Terms and Conditions (GTC)
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with ASOBI Aqua Trade Shop and Sports.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The language available for the contract is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up at ASOBI Aqua Trade Shop and Sports, Kastanienhain 28, 65812 Bad Soden, Germany during the following business hours: Monday from 13: 00-14: 30 and Tuesday from 13:00 to 15:00 except on holidays. Please inform us at least two working days before your pickup, so that we can deliver the goods from our warehouse.
5. Payment
In our shop you can basically use the following payment methods:
Payment in advance
If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
Cash on pickup
You pay the invoice amount when picking up cash.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the goods subject to retention of title with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
8. Warranty and Guarantees
It is the statutory warranty rights. Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
9. Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
- in violation of life, body or health,
- in case of intentional or grossly negligent breach of duty,
- with guarantee promise, as far as agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.
Responsible is the general consumer arbitration center of the center for conciliation e.V., Strassburger road 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
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