General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (XXX) via the website afrooz.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you will be objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) Already with the listing of the respective product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar you can call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.B. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be led to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding takes place to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the option of checking all information again, changing it (also via the “back” function of the Internet browser) or cancelling the purchase.
By submitting the order via the button “order with obligation to pay” you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.B. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
§ 5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 6 Protection of minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorised by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, 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 have the identity card of the person receiving the goods presented for age control.
(4) Insofar as we show in the respective article description that you must have reached the age of 18 for the purchase of the goods, the preceding paragraphs 1-3 shall apply with the proviso that instead of the legally prescribed minimum age, the age of majority must be present.
II. Customer Information
1. Identity of the Seller
24941 Flensburg, Germany
Tel: +49 151 2023 4442
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed under https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is german.
3.2. The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.B. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you with the handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.