Terms and Conditions and Customer Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Allay Germany UG (limited liability)) via the website www.allay.de. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) Consumers in terms of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational 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.
§ 2 Formation of Contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for 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 completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. They have, therefore, ensure that you stored in your e-mail address is correct, the receiving of emails is technically assured and especially not inhibited 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) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
Section 5 Liability
(1) We are fully liable for damage from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of 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) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage typical of 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 to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly rely on their compliance.
(4) In the case of breach of minor contractual obligations, liability for slightly negligent breach of duty is excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. 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 applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable 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 that you are not a consumer, but a merchant, a legal person 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 residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
1. Identity of the seller
Allay Germany UG (limited liability)
Alternative dispute resolution:
The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), accessible 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 German.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After the order has been received by us, the order data, the information required by law for distance 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.