General

The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of ALLASHEFER Bags, Ansbacher strasse 41, 10777 Berlin (hereinafter: SELLER) under the domain www. allashefer-bags.com .

These General Terms and Conditions contain special provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter: ENTREPRENEURS). These special clauses for commercial transactions are identified by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of Section 13 of the German Civil Code.

The SELLER does not accept any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.

Conclusion of contract

The CUSTOMER can place the desired products in the shopping cart by clicking on the corresponding button and then start the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the necessary contact details for shipping and payment and complete the order by clicking on the "Buy now" button.

The CUSTOMER can correct input errors, especially products that have been mistakenly placed in the shopping cart, by entering the desired quantity in the shopping cart and using the buttons provided. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons.

The presentation of the products in the SELLER's online shop merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the products in the shopping cart. The SELLER will immediately confirm receipt of the order automatically by email. The automated order confirmation from the shop system does not constitute a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the inventory by sending a separate declaration of acceptance by email or by sending the goods within a period of 5 days or 3 working days after the order. The purchase contract is only concluded with this separate declaration of acceptance or with receipt of the goods within the aforementioned period. The invoice is equivalent to a declaration of acceptance.

The purchase contract is concluded with ALLASHEFER Bags, Ansbacher Strasse 41, 10777 Berlin.

The contract language is German.

Contract text storage

The contract text is saved by the SELLER. The order data is sent to the CUSTOMER separately in text form (email). The General Terms and Conditions can also be accessed and printed out in the online shop.

Right of withdrawal

Consumers generally have a statutory right of cancellation. The legal regulations regarding any existing right of cancellation are contained exclusively in the cancellation policy, which is available to the CUSTOMER during the ordering process.

Prices and shipping costs

The prices valid on the day of the order as displayed in the online shop apply.

The prices displayed in the online shop are in euros and include VAT.

When purchasing goods that are delivered in a package or otherwise by post, the following applies: The prices displayed in the online shop do not include shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before ordering.

For all orders/deliveries of goods, a flat shipping fee will be charged in accordance with the shipping costs table available in the online shop under xy. The flat shipping fee for international shipping can also be seen in the shopping cart before the order is sent. The flat shipping fee for international shipping will be communicated to the CUSTOMER separately after the order has been placed, unless it is visible in the shopping cart before the order is sent. The CUSTOMER has the right to cancel his order within 2 working days after being informed of the international shipping costs if the international shipping costs were not specifically communicated before the order was placed.

In individual cases, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER for cross-border deliveries.

Payment terms

The SELLER only accepts the payment methods offered during the ordering process in the online store. The CUSTOMER selects his preferred payment method from the available payment methods.

If payment is made via PayPal of the company PayPal (Europe) S.à rl et Cie, SCA, 22 - 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and identify himself with his PayPal access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER. Payments can also be made using the PayPal payment method without a PayPal user account. With regard to PayPal's guest function, the terms and conditions available via the payment method apply. If the CUSTOMER chooses to pay by credit card in PayPal, he may be asked for a required second authentication feature by displaying the credit institution's website, depending on the amount of the payment or the type of delivery. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or facial scan using a special app. Further information can be found on the Paypal website at https://www.paypal.com/de/webapps/mpp/home .

CUSTOMERS who are BUSINESSES within the meaning of Section 14 of the German Civil Code (BGB) are only entitled to set-off rights if the counterclaims have been legally established, are undisputed or have been recognized by the SELLER or if the opposing claims are based on the same legal relationship. This set-off prohibition does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

Delivery and shipping conditions – Information on calculating the delivery date

The delivery of the goods, which are delivered in a package or in any other way by post, will be made, unless otherwise agreed with the CUSTOMER, by post (package, parcel, letter, forwarding agent, etc.) to the delivery address provided by the CUSTOMER in the order.

Delivery is free curbside.

Delivery to packing stations is not possible.

The delivery time is specified separately on the respective product detail page.

The delivery time stated on the product detail page begins in the case of payment in advance on the working day after the CUSTOMER's payment order to the transferring credit institution, or in the case of all other payment methods on the working day after the day on which the contract is concluded.

In the case of deliveries to businesses, the risk of accidental loss and accidental deterioration of the item sold passes to the business owner upon handover to the business owner or to an authorized person, or in the case of mail-order sales, upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the item sold passes to the consumer upon handover of the goods to the consumer in accordance with Section 446 of the German Civil Code (BGB). With regard to the transfer of risk, it is equivalent to handover if the CUSTOMER defaults on acceptance.

Orders can be placed by all customers from the European Economic Area and, if applicable, other countries specified in the online shop and/or in the shipping costs table. Orders are only delivered to Germany and, if applicable, to the countries specified in the online shop and/or in the shipping costs table.

In case of delays in delivery, the SELLER will inform the CUSTOMER immediately.

If the carrier returns the purchased item to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER will bear the costs of re-shipping. This does not apply if the CUSTOMER has exercised any existing right of cancellation at the same time as refusing to accept the item, or if he is not responsible for the circumstances that led to the impossibility of delivery, or if the CUSTOMER was temporarily prevented from accepting the service offered, unless the SELLER had announced the service to him a reasonable time in advance.

Retention of title

The SELLER reserves ownership of the items sold until the purchase price has been paid in full.

The goods subject to retention of title may not be pledged to third parties or transferred as security by the CUSTOMER before the secured claims have been paid in full. The CUSTOMER must notify the SELLER immediately in writing if and to the extent that third parties gain access to the SELLER's goods.

If the CUSTOMER acts in breach of contract, in particular if the purchase price due is not paid, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the CUSTOMER does not pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER has previously been given a reasonable deadline for payment without success or if such a deadline is unnecessary under the statutory provisions.

Warranty/liability for defects/obligation to give notice

The rights in the event of defects in the purchased item are governed by the statutory provisions.

Claims for defects by BUSINESSES who are merchants within the meaning of the German Commercial Code (HGB) require that they have properly fulfilled their inspection and complaint obligations pursuant to Section 377 of the German Commercial Code (HGB) in writing within 14 calendar days of receipt of the goods. This obligation to complain does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

The limitation period for claims for defects by BUSINESSES is 12 months, calculated from the transfer of risk to the BUSINESSER. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

Liability

The CUSTOMER's claims for damages or reimbursement of wasted expenses against the SELLER are governed by these provisions outside the warranty law and without regard to the legal nature of the claim.

The liability of the SELLER is excluded - regardless of the legal reasons - unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the liability of the SELLER is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER under the Product Liability Act remains unaffected (Section 14 ProdHG).

The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health resulting from an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.

If the SELLER negligently violates an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for achieving the purpose of the contract (essential contractual obligation or cardinal obligation), liability is limited to the damage typically incurred, i.e. to such damage that must typically be expected to occur within the scope of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on whose compliance the CUSTOMER regularly relies and may rely.

Data storage and data protection

Only the data protection provisions of the data protection declaration on the website www.allashefer-bags.com apply .

Note according to Art. 14 ODR Regulation

CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option of conducting an online dispute resolution procedure on the EU portal “Your Europe” ( https://europa.eu/youreurope/citizens/index_de.htm ) with the assistance of a recognized dispute resolution body. To do so, they can use the EU’s online dispute resolution platform at the URL https://ec.europa.eu/consumers/odr/ .

The online dispute resolution procedure is not a mandatory requirement for recourse to the competent ordinary courts, but represents an alternative possibility for resolving differences that may arise within the framework of a contractual relationship.

Other national provisions governing the conduct of arbitration proceedings remain unaffected by the above provisions in clauses 12.1 and 12.2.

Note according to § 36 VSBG

CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) generally have the option of seeking alternative dispute resolution within the meaning of Section 36 of the German Dispute Resolution Act (VSBG).

The alternative arbitration procedure is not a mandatory prerequisite for appealing to the competent ordinary courts, but represents an alternative possibility for resolving differences that may arise within the framework of a contractual relationship.

The SELLER does not participate in the alternative dispute resolution procedure within the meaning of Section 36 VSBG.

Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the SELLER at Ansbacher Strasse 41, 10777 Berlin.

The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought. The SELLER's right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

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