of the condition, characteristics and Functioning of the goods not necessary handling them is due.

 

Template withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

 

On

First and Last Name:

Company:

Address:

E-mail:

Fax:

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

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 when notified on paper)

date

(*) Delete as appropriate.

 

End of revocation

 

(1)

The right of withdrawal does not exist on delivery

 

-          of goods which are not prefabricated and for the production of which individual selection or determination by the consumer is authoritative or clearly based on the personal needs of Customized (eg T-shirts with your photo and yours Name)

 

-          sealed goods which, for reasons of health protection or the Hygiene are not suitable for return if their seal after the delivery was removed,

 

-          of goods, if these are due to their nature after delivery were inseparably mixed with other goods,

 

-          of sound or video recordings or computer software in one sealed package when the seal is removed after delivery has been,

 

-           newspapers, magazines or magazines except Subscription contracts.

 

(2)

Please avoid damage and contamination. Send the Goods please in original packaging if possible with all accessories and with all packaging components back to us. If necessary, use one protective outer packaging. If you no longer have the original packaging Please ensure that you have suitable packaging for one adequate protection against transport damage, claims for damages to avoid damage due to defective packaging.

 

(3)

Please call us before returning to [ +49 30 - 814 50 50 5 ] to get the To announce the return. In this way, you allow us one fastest possible allocation of the products.

 

(4)

Please note that those mentioned in paragraphs 2 and 3 above Modalities not required for the effective exercise of the right of withdrawal are.

 

§ 8 Transport damage

 

(1)

If goods are delivered with obvious transport damage, then Please report such errors to the deliverer immediately and take them please contact us as soon as possible.

 

(2) Failure to make a complaint or contact has for your statutory warranty rights no consequences. But they help us our own claims against the carrier or the To assert transport insurance.

 

§ 9 Warranty

 

(1)

Unless otherwise expressly agreed, yours Warranty claims in accordance with the statutory provisions of Purchase Law (§§ 433 ff. BGB).

 

(2)

If you are a consumer within the meaning of § 13 BGB, is the period of liability for warranty claims for used goods - Deviating from the legal regulations - one year. These Limitation does not apply to claims due to damages arising from the Injury to life, body or health or from the Violation of an essential contractual obligation, the fulfillment of which proper implementation of the contract in the first place whose compliance the contracting party may regularly rely on (Cardinal obligation) as well as for claims due to other damages that on an intentional or grossly negligent breach of duty of the User or his vicarious agents.

 

(3)

In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period acc. Section 438 (1) no. 3 BGB.

 

(4)

If you are an entrepreneur within the meaning of § 14 BGB, the statutory Provisions with the following modifications:

 

-          For the condition of the commodity are only our own data and the Product description of the manufacturer binding, but not public Promotions and comments and other advertising of the manufacturer.

 

-          You are obliged to deliver the goods immediately and with the necessary Take care to examine quality and quantity deviations and us obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In case of injury The obligation to inspect and to notify is the assertion of the warranty claims locked out.

 

-          In case of defects, we provide warranty at our discretion by repair or replacement delivery (supplementary performance). In the case of rectification must We do not bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the Shipment not the intended use of the goods equivalent.

 

-          If the remedy fails twice, you can do so at your option Demand reduction or withdraw from the contract.

 

-          The warranty period is one year from date of delivery.

 

§ 10 Liability

 

(1)

Unlimited liability: We are fully liable for intent and gross Negligence and in accordance with the product liability law. For easy We are liable for negligence in the event of damage resulting from injury to life, the Body and the health of persons.

 

(2)

For the rest, the following limited liability applies: In case of slight negligence we are only liable in case of breach of a material contractual obligation, their fulfillment the proper execution of the contract at all first made possible and on whose compliance you can regularly rely (Obligation). The liability for slight negligence is the amount

limited to the damages foreseeable at the time of conclusion of the contract, with Emergence typically has to be expected. This limitation of liability also applies in favor of our vicarious agents.

 

§ 11 Alternative Dispute Resolution

 

The EU Commission has a platform for out-of-court settlement provided. This gives consumers the opportunity to resolve disputes Related to your online ordering initially without the intervention of a Clarify the court. The dispute resolution platform is under the external link http://ec.europa.eu/consumers/odr/ available. We endeavor to resolve any disagreements from our contract by mutual agreement. In addition, we are about to attend one Conciliation procedure is not obligatory and you can participate in one unfortunately not offer such procedures.

 

§ 12 Final Provisions

 

(1)

Should one or more provisions of these GTC be ineffective or By doing so, the validity of the other provisions will be affected not touched.

 

(2)

On contracts between us and you is exclusively German law Applicable to the exclusion of United Nations provisions Convention on Contracts for the International Sales of Goods (CISG, " UNContent "). Mandatory provisions of the country in which you are usually stay, remain untouched by the choice of law.

 

(3)

Are you a merchant, legal entity under public law or public law Special assets, so our place of business is the place of jurisdiction for all Disputes arising out of or in connection with contracts between us and Them.

 

As of June, 2019

 

Copyright & Source :

HÄRTING Rechtsanwälte, www.haerting.de, contract texts @ haerting.deChausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

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