General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The general 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 case may be contradicted by your own conditions.
(2) Consumers in the sense of the, Regulations is any natural person who has entered into a legal transaction for purposes that are predominantly neither their nor their independent professional activity can be attributed. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising 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 purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all of the order data will then be displayed again on the order overview page.
IF YOU use the instant payment system "PayPal - Express" by clicking the correspondingly labeled button integrated in the shop system, YOU will be redirected to the PayPal log-in page. After you have successfully logged in, your address and account details stored with PayPal will be displayed. With the button "continue" YOU will be directed back to the order overview page in our online shop.
Before submitting the order, you have the opportunity to check the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, YOU are making 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 a 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 execution of the order or delivery of the goods is confirmed (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 reimbursed.
(4) The processing of the order and the transmission of all information in connection with the contractual requirement is partly automated by email. YOU must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) YOU can only exercise a right of retention insofar as it concerns claims from a joint contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 liability
(1) We are liable for damages resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of willful 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 legal cases.
(2) Liability for defects within the framework of the statutory warranty is based on the corresponding regulation in our customer information (Part II).
(3) If contractual obligations are mainly affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential obligations are all obligations that are imposed by the nature of the purpose of the contract, the fulfillment of which make the proper execution of the purpose of the contract possible in the first place and on the observance of which you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. We are not liable for
the constant, uninterrupted availability of the website and the services offered there.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability 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 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 your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
47058 Duisburg, Germany
Phone: 049 1787823163
Platform of the EU Commission for online dispute resolution: http://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
2. Information on the formation of the contract
The technical steps for the conclusion of 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 storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, 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 email.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the item description and the additional information on our website.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
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 delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 a person otherwise appointed to carry out the shipment.
7. Statutory warranty rights
7.1. The statutory warranty rights exist.
7.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.