General terms and conditions (GTC) and consumer information
1. Validity of the conditions
1.1 Distance sales contracts with Chehade GmbH via the online shop www.damaskunst.com are based on these General Terms and Conditions in the version valid at the time of the order. Conditions of purchase used by you when placing the order are already contradicted, unless we agree otherwise with you.
1.2 Our offer is aimed at adults, i.e. consumers and entrepreneurs who have reached the age of 18.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneurs in the sense of the terms and conditions are natural or legal persons or legal partnerships with whom we enter into business relationships and who act in a commercial or independent professional activity.
2. Conclusion of the contract
2.1 Our offers for distance selling are not a binding offer, but a non-binding invitation to you to order goods from us using an online process. When ordering online via the virtual shopping cart, on the final order page, by clicking the order button that completes the order, you submit a binding contract offer for the items that you previously placed in the shopping cart during the electronic ordering process. Upon receipt of your order, we will immediately confirm it by email or fax, in which the details of the order are listed and the contract information / terms and conditions are included (order confirmation). Upon receipt, our order confirmation already represents the acceptance of your binding order (conclusion of contract).
2.2 If we offer “PayPal” as a payment method as part of the ordering process and if you select it, you will issue PayPal with payment instructions during the payment process. In this case, contrary to Section 2.1, we accept the contract immediately after your order as soon as we ask PayPal to make the payment to us.
3. Information about the contract
3.1 As a matter of principle, we do not save the text of the contract and we will not otherwise make it available to you after the contract has been concluded. After your order, we will also send you an order confirmation along with these terms and conditions and consumer information by email, fax or letter. The print function of your browser also gives you the option of printing out order data and contract text while you are placing your order.
3.2 You have the option of correcting input errors that have crept in while filling out the order in a summary using appropriate commands on the keyboard or by clicking the mouse before the final submission of your order. All entries can also be corrected using the back button of your browser before placing the order.
3.3 The contract is concluded in German with the company:
Winterhuder Weg 114
3.4 We have not submitted to any special code of conduct (set of rules).
3.5 Since the contract is concluded and the further order processing with you takes place via email (e.g. order confirmation), you are obliged to ensure that the email address you provided for processing the order is activated so that the emails sent to you for processing the order are also activated approach. In particular, when using spam filters, you have to ensure that the order confirmation, as well as all other e-mails sent to you with the order processing, can be sent to you. In the course of order processing, we may pass on your email address to the shipping company for the purpose of notification of delivery.
4. Right of withdrawal
Consumers generally have a right of withdrawal. You can find our instructions on the right of cancellation for consumers on the extra page cancellation policy / cancellation form .
5. Prices, shipping costs, default in acceptance
5.1 Our prices are total prices in euros (EUR) including the applicable statutory value added tax. No discount is granted. The amount of the costs for packaging and shipping can be found on the website "Delivery, shipping, payment" or a corresponding information page.
5.2 If delivery to the address you specified is not possible, e.g. because the address was incorrect, we can invoice you for the costs of the unsuccessful dispatch. This does not apply in cases in which you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting it.
5.3 For general payment information, please refer to our "Delivery, Shipping, Payment" button or a corresponding information page.
5.5 In the case of cross-border deliveries outside the European Community (e.g. to Switzerland), additional costs may be incurred in accordance with the statutory provisions applicable there, such as additional taxes and / or duties, for example in the form of customs duties. These costs are not additional shipping costs, so you have to bear them. If necessary, please find out more from the customs authorities in your country before ordering from abroad.
6. Means of payment, due date in advance
The payment methods we accept can be found on the respective websites of the offer. If we agree with you to pay in advance, payment is due immediately after the contract is concluded.
7. Delivery, delivery restrictions, delivery times, transfer of risk
7.1 We deliver to the delivery countries specified by us with a transport company of our choice. We use the delivery address you provided when ordering. We point out delivery conditions, delivery times and delivery restrictions on the website of the offer.
7.2 If you are a consumer, we always bear the shipping risk regardless of the shipping method. If you are an entrepreneur, all risks and dangers of the shipment are transferred to you as soon as the goods have been handed over to the commissioned transport company.
8. Reservation of self-supply
We reserve the right not to deliver the goods in the event that they are not available or, if it is reasonable for you to do so, only partially (reservation of self-delivery). In both cases we will inform you immediately that the ordered goods are not available and that any consideration you have already paid will be reimbursed immediately. The reservation of self-delivery only applies in the event that we have concluded a specific hedging transaction in good time and are not responsible for the lack of availability or that we ourselves have been let down by our sub-suppliers through no fault of our own. Further legal claims on your part remain unaffected.
9. Checking the delivery, complaints, defects
9.1 An outgoing goods inspection is always carried out before the goods are delivered, but in your own interest we recommend that you check the goods upon receipt. If you discover any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate the next steps with you.
9.2 If you notice any packaging and / or transport damage upon delivery, we ask you to have this confirmed in writing by the carrier upon delivery and to notify us. We will then vote the next steps with you. We recommend that you keep the damaged packaging for evidence purposes if possible.
9.3 If you fail to comply with the provisions in the preceding two paragraphs, this has no effect on your liability for defects.
9.4 If there is a commercial transaction within the meaning of the Commercial Code (HGB) for the contracting parties in business dealings, the commercial obligation to notify applies in accordance with Section 377 of the German Commercial Code.
10. Retention of title
The goods remain our property until you have paid for the goods in full.
11. Liability for defects, liability for other damage
11.1 There is a statutory warranty right for goods with the following provisions:
The warranty period for new items is 24 months for consumers; the warranty period for entrepreneurs is limited to 12 months. The warranty period for used articles is 12 months for consumers, the warranty for defects is excluded for entrepreneurs. Claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we have assumed that the item will retain a certain quality for a certain period of time (durability guarantee) are excluded from this provision. For these excluded claims, the statutory limitation periods apply.
11.2 Our liability for other damages beyond the statutory liability for defects is also based on the statutory provisions.
12. Withdrawal from the contract
12.1 We are entitled to withdraw from the contract with regard to a part of the delivery or service that is still open if you have provided incorrect information about your creditworthiness or objective reasons have arisen with regard to your solvency or the opening or rejection of insolvency proceedings against your assets Proceedings become known for lack of cost-covering assets. Before you withdraw, you will be given the opportunity to make an advance payment or provide suitable security.
12.2 Without prejudice to any claims for damages, in the event of partial withdrawal, partial services already provided must be settled in accordance with the contract and paid for by you.
13. Severability clause, choice of law, jurisdiction agreement
13.1 If the aforementioned provisions are wholly or partly not part of the contract or are ineffective, the rest of the contract remains effective.
13.2 The law of the Federal Republic of Germany applies to the contractual relationship and the respective terms and conditions. The UN sales law is excluded. If you are a consumer, the statutory provisions of the state of your habitual residence under mandatory law remain unaffected by this choice of law clause.
13.3. If you are a merchant within the meaning of the German Commercial Code (HGB), a corporation under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these terms and conditions is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if we do not know your place of residence or your usual place of residence at the time the action is brought. The authority to sue you at another legal place of jurisdiction remains unaffected.
14. Alternative Dispute Resolution
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
© HZ as of March 2nd, 2018