General Terms and Conditions of Shop &AVA (www.and-ava.de)
§1 Applicability to entrepreneurs and definitions of terms
(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
§2 Formation of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders via our Internet shop http://www.and-ava.de
(2) If the contract is concluded, the contract comes with it
(3) The presentation of the goods in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract. By submitting your order you have an offer made available to us for purchase. The automated order confirmation sent to your e-mail address confirms that we have received your order, but it does not constitute acceptance of your offer. In this e-mail you will find, in addition to the details of your order, a possibility (link) to inform you about the conditions for the conclusion of a purchase contract (GTC) with us.
The conclusion of the purchase contract between you and and-ava.de (Ascilepius GmbH) takes place at the point in time at which the ordered product is sent by us to the delivery address you specified. At the same time you will receive a shipping confirmation, also by e-mail. Once again, what you have ordered and the associated conditions such as price, shipping costs, delivery address, etc. will be recorded in writing so that you can check the content of your order again.
(4) When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the "Add to cart" button
3) Checking the information in the shopping cart
4) Pressing the "Checkout" button
5) Entering the applicant details (contact information and delivery address)
6) Confirmation of the button "Continue to payment"
7) Entering the payment and billing details and confirming them by clicking the "Check order" button
8) Re-examination or correction of the entered data
7) Binding dispatch of the order by clicking the "Buy" button
Before the binding submission of the order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button in the Internet browser he is using after checking his details Closing the internet browser cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email ("order confirmation"). With this we accept your offer.
(5) Saving the text of the contract when ordering via our online shop: We save the text of the contract and send you the order data and our general terms and conditions by email. You can view the terms and conditions at any time at http://www.and-ava.de/pages/agb.
§3 Prices, shipping costs, payment, due date
(1) The prices indicated include the statutory sales tax and other price components. In addition, there are any shipping costs.
(2) The consumer has the option of paying by PayPal, credit card (Visa, Master Card, American Express), Klarna and Sofortüberweisung.
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract. If no payment is received within one week of the binding order, the order will be cancelled.
(1) The delivery takes place with a delivery period of 14 days. In the case of payment in advance, the period for delivery begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the item sold is only transferred to the buyer when the item is handed over to the buyer, even in the case of mail-order sales.
§5 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§6 Right of withdrawal of the customer as a consumer:
Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
End of revocation
Attention: The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery
- Contracts for the delivery of newspapers, magazines without subscription.
§7 Cancellation form
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable.
The statutory warranty regulations apply.
§9 Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§10 Contract language
As contract language german will be available exclusively.
Status of the General Terms and Conditions February 2022