Terms and Conditions of consumer
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Dipl.-Ing. Mohamed EL Mansouri (Rheinland) Germany - hereinafter referred to provider - and the customer, which are closed on the website www.aladinbazar.com Dealers. Unless otherwise agreed, the inclusion of its own conditions of the customer is excluded.
(2) Consumers in terms of the following regulations is any natural person who enters into a transaction for a purpose that can be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of its independent professional or commercial activity.
(3) The contractual language is German. The full text of the contract will not be saved by the provider. Before submitting the order via the online - shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order offered by the order data, the information required by law for distance contracts and the terms and conditions are sent to the customer via e-mail again.
When requests for quotations are received via e-mail to the seller for example, the customer receives all contract data sent via email as part of a binding offer, which can print the customer or save electronically.
§ 2 contract
Subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods can be found in the item description and product information on the website.
§ 3 Conclusion of contract
(1) The product descriptions of the provider on the Internet are not binding and no binding offer to conclude a contract.
(2) The customer can a binding offer (order) via the online - Rate shopping cart system. The purchasing goods intended to be placed in the "basket". The customer can via the appropriate button in the navigation bar to call the "shopping cart" and then make changes at any time. After calling the site "Checkout" and entering the personal information and the payment and shipping terms, all order data are finally again displayed on the order summary page. Before submitting the order, the customer has the opportunity here to check all the details again to change, (also using the "back" of the Internet browser) or cancel the purchase. By sending the order via the "pay it order" the customer makes a binding offer from the seller. The customer receives an automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and therefore the contract) is done either by confirmation in writing (eg email), in which the customer confirms the goods the processing of the order or delivery or by delivering the goods. Should the customer within 5 days no acknowledgment or notice of the shipment or do not have the goods, he is no longer bound by his order. Optionally already rendered will be returned immediately in this case.
(4) requests the customer to purchase goods or to individual quotations outside the Online - Cart system, are received by e-mail to the seller for example, are not binding for the customer. The supplier shall submit to the customer for this purpose a binding offer in writing (eg by email), which may take within 5 days the customer.
(5) The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. The customer must therefore ensure that the instrument deposited by him offered e-mail address is correct, the receiving of emails technically assured and is especially not inhibited by SPAM filters.
§ 4 Prices, Shipping Costs
(1) References in the respective offer prices and shipping costs are final prices because Due to the small business status. § 19, we charge no sales tax, and therefore have not made this.
If the delivery takes place in the non-EU countries, other duties, taxes or fees may be paid by the customer, not the seller, but the customs and tax authorities there. The customer is advised to check the details before ordering at the customs and tax authorities.
(2) The shipping costs are not included in the purchase price. You are on the page "Delivery" callable, are reported separately during the order process and are to be paid additionally by the customer, unless the no shipping costs is promised.
(3) Gem. § 19 is not shown on the invoice VAT.
§ 5 Payment and shipping terms
(1) The terms of payment and shipping can be found under the same button in the navigation.
(2) Unless otherwise stated in the individual payment, the payment claims from the completed contract immediately due for payment.
(3) If a member appointed by the customer product unexpectedly not available, despite prompt conclusion of an adequate hedging transaction from one of the vendors for reasons beyond, the customer is informed immediately about the unavailability and refunded in case of withdrawal payments already made immediately.
(4) For consumers is regulated by law that the risk of accidental loss and accidental deterioration of the sold during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured occurs.
§ 6 Return costs when exercising the cancellation right
In the event of the exercise of EU consumer law right of withdrawal for distance contracts is agreed that the customer has to bear the cost of returning if the price returned does not exceed an amount of 40 euros or if at a higher price the thing customers can return or a contractually agreed partial payment at the time of the revocation not yet rendered, unless the delivered goods do not comply with the order. In all other cases, the operator bears the cost of returning.
§ 7 retention, retention of title
(1) A lien, the customer only exercise if it concerns claims arising from the same contract.
(2) The goods remain until full payment of the purchase price from the vendor.
§ 8 Warranty
(1) The statutory provisions.
(2) As a consumer is asked to check the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the Freight Forwarder complaints as quickly as possible to the customer. If the Customer does not comply, this does not affect the statutory warranty claims.
(3) In case of used goods, the warranty period is different from the statutory scheme one year after delivery of the goods. The one-year warranty period shall not apply to the seller attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith of the provider, as well as recourse pursuant to §§ 478, 479 BGB. §
§ 9 Liability
(1) The provider is liable each unlimited liability for damage arising from injury to life, limb or health, to all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item, in case of damage the product liability Act and in all other cases established by law.
(2) If substantial contractual obligations are concerned, the Suppliers liability for slight negligence to the typical, foreseeable damage. Material contractual obligations are material obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations that the seller imposes the contract to its content to achieve the purpose of the contract, which makes the proper execution of the contract at all possible may make and on which the customer may regularly rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations. allowed.
(4) Data communication via the Internet can not be guaranteed error free and / or available at any time after the current state of technology. The provider is liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there. allowed.
§ 10 Choice of law, place of performance and jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability). allowed.
(2) performance for all aspects of the business and existing jurisdiction with the provider is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also to appeal to the court in another jurisdiction remains unaffected. allowed.
(3) The provisions of the CISG expressly not apply.