General Terms And Conditions
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, POSSIBILITIES OF CORRECTION
The purchase contract is concluded with Anvex GmbH.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language (s) available for the conclusion of the contract: German, English, French, Spanish
We save the contract text and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.
4. TERMS OF DELIVERY
In addition to the stated product prices , shipping costs are added. You can find out more about the amount of shipping costs in the offers.
In principle, you have the option of collection from Anvex GmbH, Georgswerder Bogen 13a, 21109 Hamburg, Germany during the following business hours: 9:00 a.m. - 4:00 p.m.
We do not deliver to packing stations.
5. PAYMENT
The following payment methods are available in our shop:
Prepayment
If you choose the prepayment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Cash payment upon collection
You pay the invoice amount in cash upon collection .
6. RIGHT OF WITHDRAWAL
Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The buyer bears the costs for the return shipment.
7. RESERVATION OF TITLE
The goods remain our property until they have been paid for in full.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9. WARRANTIES AND GUARANTEES
1. Used items can show signs of use; In principle, these do not represent a defect. In addition, the warranty is excluded for entrepreneurs when selling used items, also to the extent that the defect arose after the conclusion of the contract and before the transfer of risk. The exclusion of warranty does not apply, however, if the seller is fully liable according to § 8 of these terms and conditions.
2. In the event of defects in the delivered item, consumers have the choice of reducing the remuneration in accordance with the statutory provisions (reduction), canceling the contract (rescission) or demanding compensation instead of performance or reimbursement of wasted expenses. The consumer cannot demand a right to supplementary performance by eliminating the defect or delivering a defect-free item.
3. Entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods using the contact details listed above; otherwise the assertion of the warranty claim is excluded. Timely dispatch of the notification of defects is sufficient to meet the deadline. A deficiency notification requirement for consumers does not exist. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
4. In the event of transport damage, the customer undertakes to notify the seller of this immediately and to support them to the best of their ability in asserting claims against the respective transport company or the transport insurance company. In particular, the customer must keep the packaging until further notice.
5. In the case of used items, the warranty period is one year from delivery, unless the warranty is completely excluded. In the other cases, the warranty period for consumers is two years and for entrepreneurs one year from delivery of the goods. However, the one-year warranty period does not apply if the seller is fully liable according to § 8 of these terms and conditions.
6. The mere presentation of the goods is to be regarded as a pure description of the services, in no way as a guarantee for the quality of the goods.
Further claims do not follow from this guarantee.
10. LIABILITY
For claims due to damage caused by us, our legal representatives or vicarious agents, we are always unrestrictedly liable
• for injury to life, limb or health
• for willful or grossly negligent breach of duty
• for guarantee promises, if agreed or
• as far as the scope of the Product Liability Act has been opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
In addition, claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find here [https://ec.europa.eu/consumers/odr/]. Consumers have the opportunity to use this platform to settle their disputes. To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, we are obliged to participate in dispute settlement procedures before a consumer arbitration board. Responsible is the General Directorate Justice and Consumers, European Commission, 1049 Bruxelles / Brussel, Belgium, http://ec.europa.eu/consumers/odr/. We will take part in a dispute settlement procedure before this point.
12. FINAL PROVISIONS
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.