General business condition (AGB)
the shogazi GmbH
Hohenzollernstrasse 93, 80796 München.
Date: November 03, 2011
Tel +49 (0) 89/189 109 58, Fax +49 (0) 89/189 109 59, email@example.com
For all contracts of the shogazi® GmbH with consumers (§ 13 BGB), made through our online store, these Terms and Conditions (GTC). A consumer is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
(1) The following Terms & Conditions apply to all contracts, deliveries and other services in their valid at the time the order is placed. The contract concluded with the customer contracts are exclusively based on these General Terms and Conditions (GTC), the contents of which the customer has taken note of and with the validity of which the customer explicitly agrees.
(2) Differing rules of the contractor are not explicitly recognized, unless shogazi has expressly agreed in writing.
(3) shogazi expressly reserves the right to amend these General Terms and Conditions or supplement. Detailed orders will be processed according to applicable to the order terms and conditions.
§3 conclusion of the contract
(1) The sale of goods is carried out only in small amounts. Larger orders require special requests to shogazi. The representation of the range of goods on the websites of shogazi merely an invitatio ad referendum and not constitute an offer within the meaning of. §§145 ff. BGB.
(2) The sales contract between the customer and shogazi comes as follows into existence: The customer through his order by email, fax or otherwise, an offer as defined by § 145 BGB against shogazi to purchase the goods or the goods from , The receipt of the order is immediately reported to the customer via email. However, this does not yet represent the acceptance of the offer by the customer on completion of the purchase contract. Shogazi expressly reserves the right to offer this to the customer within two weeks by a confirmation via e-mail or by delivering the goods to the respective at the time the order by the customer to accept existing conditions. If the acceptance of the offer within two weeks, the customer is no longer bound by its offer.
(3) will this inform the customer if necessary separately and possibly submit a counter offer to possible errors in the information on the range on the website of shogazi. Minor deviations and technical changes to the images or descriptions are possible.
(4) The ordering of goods can only be successful if the customer has given its consent to these Terms and has taken note of the revocation notice.
(1) The order will be shipped as soon as possible. The dispatch of the under the contract to be shipped goods and other products is only within Germany as well as Switzerland and Austria. We reserve the right to make a partial delivery if this is advantageous for a speedy settlement. Unless otherwise agreed, the delivery from the warehouse of shogazi to the delivery address given by the customer.
(2) Delivery is to each individual case reported shipping. The customer wants special delivery will be charged local supplement.
(3) In high traffic products, for example, New products, there may be a shortage of supply on the part of manufacturers. These products are then shipped always according to the order of incoming orders. Should your desired product be affected, we will notify you as soon as possible thereof by phone, contact by mail or fax in advance and obtain your consent to a possible delay in delivery
§5 maturity, payment and delay
The shogazi accepted only indicated to the customer as part of the ordering process. All prices include VAT of 19%. For calculations outside the internet, the payment period is 14 days, unless other payment arrangements have been agreed in writing. If the customer is in default of payment, the shogazi® is entitled to interest at the rate of 5% pa to demand above the base rate of the European Central Bank. The right to claim higher damages the shogazi expressly reserves the right, in so far as the shogazi such is demonstrably incurred.
§6 direct debits
If the customer has chosen to pay by direct debit, the following applies:
(1) The customer hereby authorizes the shogazi collect all amounts due under the contract of sale by direct debit from his account mentioned when ordering. The amounts due are debited from the account after the order specified by the client by direct debit, unless the shogazi has accepted the offer of the customer on completion of the purchase contract.
(2) The customer shall at all times to ensure sufficient funds in his account and ensure that the amounts due may be recovered by the shogazi.
(3) As far as direct debits have to be reversed because the customer's account from which the amounts due are to be deducted, no or there are insufficient funds or because the customer revokes the direct debit without a legal basis, then the customer the shogazi resulting chargeback fees obliged and to submit a handling fee of € 10.00. The customer is permitted that the damage of shogazi is not created or not created in the amount of evidence.
(4) will be charged unjustified according to the customer an amount equal to the customer the shogazi] shall notify immediately. After Miteilung the Monierung by the customer of shogazi will examine the justification of Monierung depth and reimburse possibly wrongly debited amounts immediately to the customer.
A cancellation of the direct debit may result in the exposure with the shogazi incurred chargeback fees, and with the processing fee of € 10.00 if the cancellation was not justified.
§ 7 Revocation
Consumers have a 14-day withdrawal.
You can without giving reasons in writing (eg letter, fax, email) or cancel your contract within 14 days - if the goods before the deadline - by returning the goods revoked. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
shogazi® Schlafkultur GmbH
Fax: 089/273 720 91
Consequences of Withdrawal
In the case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If you can not or in part, or return them only in deteriorated condition give us the performance received and benefits (eg benefits), you have to pay us compensation. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" means the testing and trying out the goods as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered and corresponds to the price of the products does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise, the return is free of charge. Not parcel things are picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with sending your cancellation explanation or the thing, for us with their receipt.
The right does not apply to distance contracts
the supply of goods that are produced according to customer specifications or
are clearly tailored to personal needs or
which are not suitable due to their condition for a return
End of revocation
(7.2) of Costs when exercising the right of withdrawal.
You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40,00 euros, or if you are not at a higher price the thing at the time of the revocation yet the have rendered consideration or a contractually agreed partial payment.
(7.3) Please avoid damage and contamination. Send the product as possible in original packaging with all accessories and with all packaging components to us. Use a protective outer packaging. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transport to avoid damage claims because of damage due to faulty packaging.
(7.4) Please call before returning on tel: 089/272 739 96bei us to announce the return. In this way, you allow us the fastest possible assignment of the products.
(7.5) Return the goods if a prepaid package ourselves and keep the receipt on. We will reimburse you also like to request in advance the cost of postage, unless they are to be paid by you.
(7.6) Please note that in the points 7.3. to 7.5. arrangements referred to are not a prerequisite for the effective exercise of the right of withdrawal.
(1) The statutory warranty regulations.
(2) shogazi can the customer's chosen type of remedy without prejudice to § 275 para. 2 and 3 BGB refuse if it is possible only with disproportionate costs. The value of the thing in state free of lack, the meaning of the lack and the question in particular to consider whether it may be used without significant disadvantages for the customer on the other type of remedy. The customer's claim is limited in this case to the other type of remedy; the seller's right to refuse these legal under the appropriate conditions remains unaffected. The guarantee of the offerer depends on the rest after the other statutory provisions.
§ 9 Claims for compensation
(9.1.) Claims for damages of the customer are excluded, as long as nothing else is determined. The above disclaimer applies to the legal representatives and agents of shogazi, if the customer claims against these claims.
(9.2) are exempt from the specific point 1 Disclaimer:
Claims for damages due to injury to life, limb or health;
Claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the Treaty is necessary.
Claims for damages based on an intentional or grossly negligent breach of duty by shogazi, his legal representatives or agents.
(9.3) provisions of the Product Liability Act (Liability Act) remain unaffected.
§10 Retention of title
The delivered goods until full payment of property shogazi.
shogazi will all the requirements to protect the data submitted under the contract and its execution, the customer, in particular the provisions of the Teleservices Data Protection Act note.
§12 contractual language, applicable law
The time available for the contract language is German.
§13 Jurisdiction Agreement
Are contractors are merchants, legal entities of public law or public special fund, as the place of jurisdiction for all disputes in connection with this contract the seat of shogazi, agreed.
shogazi GmbH, Hohenzollernstraße 93, 80796 München.
Tel +49 (0) 89/189 109 58, Fax +49 (0) 89/189 109 59, firstname.lastname@example.org