Table of contents
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Contract duration and termination of the contract for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "AGB") of the Afroshop Mama T GmbH (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the one from the seller in his Online shop is completed. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
1.2 Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.
1.3 Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
1.4 Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by means of a mallel delivery and the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.
2) Contract conclusion
2.1 The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive in the customer, or
- by providing the customer to the customer, with the access of the goods to the customer, or
- by asking the customer to pay after submitting them.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.6 Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.
2.7 The German and the English language are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information on the right of cancellation arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the contract.
4) Prices and terms of payment
4.1 Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment options are/will be communicated to the customer in the seller's online shop.
4.4 If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.
4.5 If a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal can also use the third payment service provider's services. If the seller also offers payment methods via PayPal, in which he is in advance against the customer (e.g. invoice purchase or payment in installments), he refrains from payment claims to PayPal or the payment service provider specified by PayPal and the customer. Before accepting the seller's assignment declaration, PayPal and the payment service provider commissioned by PayPal, using the transmitted customer data, conducts a credit check. The seller reserves the right to refuse the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only provide PayPal or the payment service provider commissioned by PayPal with guilt. However, the seller also remains responsible for general customer inquiries in the event of a deduction of claims. B. for goods, delivery time, shipping, returns, complaints, declarations of cancellation and provisions or credits.
4.6 If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have a online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. More information about the payment method "Immediately" can be found on the Internet at https://www.klarna.com
4.7 When selecting a payment method offered by the "Shopify Payments" payment service, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are informed of the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Shopify Payments" is on the Internet at https://www.shopify.com
4.8 When selecting a payment method offered via the payment service "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via stripe are communicated to the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. More information about Stripe is on the Internet at https://stripe.com
4.9 If you select the payment method credit card via Stripe, the invoice amount is immediately due to conclude the contract. Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method with a negative credit check.
4.10 When selecting a payment method offered via the payment service "Klarna", the payment processing is made via Klarna Bank (publ), Sveafen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following website:
5) Delivery and shipping conditions
5.1 If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment at PayPal is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
5.3 If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or the institution that is otherwise intended to carry out the dispatch, if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller did not previously told the customer or institution.
5.4 The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Pickup is not possible for logistical reasons.
6) Duration of the contract and termination of the contract for subscription contracts
6.1 Subscription contracts are concluded indefinitely and can be terminated by the customer at the end of each month.
6.2 The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship to the agreed termination or until the expiry of a notice period.
6.3 Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (termination button) provided by the seller on his website.
7) Removal of title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
8) Liability for defects (warranty)
8.1 Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the event of new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims for defects are excluded from used goods;
- the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.
8.3 The liability restrictions and deadline reductions, which are regulated above, do not apply
- For claims for damages and expenses of the customer,
- In the event that the seller has fraudulently concealed the defect,
- For goods that have been used for a building according to their usual uses and whose deficiency have caused,
- for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
8.4 In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.
8.5 If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.
8.6 If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.
9) Applicable law
9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
9.2 Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who are not a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time of the contract.
If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.