(1) These General Terms and Conditions of Business apply to all orders, in particular from consumers in accordance with § 13 BGB (German Civil Code), which are placed with the online shop ofPetite Ayami GmbH, Managing Director: Ms Dina Babayeva, Dannenkamp 13, H1, 22869 Schenefeld, Germany.
(2) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business shall apply to enterprises/ entrepreneurs in accordance with § 14 BGB (German Civil Code) and thus also to all future business relations, even if they are not expressly agreed again. Deviating general business relations of the customer are expressly rejected.
(3) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(4) The contract language is German.
(5) The General Terms and Conditions are available for you at any time on our website http://www.petiteayami.com and can be copied or printed out by you. The text of the contract is not saved.
2 Conclusion of Contract
(1) The presentation of our goods in the online shop does not represent a binding request for the conclusion of a sales contract. Rather, it is an invitation to make an offer by placing an order.
(2) By clicking the button [“Buy now”] you submit a binding offer to purchase (§ 145 BGB). Before you send the order, you can review it once again.
(3) We will confirm the receipt of your order by sending you a confirmation e-mail. (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. The contract with you is only concluded when the goods are delivered, or an express declaration of acceptance is made (order confirmation).
(4) Your request can only be accepted until such time as you can expect to receive the answer under regular circumstances (§ 147 para. 2 BGB).
Exception: when paying with PayPal, the order is accepted immediately with your order.
3 Pricing
Prices quoted in the online shop include the statutory value added tax and other price components but do not include the respective shipping costs. We will clearly indicate the shipping costs in the shopping cart system and in the virtual checkout area/order page again. More information on the shipping costs can be found on our website under [“Billing Details”].
4 Payment Due Date
Payment of the purchase price is due upon conclusion of the contract.
5 Terms of Payment / Late Payment
(1) The payment is made alternatively by: Credit card, PayPal
(2) We reserve the right to choose the payment method available in each case. It is therefore solely up to us to offer you only selected payment methods for payment.
(3) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorisation). The actual charge to your credit card account is made at the time we ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”) during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and follow the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) If you default on a payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless lower or higher damages can be proven in the individual case.
6 Offset / Right of Retention
(1) You are only entitled to offset only if the corresponding counterclaim has been legally established. Furthermore, it must be undisputed, recognised by us or be in a close synallagmatic relationship with our claim.
(2) You only have a right of retention if your counterclaim is based on the same contractual relationship.
(3) In the event of a revocation, we have a right of retention of the payment made by you until we receive the goods back from you or until you have provided proof of the dispatch of the goods.
7 Delivery / Retention of Title
(1) If you do not expressly provide us with a delivery address that differs from your address, and in the absence of any special agreement, the goods will be delivered from our warehouse to the address you provide.
(2) The goods remain the property of Petite Ayami GmbH until the purchase price has been paid in full.
(3) In exceptional circumstances we might not be supplied in time. In these cases, we are not obliged to deliver the ordered goods, if we have ordered the goods properly on our part, but correct and timely delivery has not been made (congruent covering transaction). This only applies if we are not responsible for the lack of availability of the goods ourselves and you have been informed of this circumstance without delay. We cannot invoke this right if we have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We expressly do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur as defined by § 14 BGB, the following additional provisions apply:
Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted. 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, but you are authorised to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves. 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. We agree to release the securities to which we are entitled upon request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
8 Transfer of Risk for Consumers
The risk of accidental deterioration or accidental loss of the goods at the user’s premises shall only pass to the consumer upon delivery.
9 Cancellation Policy
s a consumer you have a right of revocation as defined by § 13 BGB. In this sense, you are a consumer if you make the purchase for purposes that cannot be predominantly attributed to your commercial or self-employed professional activity.
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of revocation, you must
Company:
Address:
E-mail:
Phone:
Fax:
inform us by means of a clear statement (e.g. a postmarked letter, fax, or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of Revocation
If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notification of your withdrawal from this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. The deadline is met if you send the goods before the end of the fourteen-day period. You will pay the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their nature, properties, and functioning.
If you wish to revoke the contract, please fill in and return this form.
(1) Among other things, the right of revocation does not apply to the delivery of
– sealed goods which cannot be returned for reasons of health protection or hygiene if their seal has been removed after delivery;
– goods, if they have been inseparably mixed with other goods after delivery due to their nature.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by faulty packaging.
(3) Please notify us of a return by sending an e-mail toinfo@petite-ayami.comto announce the return. In this way you enable us to identify the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of revocation.
10 Transport Damage
(1) If you receive goods with obvious transport damage, please file a complaint immediately with the respective deliverer and contact us as soon as possible.
(2) Failure to file a complaint or contact us will not affect your statutory warranty rights. However, you will support us in asserting our own claims against the carrier or the transport insurance company.
11 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer as defined by § 13 BGB, the liability period for warranty claims for used goods is one year – in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims based on other damages which are based on an intentional or grossly negligent breach of duty by us or our vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period in accordance with § 438 (1) No. 3 BGB.
(4) If you are an entrepreneur as defined by § 14 BGB, the statutory provisions apply with the following special features:
– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
– You are obliged to inspect the goods immediately and with due care for discrepancies in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
– In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of rectification of defects, we do not have to bear the increased costs that arise from the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you can choose to demand a reduction in price or withdraw from the contract.
12 Liability
(1) Your claims for damages are excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents ofPetite Ayami GmbH, insofar as you make claims against them.
(2) Unlimited liability: We have unlimited liability for intent and gross negligence and in accordance with the German Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body, and health of persons.
(3) The following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). This limitation of liability also applies to our vicarious agents.
13 Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you
(4) In all other cases the local place of jurisdiction is Hamburg.
