GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF AC BRANDS GMBH ("PREACH") FOR BUSINESS TRANSACTIONS WITH CONSUMERS
1. TERMS AND CONDITIONS; CONTRACTUAL PARTNERS
The following General Terms and Conditions (hereinafter referred to as "General Terms and Conditions" apply to all contracts for the purchase of goods in the online shop of AC Brands GmbH, Alte Papierfabrik 28, 40699 Erkrath, Germany (hereinafter referred to as "PREACH") “ e.g., accessible via www.preach.shop “ by the customer (hereinafter referred to as "Customer"; PREACH and the Customer hereinafter jointly referred to as the "Parties"). Any deviating terms and conditions of the Customer shall not become an integral part of the contracts between the Parties even if PREACH does not expressly contradict their effectiveness. Contractual partners within the scope of the contract are exclusively PREACH and the ordering Customer.
2. ORDERS BY THE CUSTOMERS
2.1 All orders by the Customer apply subject to acceptance by tigha and the availability of the goods. When submitting an order, the accuracy and completeness of all information submitted are guaranteed by the Customer. In addition, the Customer confirms that he/she is an authorized user of the credit or debit card or other methods of payment used for the order.
2.2 Only adults with a residential address within the European Union (EU) may order from us. The order must not be placed for commercial nor independent professional activity and not on behalf of a third party. Merchants within the meaning of Section 14 German Civil Code are not entitled to place orders. We expressly point out that we will not issue invoices within the meaning of Section 14 German Value-Added Tax Act.
3. ENTERING INTO A CONTRACT
3.1 The presentation of products in the online shop is not a legally binding offer, only non-binding product advertising. By ordering goods, the Customer submits a binding offer to enter into a purchase contract. After submitting the order, the Customer will receive an email acknowledging receipt of the order (hereinafter referred to as "Order Acknowledgment"). This Order Acknowledgment represents acceptance of the offer, but this does not yet result in a contract coming into existence. A purchase contract between PREACH and the Customer will only come into existence by means of a further express order confirmation (offer acceptance by PREACH after checking the Customer data (credit and identity check) and availability of the goods) or by sending of the goods.
3.2 Goods are only sold in usual household quantities.
4. TERMS AND CONDITIONS OF DELIVERY; SHIPPING COSTS; COSTS FOR RETURNS IN THE EVENT OF CANCELLATION
4.1 Deliveries by PREACH shall only be made after receipt of the purchase price in addition to any shipping costs incurred in accordance with Articles 4.3.
4.2 After we receive the payment, delivery is performed by mail dispatch to the delivery address indicated by the client. Unfortunately, it is not usually possible to deliver to PO box addresses or to a Packstation.
4.3 The delivery costs for the deliveries in an EU member country are indicated in the online shop, in the overview of the shipping costs, and are accounted for the client in the order form.
4.4 In case of the exercise of the legal right of cancellation, in accordance with section 6, the following regulation applies to the costs of returning goods: the clients from Germany can use our free return service. The clients from all other EU countries have to bear themselves the costs of return delivery and are responsible for the return delivery until the package arrives in our storage center.
4.5 Orders for the limited Havana Club bottle can only be placed by non-commercial, natural persons and persons of full age. The age check is carried out by the shipping service provider when the order is handed over.
5. PRICES AND PAYMENT METHODS
5.1 The prices, which are indicated in the online shop are the final prices, including the legal value-added tax and excluding the possible shipping costs, in accordance with the previous sections 4.3 and 4.4. During the ordering process, the client receives before the order shipment an overview of information with notably the total price of the order.
5.2 The client can make the payment by credit card, PayPal, immediate transfer or pay by bill (according to the result of the provider credit check). We reserve the right, for each order, not to propose certain methods of payment and refer to other methods of payment.
5.2.1 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
Pay in 14 days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service.
Direct banking: Available in Germany, Austria, and the Netherlands. Your account will be debited directly after placement of your order.
The payment methods Pay in 14 days is only available in case of a positive credit assessment.
For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna.
We can only offer you the payment methods available based on the result of the credit check.
General information about Klarna and the user terms per country can be found on www.klarna.com.
Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
5.3 The Customer can change the payment type stored in his/her user account at any time.
6. RESERVATION OF ASSET; OFFSET; RIGHT OF RETENTION
6.1 For consumers, we retain the ownership of the item purchased until the complete payment of the invoiced amount. If you are an entrepreneur performing your commercial or independent professional activity, a legal entity of public law or a special fund under public law, we retain the right of ownership of the item purchased until settlement of all outstanding receivables from the business relationship with the ordering party. The equivalent security rights are applicable to third parties.
6.1.1 You shall be entitled to offset only if your counterclaims have been legally established or are uncontested or accepted by us. Also, you have a right of retention only when your claim is based on the same contractual relationship.
6.1.2 If the client is in arrears with us on any payment obligation, then all existing amounts receivable shall become due and payable immediately.
7. REVOCATION NOTICE
Right of Cancellation
You have the right to cancel this contract within fourteen days without stating a reason.
The cancellation period totals fourteen days from the day on which you or a third party appointed by you, who is not a carrier, take(s) possession of the goods.
In order to exercise your right of cancellation, you must notify us (AC Brands GmbH, Alte Papierfabrik 28, 40699 Erkrath, Germany, Tel +49 (0) 211 168281-160, Fax +49 (0) 211 168281-222, email firstname.lastname@example.org) by means of a clear declaration (e.g., by mail, fax or email) of your decision to cancel this contract. You may use the attached sample cancellation form, but this is not a requirement.
In order to comply with the deadline for cancellation, it is sufficient that the notification of the exercising of the right of cancellation is sent before the end of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we must refund to you all payments that we have received from you including shipping costs (with the exception of the additional costs that result if you have chosen another form of delivery than the cheapest standard delivery offered by us) immediately and not later than within fourteen days from the date on which we received your notification of the cancellation of this contract. For such repayment, we will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees as a result of such repayment.
We can refuse to make a repayment until we have received the goods back from you or until you have submitted proof that you returned the goods, depending on which is sooner.
The goods must be sent or submitted either to us or to AC Brands GmbH, c/o ACTC GmbH, Logistics Erkrath, Feldheider Straße 37, 40699 Erkrath, Germany, or by email: email@example.com or by fax: +49 (0) 211/168 281-222. The deadline will be considered to have been met if you send the goods within fourteen days.
Costs of return shipping will be borne by us.
You will only be responsible for paying for any loss in value if this results from any unnecessary handling on your part when checking the quality, features, and functioning of the goods.
End of Revocation Notice
7.1 In accordance with § 312g para. 2 no. 3 BGB, the right of revocation does not apply, unless the parties have agreed otherwise, to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This includes hygiene articles that are sealed upon delivery and whose seal has been removed after delivery.
7.2 The buyer is liable for a loss of value if this loss of value is due to a handling that is not necessary for checking the condition, properties, and functionality of the goods.
Direct exchange of the ordered product is not possible. If the client wishes another size or another color for the ordered item, he can use his cancellation right, send back the item and then order it anew. Here, the cancellation right rules apply, paragraph 7 of our general terms of sale.
9. RETENTION OF TITLE
The goods remain the property of Preach until full payment of the purchase price.
The warranty is governed by the statutory provisions.
If the products on offer in the online shop are illustrated by images, these may show other items in addition to the product on offer (e.g., accessories and decorative elements). These items are not part of the product or the order. In addition, images may also show product samples and not the actual concrete product itself; in this case, the image will be identified accordingly. Only the product description will be governing with regard to the products on offer.
11.1 PREACH shall be liable without limitation for any and all foreseeable damage and damage arising from acting with intent or with gross negligence.
11.2 In the event of simple negligence, PREACH shall be liable without limitation for damage arising from injury to life, body, or health. In the event of simple negligence, as regards material obligations, the liability shall be limited to foreseeable damage typical for the contract. Material contractual obligations are such obligations, the fulfillment of which allows the proper performance of the contract in the first place and the breach of which endangers the achievement of the purpose of the contract and on the compliance with which the Customer may regularly rely on. Otherwise, PREACH shall not be liable for property damage and financial loss if caused by PREACH, a legal representative or vicarious agent in simple negligence.
11.3 To the extent to which the liability of PREACH is excluded or limited under the present Article 10, such shall also apply to the personal liability of employees, representatives, and vicarious agents.
11.4 Liability under the German Product Liability Act shall remain unaffected by the provisions hereinabove.
12. APPLICABLE LAW
The laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, shall apply to any and all disputes arising in connection with the initiation, performance or administration of the contractual relationship between the Customer and PREACH.
Reduction vouchers cannot be purchased but are delivered by PREACH within special advertising campaigns. Reduction vouchers are not normally redeemable afterward, cannot be combined with other reduction vouchers, and do not apply on reduced products (reduction vouchers are particularly excluded for reduced articles, which are subject to separate rules, which are communicated in association with the particular reduction voucher). Furthermore, any cash compensation is excluded.
14. SETTLEMENT OF DISPUTES
The European Commission offers the following platform for online settlement of disputes: http://ec.europa.eu/consumers/odr/.
SAMPLE CANCELLATION FORM
(If you wish to cancel the contract, please fill out and return this form.)
AC Brands GmbH
Alte Papierfabrik 28
40699 Erkrath, Germany
Tel +49 (0) 211 168281-160
Fax +49 (0) 211 168281-222
· I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the performance of the following service (*)
· Ordered on (*)/received on (*)
· Customer's name
· Customer's address
· Customer's signature (only when sending a paper notification)
(*) delete as appropriate.