General Terms and Conditions of Business

These terms and conditions apply to all purchases made by private customers at Afroshop Mama T (https://mama-t.de/de/impressum/).
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.

Prices and shipping costs

The prices quoted are final prices including value added tax. The amount shown at the time of the binding order shall apply. Shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you, are added. You can find out more about the details at (https://mama-t.de/lieferundversandbedingungen).
for more information. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation (https://mama-t.de/widerrufsbelehrung/). If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment is made on delivery by

Default of payment

If you are in default of payment, Afroshop Mama T is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Afroshop Mama T can prove that a higher damage caused by delay has occurred, Mama T is entitled to claim this.

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

  1. Delivery is made to the delivery address given by the customer, within – Germany
  2. If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Afroshop Mama T is not obliged to perform. Amounts already paid will be refunded immediately by Afroshop Mama T.
  3. Afroshop Mama T can also refuse the service, as far as this requires an effort, which is grossly disproportionate to the interest of the customer in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded immediately by Afroshop Mama T.
  4. Bulky goods (parcels with a larger volume than 1 sqm) are usually delivered by a forwarding agent. Afroshop Mama T expressly points out that these goods are not carried into the house.

Favourable shipping method for returns

  1. When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged due to an opening for functional testing.
  2. Please use the fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be liable to pay us the increased costs compared to a cheaper shipping method.

Retention of title

Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Afroshop Mama T. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Defect rights

  1. If a product is already defective upon delivery (warranty case), Afroshop Mama T will, at the customer’s option and at Mama T’s expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
    a) in the case of damage caused to the customer by misuse or improper use,
    b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
  2. Furthermore, Afroshop Mama T does not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.
  3. If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the dictates of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim is limited to the respective other type of supplementary performance. The right of Mama T to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
  4. Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of Afroshop Mama T to the return address given by her, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. Afroshop Mama T is not obliged to inspect the product for the insertion of such items. Afroshop Mama T is not liable for the loss of such items, unless it was readily apparent to Afroshop Mama T at the time of taking back the product that such an item had been inserted into the product (in this case Afroshop Mama T will inform the customer and keep the item ready for the customer to collect; the customer will bear the costs incurred in doing so). The customer must also, before sending in a product for repair or replacement, make separate backup copies of the system software, applications and all data on the product on a separate data carrier, if necessary, and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer’s responsibility to install the software and data and to reactivate the passwords.
  5. If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
    a) if the lack entitling to the resignation showed up only during the processing or transformation,
    b) if Afroshop Mama T is responsible for the deterioration or loss or if the damage would also have occurred at Afroshop Mama T,
    c) if the deterioration or the loss occurred with the customer although he has observed that care which he is used to apply in his own affairs.
  6. The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
  7. The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
  8. In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.

  9. The legal warranty of Afroshop Mama T ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

  1. In the case of slight negligence Afroshop Mama T is only liable in the case of breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in the case of injury to life, body and health. Afroshop Mama T is not liable for other damages caused by slight negligence due to a defect of the object of purchase.
  2. Independently of a fault of Afroshop Mama T, a liability of Afroshop Mama T in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by Afroshop Mama T.
  3. Afroshop Mama T is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred with timely delivery.
  4. The personal liability of the legal representatives, vicarious agents and employees of Afroshop Mama T for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Afroshop Mama T is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [Afroshop Mama T, Berliner Platz 13A, 22045 Hamburg).

Dispute resolution

General information obligations for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions

  1. Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
  2. Amendments or supplements to this contract must be made in writing.

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