General Terms and Conditions

General terms and conditions

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed with the online shop of:
Managing Director: Aaron Wilhelm
E-Mail: support@guapi.de

(2) The goods offered in our online shop are exclusively for buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business are therefore valid for all future business relationships, even if they are not expressly agreed upon again. The inclusion of the General Terms and Conditions of a customer, which contradict our general terms and conditions, is already being contradicted.
(4) The contract language is exclusively German.
(5) You can check the currently valid terms and conditions at the
website
retrieve and print.

§ 2 Conclusion of contract

(1) The product presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.

(2) By clicking the "Buy Now" button, you make a binding purchase offer (§ 145 BGB).

(3) After we received your purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order. This acknowledgment of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase agreement on the goods comes into existence only if we explicitly declare acceptance of the purchase offer or if we send the goods to you without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages does not contain the legal VAT. 

§ 4 Terms of payment; 

(1) The payment is made alternatively:

Credit card
Paypal 


(2) When paying by credit card the purchase price at the time of the order is reserved on your credit card ("authorization"). The actual debit of your credit card account is at the time when we ship the goods to you.

(3) If you pay with Paypal, you will be redirected to Paypal. Once your authorization has been made, we will be notified and will release the shipping, depending on the delivery time of the item.
(4) In the case of payment with direct transfer, you are forwarded to direct transfer. Once your authorization has been made, we will be notified and will release the shipping, depending on the delivery time of the item.

(4) If you are in arrears with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the basic interest rate. A reminder fee of EUR 2.50 will be charged to you for each reminder sent to you after the delay has occurred, unless a lower or higher damage is proved in the individual case.

§ 5 Offsetting / Right of Retention

(1) You are entitled to a right of set-off only if your claim has been legally established, is not denied or acknowledged by us or is in a strict synallagmatic relationship with our claim.

(2) You can exercise a right of retention only if your claim is based on the same contractual relationship.

§ 6 Delivery; Retention of title

(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you specify.

(2) The goods remain our property until the full payment of the purchase price.

(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall also apply:

  • We retain ownership of the goods until the full settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
  • The goods may be resold in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which you are accruing from the resale. We accept the assignment, but you are authorized to collect the receivables. If you fail to comply with your payment obligations, we reserve the right to collect claims ourselves.
  • In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
  • We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.

§ 7 Revocation instruction

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), so you make the purchase for purposes which can not be attributed predominantly to your commercial or independent professional activities, you have a right of revocation under the following provisions.

Withdrawal

You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. Reduced items can be revoked without.
To exercise your right of revocation, you must contact us

Company: Aaron Wilhelm Retailer
Address:
Aaron Wilhelm
Claridapark 8
8636 Wald
Switzerland
Contact Us |
Switzerland
E-Mail: support@guapi.de

By means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this greement, we will pay you all the payments we have received from you within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.

We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.

You have to return the goods to us or at the latest and within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days.

They shall only be liable for any loss of value of the goods if this loss in value is attributable to the handling of the goods which is not necessary to examine the quality, characteristics and functioning of the goods.

(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer wrapper. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damage claims due to defective packaging.

(3) Please call us back before sending back to announce the return. This enables us to assign the products as quickly as possible.

(4) Please note that the conditions set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.

§ 8 Transport damages
(1) If goods are delivered with apparent transport damage, please report such faults immediately to the delivery company and contact us as soon as possible.

(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is - one year - deviating from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of the proper execution of the contract at first and on which the contractual partner may regularly rely (cardinal obligation) As well as for claims due to other damages that result from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.

(3) In addition, the statutory provisions apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:

For the quality of the goods are only our own data and the product description of the manufacturer binding, but not public promises and utterances and other advertisement of the manufacturer.
You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The punctual sending is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
In the event of defects, we shall, at our discretion, make a warranty by repair or replacement (supplementary performance). In the event of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
The warranty period is one year from date of delivery.

§ 10 Liability

(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for minor negligence in the case of damage resulting from the injury to life, body and health of persons.

(2) In addition, the following limited liability applies: In case of slight negligence, we shall be liable only in the event of a breach of a material contractual obligation, the fulfillment of which allows the proper execution of the contract at first and on which you may regularly trust (cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of the contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.

§ 11 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the effectiveness of the other provisions shall remain unaffected.

(2) Any contracts between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Source: HÄRTING Lawyers, www.haerting.de, vertragstexe@haerting.de, Chausseestraße 13, 10115 Berlin