Standard Business Terms and customer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Allay Germany UG (limited liability)) via the www.allay.de website. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Formation of Contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all the order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or you will first be taken to the website of the provider of the Instant payment system forwarded.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before sending the order, you have the option to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "order with costs" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements for offered payment methods
(1) SEPA direct debit (basic and / or company direct debit)
If you pay by SEPA core direct debit or SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The deadline for submitting the pre-notification will be reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the case of a direct debit due to your fault, you have to bear the bank fee.
§ 4 retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
Section 5 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
Allay Germany UG (limited liability)
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with the regulations "conclusion of the contract" of our general terms and conditions (part I.)
3. Contract language, treaty text storage
3.1. Contract language is English.
3.2. The full text of the contract will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and, as a result, the Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Price and Payment Methods
6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
6.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7. delivery terms
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
8. Statutory warranty rights
8.1. There are statutory liability for defects.
8.2. As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.
last update: 02.10.2017
Alternative dispute resolution under Article 14 1 para ODR Regulation and § 36 VSBG..:
The European Commission is providing a platform for online dispute resolution (OS), which you can https://ec.europa.eu/consumers/odr find. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer-enforcement agency.