Terms of service
GENERAL TERMS AND CONDITIONS OF BUSINESS
Your contractual partner:
Asphaltgold GmbH
Heidelberger Straße 129 ½
64285 Darmstadt
Tel: 06151 - 62 92 10
Fax: 06151 - 62 92 121
E-Mail: [email protected]
UST-IdNr.: DE354679377
1. SCOPE OF APPLICATION
1.1 The business transaction and delivery take place exclusively to the following general trading conditions (AGB).
1.2 Any provisions of the customer that conflict with or deviate from the following General Terms and Conditions shall not apply.
1.3 If working days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays.
2. INSPECTION OF THE TEXT OF THE CONTRACT AND THE GENERAL TERMS AND CONDITIONS OF BUSINESS
2.1 We save the text of the contract and send you the order data by e-mail. Orders can be viewed in your customer account, if you have created one. If you have not created a customer account, the contract data is no longer accessible on the Internet for security reasons.
2.2 You can view, print and save these terms and conditions at any time at https://asphaltgold.de/de/terms-and-conditions/. Saving and printing is done via the functionality of your internet browser (e.g. File > Save as or e.g. File > Save as).
3. CONCLUSION OF CONTRACT / DELIVERY RESERVATION
3.1 The presentation of the products in the webshop ASPHALTGOLD.de is not a legally binding offer, but a non-binding online catalog. By clicking the button "Buy now!" at the end of the order process you place a binding order of the goods in the shopping cart. After this order placement ASPHALTGOLD sends an e-mail confirmation about the receipt of the order. This e-mail is only a confirmation of receipt and not an acceptance of the order. A contract between ASPHALTGOLD and you will only be formed when ASPHALTGOLD confirms to you by e-mail that the ordered goods have been dispatched. Only the goods listed in the e-mail sent at the time of dispatch are part of the contract.
3.2 Our online database is constantly updated to ensure the availability of the products offered in the store. ASPHALTGOLD is entitled to withdraw from the sales contract, if ASPHALTGOLD itself was not supplied correctly and in time despite a proper congruent covering transaction, if ASPHALTGOLD is not responsible for the lack of availability and if ASPHALTGOLD did not assume any procurement risk. We commit ourselves to inform you immediately about the unavailability and in this case to refund you your possible pre-payment immediately.
4. PAYMENT / PRICES
4.1 The available payment methods are shown on the separate page "Payment and Shipping". Payment by sending cash or checks is unfortunately not possible.
4.2 If you have to make a chargeback or any other reversal of payment without justification, you will have to bear the costs incurred.
4.3 All prices contained in the online store www.asphaltgold.de are Euro amounts and include the statutory value added tax. Postage and packaging costs are added according to our price list. You can see this on the page "payment and shipping". Any customs duties incurred for deliveries to countries outside the EU must be borne by you in such cases.
5. PURCHASE VIA KLARNA
In cooperation withKlarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. In each case, payment is made to Klarna:
5.1. Invoice: The payment period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice terms for the countries where this payment method is available can be found here:Germany,Netherlands,Austria.
5.2 Direct Debit: Available in Germany, the Netherlands, Sweden and Austria. The debit will be made after the goods have been shipped. The time will be communicated to you by e-mail.
The use of the payment methods invoice and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be foundhere. General information about Klarna can be foundhere. Your personal data will be treated by Klarna in accordance with the applicabledata protection regulations and as specified in Klarna's privacy policy.
Invoice: Your personal data, in particular contact and shopping cart data, will be transmitted by Klarna to BillPay GmbH ("BillPay"). BillPay transmits your personal data to credit agencies for identity and credit checks.
6. SHIPPING
The shipping costs are always displayed up to date on the separate page "Shipping costs". If a shipment is made in several deliveries, we will of course charge you the shipping costs only once.
7. VOUCHERS
7.1Service content: Value vouchers are issued with a certain amount of money. Value vouchers entitle you to purchase goods from our company. When purchasing the goods, the amount of money stated in the value coupon will be charged. If the amount of the voucher is lower than the price of the goods, you will have to pay the difference. If it is above this price, your claims from the value voucher continue to exist for the difference. It is not possible to exchange value vouchers for money (a cash payment).
7.2. Transfer/ redemption of the value voucher: Vouchers are transferable. As a beneficiary of the voucher is always considered to us the one who can legitimize himself in the context of the redemption of the value voucher by the code noted on the voucher. The redemption of the Voucher is done by entering the code on the Voucher on our website (www.asphaltgold.com). The redemption of the value voucher is only possible with us, not with third party companies.
7.3 Limitation: Claims from value vouchers for the purchase of goods expire within three years after the end of the calendar year in which you received the value voucher (electronically or in paper form). A transfer to a third party does not lead to an extension or a new start of this limitation period.
8. DAMAGE IN TRANSIT
ASPHALTGOLD takes over the transport risk. In case that ordered goods arrive damaged during transport, please contact us. You can do this either via e-mail: [email protected] or alternatively via telephone: 06151 - 62 92 10, as well as via fax: 06151 - 62 92 121, but also on site at Ludwigsplatz 8a in 64283 Darmstadt during our opening hours.
9. FOREIGN DELIVERIES / CUSTOMS DUTIES
Customs duties do not apply to shipments within the European Union (EU). Exceptions to this are those areas that do not belong to the customs territory of the EU; therefore, please inform yourself about the applicable customs regulations in your area before making your purchase. Outside the EU, there are generally fees for importing goods from the EU.
Fees may be charged by the respective country of destination according to the customs requirements applicable there on goods sold from the EU to a country outside the EU or to a country with special regulations within the EU.
Customs fees are to be borne by the customer and the customer must carry out the relevant administrative matters himself, e.g. collection of the ordered goods from customs and completion of the formalities.
More detailed information on the individual customs regulations and on the respective amount of customs fees must be obtained by the customer in advance from the relevant customs office.
10. WARRANTY / NOTICE OF DEFECTS
10.1 There are the statutory warranty rights for goods.
10.2 Please inform ASPHALTGOLD about obvious defects of the goods immediately, at the latest within 2 weeks after delivery of the goods via the above mentioned contact ways.
10.3 ASPHALTGOLD strives for customer satisfaction and will check your request as soon as possible and contact you as soon as possible. If you have contacted ASPHALTGOLD via email and have not received a response after 5 business days, please let us know your concern again. In rare cases, an email may have been "stuck" in the spam filter (by us or by you) or an email may not have reached ASPHALTGOLD by some other means. Your rights as a consumer in case of a defect are not limited by this.
11. RIGHT OF REVOCATION
Consumers have a right of withdrawal in the EU according to the applicable regulations, which you can find separately under withdrawal policy.
If the contract should be revoked, so that you send the goods back to ASPHALTGOLD, then please make sure that you send back shoes in the same packaging in which you received them. Box in box - i.e. shoe box packed in cardboard box. However, this request is not a mandatory condition for the effective exercise of the right of withdrawal.
12. RESERVATION OF OWNERSHIP
12.1 In the case of consumers, we retain ownership of the purchased item until full payment of the invoice amount.
12.2 If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we shall retain title to the purchased item until all outstanding claims arising from the business relationship with you have been settled. The corresponding security rights are transferable to third parties.
We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of the securities of the purchaser exceeds the claim to be secured by more than 20%. The selection of the securities to be released shall be incumbent upon us.
13. LIABILITY
13.1 We shall be liable without limitation for damages resulting from injury to life, limb or health, guarantees for the quality of the object of purchase, fraudulent concealment of defects and claims under the Product Liability Act.
13.2 Notwithstanding Section 11.1, our liability for slightly negligent breaches of duty shall be excluded unless material contractual obligations (the fulfillment of which is essential to the proper performance of the contract and/or the breach of which jeopardizes the achievement of the purpose of the contract and the fulfillment of which the customer may regularly rely on (so-called cardinal obligations)) are affected. This shall also apply to corresponding breaches of duty by our vicarious agents.
13.3 Our liability for slightly negligent breaches of cardinal obligations shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.
14. RIGHTS OF USE
14.1 The page of the online store www.asphaltgold.de, as well as the sub-pages and logos listed therein enjoy copyright protection. The pictures contained in it are in all probability protected according to § 2 Abs. 5 UrhG (Copyright Act) as photographic works, respectively works which are produced similar to photographic works, but at least according to § 72 UrhG as photographic works, respectively products which are produced similar to photographic works. ASPHALTGOLD holds the exclusive rights of use.
14.2 Publications, duplications, distributions which are based on the protected intangible property are only allowed with written permission of ASPHALTGOLD.
15. FINAL PROVISIONS
15.1 For all legal transactions or other legal relations with ASPHALTGOLD the law of the Federal Republic of Germany is valid. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements, also after their adoption into German law, are not applicable.
15.2 In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled person (consumer contracts), the choice of law pursuant to section 14.1 shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
15.3 If the Buyer is an entrepreneur, Darmstadt shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
15.4 The contractual language shall be German.
15.5 You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
15.6 If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
16. INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts.
The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr
17. SEVERABILITY CLAUSE
Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part, or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.