GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual Partner, Conclusion of Contract, Correction Options.
The purchase contract is concluded with Agava Trading.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract Language, Contract Text Retention.
The language(s) available for the conclusion of the contract: German.
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of Delivery
Shipping costs are adde to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
5. Box Conditions
We have 3 classifications for our boxes, from perfect condition to cosmetic damaged exteriors of the box on which you can save even more money.
A grade - The box is perfect. There are no writings on it, no dented corners, it's a new box, like it was manufactured.
B grade - Has 1 or 2 cosmetic imperfections on the box like some writings on it, a dented corner, a shipping label. Also it can be a sunburned or a dusty box.
C grade - Has more than 3 cosmetic imperfections: more mailing labels, lots of writing, torn skin but the product inside is new and intact. It may be a dirty one (we can accept C grades to help you to free your stock).
The following payment methods are generally available in our shop:
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
In the ordering process you enter your credit card details. Your card will be charged immediately after placing the order.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
7. Right of Withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
8. Warranty and Guarantees
8.1 Right to Liability for Defects
The statutory liability for defects applies.
8.2 Warranties and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents') ?>
- - in the case of injury to life, body or health
- - in case of intentional or negligent breach of duty
- - in the case of a promise of guarantee, if agreed, or
- - as far as the area of application of the Product Liability Act is open.
In the event of a breach of material contractual obligations, the fulfillment of which is a requirement for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or auxiliary agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged or willing to participate in a dispute settlement procedure before a consumer arbitration board.
General terms and conditions created with the Trusted Shops legal copywriter in cooperation with FÖHLISCH Rechtsanwälte.
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Agava Trading GmbH, Gernotstr. 16, 44319 Dortmund, Germany, email@example.com, phone: /+49/ 23113974944) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall refund to you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall pay the direct costs of returning the goods. For goods that cannot be returned normally by mail due to their nature, these amount to EUR 75. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
- - To Agava Trading GmbH, Gernotstr. 16, 44319 Dortmund, Germany, firstname.lastname@example.org
- - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- - Ordered on (*)/received on (*)
- - Name of the consumer(s)
- - Address of the consumer(s)
- - Signature of consumer(s) (only in case of paper communication)
- - Date(s)
(*) Delete where not applicable.
Cancellation policy created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.