General Terms And Conditions
General Terms and Conditions of Business (GTCB)
1.1 The following General Terms and Conditions of Business (“GTCB”) of the online shop with the URL http://www.aisamerch.de, which is operated by AisaMerch.de, proprietor Toralf Stertze, Alfred-Kästner-Str. 44, 04275 Leipzig, Germany on behalf of AISAmusic, proprietor Simon Füllemann, 7542 61st St. Apt. 1, Ridgewood, NY 11385, United States of America, TAX ID 47-4813709 (“AISA”), shall apply for all orders with AISA via the shop.
1.2 “Consumer” in terms of these GTCB, pursuant § 13 of the German Civil Code (BGB), is any natural person, who concludes a legal transaction for purposes, which can be predominantly attributed to neither its commercial nor its independent business activities.
1.3 “Entrepreneur” in terms of these GTCB, pursuant § 14 of the German Civil Code (BGB), is any natural or legal person or a partnership with legal personality, which when concluding a legal transaction acts in exercise of its commercial or independent business activities.
2. Conclusion of contract
2.1 The products offered in AISA’s shop constitute binding offers by AISA to conclude a contract. The conclusion of contract shall come into force, as soon as a buyer undertakes the individual steps of the order process and ultimately concludes this by pressing the “purchase” button. Selection of goods, conclusion of contract and contract processing shall be in the German language.
2.2 AISA stores the contract text, including these GTCB. Prior to sending the order, the contract data can be printed out using the browser’s print function or electronically stored by the customer. Following AISA’s receipt of the order, the order data, the legally prescribed information for distance contracts and the GTCB shall be sent to the buyer via email.
2.3 With respect to the buyer, AISA shall retain ownership of the goods purchased until the full payment of the purchase price owed.
3. Right of withdrawal
Buyers that order from AISA as consumers (§ 13 of the German Civil Code (BGB)) shall be entitled to a right of withdrawal pursuant statutory requirements (§§ 312d, 355 of the German Civil Code (BGB)). Details hereto are found in the AISA Withdrawal Notice at http://aisamerch.de/returns.
4. Prices and order
4.1 All prices are stated in euros and understood to be final prices, including 19 % value added tax and plus shipping costs.
4.2 AISA accepts advance payments, PayPal Express and PayPal and bank wire transfers.
In the case of payment via PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (Hereinafter: “PayPal”), PayPal’s relevant terms and conditions of use as currently amended apply (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE).
4.3 Additional taxes or costs (e.g. customs) are incurred in the framework of an order, when shipping to a non-EU country, which are not paid via AISA or invoiced by AISA but rather shall be paid by the buyer directly to the competent customs or tax authorities; please enquire with these authorities regarding the specifics.
5.1 Shipping shall be within two workdays after ASIA’S receipt of payment. Transport duration then amounts to generally one up to five workdays within Germany, three to 21 days abroad, depending upon the shipping company, shipping volumes and external circumstances, e.g. weather conditions or any strikes.
5.2 The shipping costs shall be listed together with the relevant product description. AISA shall generally ship with German Post, DHL and on request via GLS.
5.4 If the transport company returns the dispatched delivery to AISA, as a delivery to the buyer was not possible, the buyer shall bear the cost for this unsuccessful shipment; this shall not apply if the buyer is a consumer and effectively exercises its right of withdrawal.
5.5 If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the buyer, as soon as AISA has delivered the object to the freight forwarder.
5.6 If the buyer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall basically first pass to the buyer upon delivery of the goods to the buyer or to a person authorized to accept delivery.
6. Warranty rights and claims for defects
6.1 Statutory provisions regarding warranty rights (§§ 437 ff. of the German Civil Code (BGB)) and the buyer’s rights to claim for defects regulated therein shall apply.
6.2 For consumers the statutory statute of limitations of 24 months following delivery of the goods shall apply.
6.3 If the buyer is an entrepreneur then the right to claim for defects shall become time-barred 12 months following the delivery of the goods. Excluded therefrom shall be claims for injury to life, limb or health, which are based on a negligent breach of duty by AISA or a willful or negligent breach of duty of a legal representative or vicarious agent of AISA.
7. Limitation of liability
7.1 AISA’s liability for slightly negligent breach of duty shall be excluded, with the exception of breaching essential contractual obligations (“cardinal obligations”, meaning those obligations, the satisfaction of which make performance of the due execution of the agreement even possible and adherence to which the other party can normally rely on) as well as injury to health, limb or life.
7.2 AISA’s liability shall be limited to the settlement of the foreseeable, contractually typical and direct damages related to the type of each service, insofar as the liability is not unrestricted pursuant the above Paragraph 7.1.
7.3 In other respects the statutory liability regulations shall apply.
8. Product representation
8.1 The items represented by AISA may exhibit slight variations depending upon the buyer’s internet browser and monitor settings used; technologically these deviations are unfortunately not avoidable.
8.2 The images, which are used to describe the items offered, do not in every case represent the original items, which are offered. The example images shall hence serve, as applicable, only as illustrations, which is however expressly stated. The description of the respective item shall be authoritative.
9. Alternative dispute resolution
9.1 The EU Commission provides a platform on the Internet for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr
9.2 This platform serves as a point of contact for the out-of-court resolution of conflicts from online purchase or service agreements, in which a consumer is involved.
10 Final provisions
10.1 Deviating or supplementary individual contractual provisions to these GTCB or in the order placed must be in writing to be effective and shall exclusively apply for the respective order. This shall also apply for a waiver of this written form clause itself.
10.2 If one of the provisions of these GTCB or the order is or becomes ineffective this shall not affect the effectiveness of rest of the GTCB or the order. Such effective and practicable provision, the effects of which come as close as possible to what the parties had commercially intended with the ineffective and/or impracticable term, shall replace the ineffective, impracticable term. The same shall apply in the event of a loophole.
10.3 German Law, excluding the UN Convention on Contracts for the International Sale of Goods, shall apply to purchases in the shop for consumers and other persons with their habitual domicile or residence in a member state of the European Union (EU) or the European Economic Area (EEA) on the date of the conclusion of contract.
German Law, excluding the UN Convention on Contracts for the International Sale of Goods as well as the German consumer protection law, shall apply for consumers with their habitual residence in a country which is not a member of the EU or the EEA.
Independent from this choice of law, the mandatory consumer protection law of the country, in which they have their habitual residence on the date of the conclusion of contract, shall also always apply for consumers.
10.4 If the buyer is an entrepreneur the place of jurisdiction shall be Leipzig unless another location is prescribed by law.