General Terms and Conditions
(Cancellation policy see § 6)
§ 1 General
1.1 The contracting parties under the following General Terms and Conditions (GTC) for the goods and services available on www.alyacutie-shop.com are
(hereinafter referred to as the “Seller”) and the Customer. The GTC apply both to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB, unless a differentiation is made in the respective clause.
1.2 The Seller provides all services on the basis of the following General Terms and Conditions in the version valid at the time of the order.
§ 2 Subject matter of the contract
The object of the contract is the sale of goods and services. The details, in particular the essential characteristics of the goods, can be found in the description and the supplementary information on the seller's website.
§ 3 Conclusion of contract
3.1 The Seller's descriptions on the Internet are non-binding and do not constitute a binding offer to conclude a contract. The information on the goods and services are merely descriptions and do not constitute an assurance of properties or guarantees.
3.2 As a visitor to the website, every customer automatically receives a “shopping cart” in which the selected goods and services of the seller are collected. As soon as the website is left without a binding offer being made by the customer, the contents of the shopping basket expire. In this case, a legal transaction has not been concluded. Before sending the order (if necessary after registering or logging in as a customer), it is possible to change or delete the contents of the shopping cart.
3.3 The acceptance of the offer (and thus the conclusion of the contract) shall take place either by confirmation in text form (e.g. e-mail in the case of custom-made products), in which the processing of the order is confirmed to the customer, or upon payment of the order. If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound by his order. In this case, any services already rendered will be refunded immediately.
3.4 The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. The customer must therefore ensure that the e-mail address provided by him to the seller is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3.5 The customer can also submit the offer to the seller by telephone, fax, e-mail or post. Additional agreements are possible in writing and by telephone. Agreements made by telephone that deviate from the offer in the online store must be confirmed in writing.
3.6 The seller offers selected products as part of an auction, on which the customer can place a bid after successful age verification. In the absence of proof of age, the seller is entitled to withdraw from the contract. In this case, any payments already made by the customer will be refunded immediately. In the case of an auction, an effective purchase contract is concluded with the customer who verifies himself and who has placed the highest bid within the bidding period. The amount of the purchase price is based on this highest bid. If another customer places a higher bid within the offer period, the low bid expires. Customers can only withdraw bids if there is a justified reason for doing so. After a justified bid withdrawal, a contract is concluded between the customer, who is again the highest bidder after the end of the auction due to the bid withdrawal, and the seller. The seller shall send confirmation of the conclusion of the contract and information on the purchase process to the e-mail address provided by the customer after conclusion of the contract.
3.7 Products in the online store that are marked “FSK 18” or “USK 18” in the description can only be collected or delivered by the customer in person upon presentation of an ID issued by an authority with a photo and registration address (e.g. identity card). Delivery to an authorized representative or delivery to a packing station is not possible for these products.
§ 4 Prices, shipping costs
4.1 All prices quoted are EURO prices including the applicable statutory VAT.
4.2 The shipping costs incurred are not included in the purchase price. The respective delivery area and shipping costs are indicated on the product pages. The shipping costs are shown separately during the ordering process and are to be borne by the customer in addition, unless free delivery has been agreed.
§ 5 Payment and shipping conditions, prepaid credit (“coins”)
5.1 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.2 The Seller assumes no procurement risk. The Seller is only obliged to deliver goods from its stock of goods.
5.3 The Seller is entitled to withdraw from the purchase contract if the purchased goods are unexpectedly not in stock or cannot be shipped. This does not apply if the seller is responsible for the unavailability of the goods. The customer shall be informed of the unavailability without delay. Any payments made by the customer will be refunded immediately.
5.4 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer.
5.5 In the event of a return shipment, the outer packaging used by the Seller for the goods must be used to ensure safe shipment
5.6 If the delivery is affected by force majeure, the delivery time shall be extended accordingly. Force majeure includes, for example, labor disputes, lockouts, official interventions, transport bottlenecks through no fault of the Seller, war, unforeseeable energy and raw material shortages, unforeseeable operational hindrances (e.g. fire, water, machine damage) and other events for which the Seller is not objectively responsible. The seller shall inform the customer immediately of the beginning and end of these hindrances. If the duration of the impediment to performance caused by force majeure is more than four (4) weeks from the original delivery date, the customer shall have the right to withdraw from the contract. Further claims are excluded.
5.7 Costs (bank charges etc.) incurred by the seller due to a failed direct debit are to be reimbursed by the customer.
5.8 A prepaid credit balance (“Coins”) can be maintained in the user account in order to purchase content, products and services, if these are intended and activated for this purpose. The credit balance is not a bank account or a means of payment and is not recognized by this website or has no value. The credit can be topped up using the payment methods offered. The credit is not transferable or refundable and does not constitute an asset.
§ 6 Right of withdrawal
If the customer withdraws from a contract, we shall reimburse the customer for all payments we have received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of the withdrawal from this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless a different means of payment was used for the original transaction.
6.1 Right of withdrawal for consumers when placing an order
Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to revoke this contract within fourteen days without stating any reasons.
The revocation period shall be fourteen days with effect from the day on which you or a third party nominated by you, which is not the carrier, had taken possession of the products.
In order to exercise your revocation right, you must inform us
Alya Cutie Onlineshop
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment. We may refuse a repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
A right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer; contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been broken after delivery; contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature; contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
End of statutory revocation instruction.
6.2 Right of revocation for entrepreneurs
There is no right of revocation for customers who are entrepreneurs in the sense of §14 BGB (German Civil Code) and who are acting in the course of their commercial or self-employed activity when concluding the contract.
§ 7 Right of retention, reservation of title
7.1 The goods remain the property of the seller until full payment of the purchase price.
7.2 If the customer's claim from the resale has been included in a current account, the customer hereby also assigns to the seller his claim from the current account against his customer. The assignment shall be in the amount that the seller had charged the customer for the resold reserved goods.
7.3 Any processing or reworking of the reserved goods shall always be carried out on behalf of the seller, without any liabilities arising therefrom. The new item shall become the property of the seller. Insofar as the customer should receive ownership through combining, mixing or blending, the customer hereby assigns to the seller any claims that may arise for the customer in accordance with § 950 BGB.
7.4 In the event of the goods being attached at the customer's premises, the seller is to be informed immediately, sending a copy of the enforcement protocol and an affidavit, and the attaching party is to be informed in detail that the attached goods are the goods delivered by the seller and subject to retention of title.
7.5 If the value of the securities in accordance with the above paragraphs of this clause exceeds the amount of the outstanding claims secured thereby by more than 20% for the foreseeable future, the customer is entitled to demand that the seller release securities to the extent that the excess exists.
§ 8 Consumer Warranty
8.1 The warranty for defects in the purchased goods is governed by the statutory provisions.
8.2 Customary or technically unavoidable, material-related deviations in the quality, color, size, equipment or design of the goods are irrelevant. There is no right of withdrawal for such or other insignificant defects. The customer is at liberty to prove that the deviations mentioned are significant to him.
8.3 As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the seller and the carrier of any complaints as soon as possible. If the customer fails to do so, this has no effect on the statutory warranty claims.
§ 9 Warranty for entrepreneurs
9.1 The seller is responsible for defects that exist at the time of delivery of the goods, in accordance with the statutory provisions.
9.2 The seller must also be notified immediately of any defects discovered at a later date; otherwise, the goods shall be deemed to have been approved, including with regard to these defects. The notification of defects must be made in writing and must describe the defect in detail. In all other respects, §§ 377 f. HGB (German Commercial Code) shall apply accordingly.
9.3 The customer is obliged to check the goods immediately upon receipt for internal and external damage and/or missing quantities and to report these defects to the seller within three days of receipt of the goods. Obvious transport damage must be recorded and confirmed by the deliverer without delay.
9.4 If the customer fails to inspect the goods or report defects in a timely manner, the delivered goods shall be deemed approved, unless the defect was not recognizable during the inspection. Timely dispatch shall be sufficient to meet the deadline; the customer shall bear the burden of proof for this.
9.5 Warranty and compensation claims shall become time-barred one year after delivery of the goods.
9.6 Customary or technically unavoidable, material-related deviations in quality, color, size, equipment or design of the goods are irrelevant. There is no right of withdrawal for such or other insignificant defects. The customer is at liberty to prove that the deviations mentioned are significant to him.
9.7 The customer shall have no warranty rights if it has modified the goods and the defect was caused by this. Likewise, warranty claims shall be excluded due to improper use of the goods and in the event of installation or assembly by unauthorized personnel. Claims of the customer for damages or reimbursement of wasted expenses shall only exist in accordance with §§ 10 of these GTC.
§ 10 Liability
10.1 Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the seller, his legal representatives or agents. Cardinal obligations in the sense of these terms and conditions are those obligations that enable the proper execution of the contract and the achievement of its purpose in the first place and on whose compliance the customer can therefore regularly rely.
10.2 In the event of a breach of material contractual obligations, the seller shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless the customer's claims for damages arise from injury to life, limb or health.
10.3 The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
10.4 The restrictions of sections 10.1 and 10.2 also apply in favor of the legal representatives and agents of the seller, if claims are asserted directly against them.
10.5 The seller assumes no liability for the constant and uninterrupted availability of his internet presence or for technical or electronic errors in the online offer.
10.6 Furthermore, the seller is not liable for damages resulting from unauthorized persons placing orders with the seller using the customer's assigned password and customer account.
10.7 According to the current state of technology, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 11 Copyrights to the seller's goods
The right of use applies only to the direct use of the goods by the customer. The customer may only resell or rent the goods if the seller has given his prior consent in text form (Section 126 b BGB). In the event of a transfer to third parties (sale, rental, etc.), regulations for use between the seller, the customer and the third party must be recorded in writing.
§ 12 Household quantities
Physical goods are sold only in quantities customary for private households.
§ 13 Import of goods abroad
When importing goods into countries outside of Germany, there may be export restrictions and import duties and taxes may apply, which the customer has to bear. These vary in different customs areas. The customer is responsible for the proper payment of the necessary duties, taxes and fees.
§ 14 Customer reviews
If the customer writes a customer review for goods and services offered by the seller, the seller is entitled to display this text in anonymized form in all of the seller's web shops and social media sites. The seller reserves the right not to display a review or to display it only for a limited period and, insofar as this is required for legal reasons (e.g. in the event of a violation of personal rights), in abbreviated form. Customer reviews reflect solely the opinion of the customers and do not necessarily coincide with the opinion of the seller.
§ 15 Storage of the contract text/data protection
15.1 The order and the order data entered are stored by the seller. With the order confirmation, all order data and these General Terms and Conditions, together with the cancellation policy and sample cancellation form, are sent to the customer.
15.2 By sending the order, the customer authorizes the seller to process, store, evaluate and use (including for advertising purposes) the data received in connection with the business relationship in accordance with the Data Protection Act. Data will only be forwarded to third parties for the purpose of executing the contract. Payment information will not be forwarded, except for the information that the purchase price has been paid. If the customer does not want this, he can place an order as a guest.
15.3 When ordering as a guest, customer data will only be used in the context of the order and will not be stored further.
15.4 The customer can request information about his stored data at any time, exercise his right to correction and withdraw his consent.
15.5 If the customer is no longer interested in receiving a newsletter at the e-mail address entered in the user account, the customer can request removal from the mailing list at any time by clicking on a link integrated in the respective e-mail or by sending an e-mail directly to fan@fan69.de. The newsletter contains current information and references to offers and promotions.
§ 16 Hygiene
No guarantee is given for germ-free delivery (in particular for hygiene items). The customer is responsible for the proper, hygienic and responsible handling of the product. No liability is accepted for possible infection/illness.
§ 17 Digital Products
17.1 The customer acquires a simple, non-transferrable, revocable right to use the digital products offered for personal use until the license fee has been paid in full. The customer is not provided ownership of the digital products.
17.2 Subject to any mandatory legal provisions to the contrary, the customer may not modify the content or editorial content of the digital products.
17.3 The customer may, in accordance with the respective product descriptions, make copies of the digital product for private or other personal use, store them on reading devices and use them on these devices in the intended manner. Any further use, in particular the transfer, editing, duplication or reproduction, distribution, publication or making publicly available of the digital products, in whole or in part, whether in digital form, by remote data transmission or in analog form, is not permitted to the customer and may be punishable. All rights, in particular copyrights, are the exclusive property of the seller or licensors.
17.4 Digital products may be individually marked with technical protection and control measures.
17.5 The customer can download each digital product already purchased a total of 5 times in the user account area. The seller reserves the right to restrict or terminate this voluntary service (reload) at any time, either temporarily or permanently, or to delete individual digital products from the user account (in particular in the event of legal violations). This does not apply to digital products that the customer has already downloaded and saved on their own storage medium (PC, e-book reader, etc.).
17.6 If updates to the digital products are required, the seller will inform the buyer.
17.7 The content (including all documents) and services on this website are provided without any liability. No responsibility is taken for commercial customariness, fitness for a particular purpose or non-infringement of intellectual property. In the case of contracts, the customer acquires a sample that must be adapted in terms of content for later use. No legal advice is provided in this regard.
§ 18 Final Clauses
18.1 EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr
We are not obligated or willing to participate in a dispute settlement procedure before a consumer arbitration board.
18.2 As far as legally permissible, Rudolstadt is agreed as the place of jurisdiction. The law of the Federal Republic of Germany applies.