Terms & Bedingungen
General Terms and
Conditions
I. General Terms and
Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply
to contracts, which you conclude with us as provider (Shahid Sahaf Textilien)
via the internet site www.oscarshuntign.com unless otherwise agreed, the
inclusion of any of your own terms and conditions is contradicted.
(2) Consumer in the sense of the following
regulations is each natural person, who closes a legal transaction for
purposes, which can be added predominantly neither to its commercial nor its
independent vocational activity. An entrepreneur is any natural or legal person
or a partnership with legal capacity who, when concluding a legal transaction,
acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the
contract
(1) The subject of the contract is the sale of
goods.
Our offers on the Internet are non-binding and
not a binding offer to conclude a contract.
(2) You can submit a binding offer to buy
(order) via the online shopping cart system.
The goods intended for purchase are placed in
the "shopping cart". You can access the "shopping cart" via
the corresponding button in the navigation bar 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 order data is finally
displayed again on the order overview page.
Before submitting your order, you have the
opportunity to check and change all details again (also using the
"back" function of your Internet browser) or to cancel the purchase.
By submitting the order via the button
"order subject to payment" you submit a binding offer to us.
You will first receive an automatic e-mail
about the receipt of your order, which does not yet lead to the conclusion of
the contract.
(3) The acceptance of the offer (and thus the
conclusion of the contract) takes place within 2 days by confirmation in text
form (e.g. e-mail), in which the execution of the order or delivery of the
goods is confirmed to you (order confirmation).
If you have not received a corresponding message,
you are no longer bound to your order. In this case, any services already
rendered will be refunded immediately.
(4) The processing of the order and
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 deposited with us is correct, that the receipt of
e-mails is technically ensured and in particular that it is not prevented by
SPAM filters.
§ 3 Individually
designed goods
(1) You shall provide us with the suitable
information, texts or files required for the individual design of the goods via
the online ordering system or by e-mail at the latest immediately after
conclusion of the contract. Our possible specifications regarding file formats
must be observed.
(2) You undertake not to transmit any data
whose contents infringe the rights of third parties (in particular copyrights,
rights to a name, trademark rights) or violate existing laws. You shall expressly
indemnify us against all third-party claims asserted in this connection. This
also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for
correctness of content and therefore do not assume any liability for errors.
§ 4 Right of
retention, retention of title
(1) You may 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.
(3) If you are an entrepreneur, the following
applies in addition:
a) We reserve title to the goods until all
claims arising from the current business relationship have been settled in
full. Before transfer of ownership of the goods subject to retention of title,
pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary
course of business. In this case, you hereby assign to us all claims in the
amount of the invoice amount that accrue to you from the resale; we accept the
assignment. You are further authorized to collect the claim. If you do not
properly fulfil your payment obligations, however, we reserve the right to
collect the claim ourselves.
c) If the goods subject to retention of title
are combined and mixed, we shall acquire co-ownership of the new item in the
ratio of the invoice value of the goods subject to retention of title to the
other processed items at the time of processing.
d) We undertake to release the securities to
which we are entitled at your request insofar as the realizable value of our
securities exceeds the claim to be secured by more than 10%. The selection of
the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights to liability for
defects exist.
(2) As a consumer, you are requested to check
the item immediately upon delivery for completeness, obvious defects and
transport damage and to notify us and the carrier of any complaints as soon as
possible. If you fail to do so, this will not affect your statutory warranty
claims.
(3) If you are an entrepreneur, the above
warranty regulations shall apply in deviation from the above:
a) Only our own information and the
manufacturer's product description shall be deemed agreed as the quality of the
item, but not other advertising, public promotions and statements by the
manufacturer.
b) In the event of defects, we shall provide
warranty at our discretion either by rectification of the defect or by
subsequent delivery. If the rectification of defects fails, you may, at your
discretion, demand a reduction in price or withdraw from the contract. The
removal of the defect is considered to have failed after a second unsuccessful
attempt, unless something else results from the type of item or defect or other
circumstances. In the event of rectification of defects, we shall not be
obliged to bear the increased costs arising from the transfer of the goods to a
place other than the place of performance, unless the transfer is in accordance
with the intended use of the goods.
c) The warranty period is one year from
delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damages attributable to
us from injury to life, body or health and in the case of other damages caused
intentionally or by gross negligence;
- insofar as we have fraudulently concealed
the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used
for a building in accordance with their normal use and which have caused its
defectiveness;
- in the case of statutory rights of recourse
which you have against us in connection with rights of defect.
§ 6 Choice of law
(1) German law shall apply. In the case of
consumers, this choice of law shall only apply insofar as the protection
granted by mandatory provisions of the law of the state of the consumer's
habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on
Contracts for the International Sale of Goods are expressly not applicable.
II. Customer
information
1. Identity of the
seller
Shahid Sahaf
Ost Strasse 14
53173 Bonn
Germany
Phone: +49 228 9339 0800
Whats App +491708908583
E-mail: service@oscarshunting.com
Alternative dispute resolution:
The European Commission provides a platform
for out-of-court online dispute resolution (OS Platform), available at
https://ec.europa.eu/odr.
2. Information on the
conclusion of the contract
The technical steps for the conclusion of the
contract, the conclusion of the contract itself and the possibilities of
correction are carried out in accordance with the regulations "Conclusion
of the contract" of our General Terms and Conditions (Part I.).
3. Contract language,
contract text storage
3.1 Contract language is German.
3.2 The complete contract text is not stored
by us. Before sending the order via the online shopping cart system, the
contract data can be printed or electronically saved using the print function
of the browser. After receipt of the order by us, the order data, the
information required by law for distance selling contracts and the General
Terms and Conditions will be sent to you again by e-mail.
4. Essential
characteristics of the goods or services
The essential characteristics of the goods
and/or services are to be found in the respective offer.
5. Prices and terms of
payment
5.1 The prices quoted in the respective offers
as well as the shipping costs represent total prices. They include all price
components including all applicable taxes.
5.2 Shipping costs are not included in the
purchase price. They can be called up via a correspondingly marked button on
our website or in the respective offer, are shown separately during the
ordering process and are to be borne by you additionally, unless free delivery
has been promised.
5.3 The payment methods available to you are
shown under a correspondingly marked button on our website or in the respective
offer.
5.4 Unless otherwise stated for the individual
payment methods, the payment claims from the concluded contract are due for
payment immediately.
6. Terms of delivery
6.1 The terms and conditions of delivery, the
delivery date as well as any existing delivery restrictions can be found under
an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by
law that the risk of accidental loss and accidental deterioration of the sold
goods during shipment is only transferred to you when the goods are handed over
to you, regardless of whether the shipment is insured or uninsured. This does
not apply if you have independently commissioned a transport company not named
by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and
dispatch is at your risk.
7th legal liability for defects
Liability for defects is based on the
"Warranty" provision in our General Terms and Conditions of Business
(Part I).
These General Terms and Conditions and
customer information have been prepared by the lawyers of the dealer
association specializing in IT law and are permanently checked for legal
conformity. The Händlerbund Management AG guarantees the legal security of the
texts and is liable in case of warnings. Further information can be found at:
https://www.haendlerbund.de/agb-service.