I. General Terms and Conditions
Section 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (awanstar GmbH) via the website www.awanstar.de. Unless otherwise agreed, the inclusion of your own conditions used by you shall be objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of his independent professional or commercial activity when concluding a legal transaction.
Section 2 Conclusion of the contract
(1) The object 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 purchase offer (purchase order) via the online shopping cart system.
The goods intended for purchase are stored in the “shopping cart”. Using the corresponding button in the navigation bar, you can access the “Add to Cart” and make changes at any time. After calling up the page “Checkout” and entering the personal data as well as the payment and shipping conditions, all order data will be displayed on the order overview page again.
If you use the instant payment system “PayPal – Express” by clicking on the correspondingly designated button integrated in the shop system, you will be redirected to the PayPal log-in page. After successful registration, your address and account data stored with PayPal will be displayed. Via the button “further” you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the option of checking all details again, change (also about the function “back” of the Internet browser) or cancel the purchase.
By submitting the order via the “Purchasing” button, you submit a binding offer from us.
You will first receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) shall be made within 2 days by confirmation in writing (e.g. E-mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you will no longer be bound by your order. If necessary, services already rendered will be refunded immediately in this case.
(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 stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filter.
Section 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
Section 4 Liability
(1(1) We are fully liable for damages resulting from injury to life, body or health. Furthermore, we shall be liable without restriction in all cases of intent and gross negligence, in the event 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 shall be governed by the corresponding regulation in our customer information (Part II).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are essential obligations arising from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and whose compliance you are allowed to regularly rely rely rely rely rely fully.
(4) In the event of a breach of minor contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of the art, 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 service offered there.
Section 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies if this does not withdraw the protection granted by mandatory provisions of the law of the country of the consumer’s residence (odized principle).
(2) The place of performance for all services arising from the business relationships and the place of jurisdiction with us is our registered office, insofar as 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 their place of residence or habitual residence is not known at the time the action is filed. The authority to also appeal to the court to another legal jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the Convention on Contract expressly shall not apply.
II. Customer information
1. Identity of the seller
awanstar GmbH
Cardinal-Galen-str 103
47058 Duisburg
Germany
Phone: 01787823163
Fax: 0203 39397526
E-mail: info-alibabaminisites.com
European Commission Platform for Online Dispute Supplement: http://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
2. Information on the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text
3.1. The contract language is German.
3.2. The full text of the contract will not be stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured via the printing function of the browser. After receipt of the order with us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Key features of the goods or services
The essential features of the goods and/or services can be found in the article description and the supplementary information on our website.
5. Prices and payment methods
5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all taxes.
5.2. The shipping costs incurred are not included in the purchase price. You can be accessed via a correspondingly designated button on our website or in the respective article description, will be shown separately in the course of the ordering process and are to be borne by you in addition, unless the free delivery is promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective article description.
5.4. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective article description.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only shall not be transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any person otherwise designated to carry out the shipment.
7. Legal liability for defects
7.1. There are statutory rights to defect liability.
7.2. As a consumer, you will be asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder complaints as soon as possible. If you do not comply with this, this will not affect your statutory warranty claims.