General Terms And Conditions
General Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (David Nii Ayi Tagoe) via the website testshop.de.eu. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to, if applicable.
(2) Consumers within the meaning of the following regulations are any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership with legal personality 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.
(2) Already by placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are stored 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, the order data will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you can make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview once again, to change it (also using the "back" function of the Internet browser), or to cancel the order. By sending the order via the corresponding button ("order with an obligation to pay" or similar designation), you legally accept the offer, and the contract is concluded.
(4) Your inquiries to create an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are usually carried out by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention insofar as 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 also applies:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership of the goods, a pledge or transfer by way of security is not permissible.
b) You may resell the goods in the ordinary course of business. In this case, you already now 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. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of a combination or mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods 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 to the extent that 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 our responsibility.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage promptly upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) To the extent that a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting the declaration of intent and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies instead of the aforementioned warranty regulations:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods. Other advertising, public promotions, and statements by the manufacturer do not constitute a contractual description of the quality of the goods.
b) In the event of defects, we provide a warranty at our discretion through rectification or replacement. If the rectification fails, you can choose to either demand a reduction in price or withdraw from the contract. Rectification is deemed to have failed after the second unsuccessful attempt unless otherwise indicated, particularly due to the nature of the item or defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transferring the goods to a location other than the place of fulfillment, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This shortening does not apply:
- to us attributable willful or grossly negligent damages caused by injury to life, body, or health, as well as in the case of intentional or grossly negligent other damages;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items that have been used in accordance with their intended purpose for a building and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with defects.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The provisions of the UN Sales Convention explicitly do not apply.
§ 6 Youth Protection
(1) When selling goods that are subject to the provisions of youth protection laws, we only establish contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you assure that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are responsible for ensuring that only you yourself or persons authorized by you to receive the delivery who have reached the legally required minimum age take delivery of the goods.
(3) To the extent that we are required by law to perform age verification, we instruct the logistics service provider commissioned with delivery to hand over the goods only to persons who have reached the legally required minimum age and to request identification to verify age from the person receiving the goods if there is any doubt.
(4) To the extent that we indicate in the respective item description that you must have reached the age of 18 for the purchase of the goods beyond the legally required minimum age, the above paragraphs 1-3 apply with the proviso that majority must be present instead of the legally required minimum age.
II. Customer Information
1. Identity of the Seller
David Nii Ayi Tagoe DjuDju Beer International Konradinstrasse 5 12105 Berlin Germany Phone: 0049 308911602 Email: email@example.com
Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible 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 correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside of the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., by email, which you can print out or electronically save.
4. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices stated 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 applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, will be shown separately during the order process, and must 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 designated button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and, if applicable, any existing delivery restrictions can be found under a correspondingly 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 item during shipment only passes to you when the item is 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 another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch take place at your risk.
7. Statutory Warranty Rights
The warranty is based on the provisions "Warranty" in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers specializing in IT law at the Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service. Last update: 01.01.2022.