Terms and conditions of sale
§ 1 SCOPE OF APPLICATION, DEFINITIONS
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") of ADADA GmbH (hereinafter referred to as "Seller") apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of the supply of goods the consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller in respect of the goods the goods presented by the Seller in its online store. The Customer's own general terms and conditions are enclosed, unless otherwise agreed.
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which cannot be principally attributed either to his commercial activity or to his self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his commercial or independent professional activity.
(3) The customer ensures that he/she is at least 18 years of age or has parental consent for his/her order.
§ 2 CONCLUSION OF CONTRACT
(1) The product descriptions contained in the seller's online store do not represent a binding offer on the part of the seller, but serve to submit a binding offer on the part of the customer.
(2) The customer may submit the offer via the online order form integrated into the seller's online store. The customer may submit the offer via the online order form integrated into the seller's online store. In this way, the customer, having placed the selected goods in the virtual shopping cart and completed the electronic ordering procedure, by clicking on the button that concludes the ordering procedure, the customer makes a legally binding contractual offer in relation to the goods contained in the shopping cart the goods contained in the shopping cart.
(3) The seller may accept the customer's offer within five days, by sending the customer a written order confirmation or a confirmation in text form (fax or e-mail), in which case receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer has placed the order. If more than one of the above alternatives exists, the contract is concluded
The contract is concluded when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and the customer's offer and ends with the expiry of the fifth day following the day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
(4) If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under PayPal's general terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer the customer does not have a PayPal account - in accordance with the terms of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller declares that it accepts the customer's offer at the moment that the customer clicks on the button that concludes the ordering process.
(5) When submitting an offer via the seller's online order form, the text of the contractwill be retained by the seller after the contract has been concluded and by the customer after he has sent his order in text form (e.g. e-mail, fax or letter) transmitted. The seller does not have access to the text of the contract the seller does not take place.
(6) Before the binding submission of the order via the online order form of the possible input errors by carefully reading the information displayed on the screen information displayed on the screen. An effective technical means of checking for input errors is the browser's enlargement function, which can be used to enlarge the screen display. Son customers can correct their entries during the electronic ordering process by using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.
(7) The contract is concluded in German and English.
(8) Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties appointed by the seller to process the order can be delivered.
§ 3 RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM
The consumer has a right of revocation in accordance with the following provisions, according to which a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed either to his or her commercial activity or to his or her independent professional activity:
(1) Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods. To exercise your right of revocation, you must inform us (ADADA GmbH, Motzstraße 16A, 10777 Berlin, Germany, Tel: 017623679354, E-Mail: info@adada.fr) by means of a clear statement (e.g. letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not compulsory. To comply with the withdrawal period, it is sufficient for you to send notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must reimburse all payments received by us from you, including delivery charges (with the exception of additional charges resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this refund. We may refuse a refund until we have received the goods or you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You are responsible for the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check the condition, properties and functioning of the goods.
If you wish to revoke the contract, please complete this form and return it.
To the following address
ADADA GmbH
Motzstrasse 16A
10777 Berlin
Germany
E-mail: info@adada.fr
§ 4 PRICES AND TERMS OF PAYMENT
(1) Unless otherwise indicated in the seller's product description, the prices quoted are total prices which include the statutory value-added tax. Any additional shipping and delivery charges will be indicated in the. Shipping costs are listed separately in the respective product description.
(2) In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which the costs which are not borne by the seller and which are borne by the customer are borne by the customer. These include, for example, the costs of transferring funds by credit institutions (e.g. transfer fees, exchange fees) or import duties or taxes (e.g. customs duties). These charges may also be incurred in connection with charges may also be incurred in connection with the transfer of funds even if delivery is not made in a European Union country, but the customer makes payment from a country outside the European Union from a country outside the European Union.
(3) The payment option(s) will be communicated to the customer in the seller's online store Seller's online store.
(4) If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (in the following areas "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online bank account activated for participation in "SOFORT" legitimize himself during the payment process and send the payment order to "SOFORT" confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the payee. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
(5) If a payment method offered via the "Shopify Payments" payment service is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The different payment methods offered via Shopify Payments. The payment methods offered via Shopify Payments will be communicated to the customer in the seller's online store. Stripe may use other payment services for payment processing, for which a special payment. Special payment conditions apply, of which the customer can be informed separately pointed out to the customer. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
(6) If the credit card payment method via Stripe is selected, the invoice amount is due immediately after conclusion of the contract. Payment is processed via Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to refuse this method of payment in the event of a negative credit check.
§ 5 TERMS OF DELIVERY AND SHIPPING
(1) Goods are delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller is decisive.
(2) If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to delivery costs if the customer has exercised his right of revocation. In the event of the customer effectively exercising his right of revocation, the provisions of the relevant regulations shall apply to the costs of return.
(3) Self-collection is not possible for logistical reasons.
(4) Specified shipment does not apply from an order quantity that requires delivery by a forwarding agent. If delivery by a forwarding agent is required, the supplier will inform the customer of this after receipt of the order and indicate the amount of the freight charges. Only when the customer has given his agreement will the supplier send confirmation of the order.
§ 6 RESERVATION OF TITLE
(1) If the seller is in advance, he retains until the purchase price due has been paid in full.
§ 7 LIABILITY FOR DEFECTS (WARRANTY)
(1) If the goods purchased are defective, the provisions of the statutory liability for defects shall apply.
(2) Notwithstanding the above, the following provisions apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from the date of purchase. Defects that occur within one year of delivery of the goods may be claimed within the limitation period.
However, the one-year liability period does not apply to
- to goods which have been used in accordance with their normal use for a building and which have caused the defect,
- for claims for damages and reimbursement of customer expenses, and
- where the seller has fraudulently concealed the defect.
(3) If the customer acts as a consumer, he is requested to notify the delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure to do so will not affect the customer's legal or contractual rights in the event of a defect.
§ 8 SPECIAL CONDITIONS FOR PROCESSING GOODS TO CUSTOMER SPECIFICATIONS
(1) If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process them in accordance with certain customer specifications, the latter shall provide the seller with all content necessary for processing, such as text, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose.
The customer is solely responsible for acquiring and purchasing the rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content supplied to the seller. In particular, he must ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
(2) The customer shall indemnify the seller against any claims by third parties arising from the contractual use of the customer's content by the seller against the seller. The customer shall also bear the reasonable costs of any necessary legal defense, including all legal defense, including all court costs and attorney's fees in the legal amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of claims and defense.
(3) The seller reserves the right to refuse to process orders if the content supplied by the customer infringes legal or official prohibitions or violates public morality. This applies in particular to the transfer of unconstitutional, racist, xenophobic, discriminatory, offensive or insulting content, endangering young people and/or glorifying violence.
§ 9 REDEMPTION OF VOUCHERS
(1) Vouchers which are issued free of charge by the seller as part of promotions with a and which cannot be purchased by the customer (vouchers) may not be purchased by the customer (hereinafter referred to as "promotion vouchers"), may only be in the seller's online store and only within the specified period.
(2) Vouchers may only be redeemed by consumers.
(3) Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
(4) Promotional vouchers can only be redeemed before the end of the order process. Subsequent redemption is not possible.
(5) Only one promotional voucher may be redeemed per order.
(6) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
(7) If the value of the promotional voucher is insufficient to cover the order, the following may be used the difference may be paid by one of the other payment methods offered by the seller payment methods offered by the seller.
(8) The credit on a promotional voucher is not paid in cash and does not earn interest.
(9) The promotional voucher will not be reimbursed if the customer has paid for all or part of the goods paid for in whole or in part with the promotional voucher within the scope of his right of revocation.
(10) The promotional voucher is intended solely for use by the person named therein. The promotion voucher may not be transferred to third parties. The seller has the right, but not the obligation, to verify the material right of the respective voucher holder.
(11) Discount offers and codes cannot be combined.
(12) Outlet: Web exclusive. Up to 30% discount on older ADADA collections. Offer valid from May 23 to July 31, 2023 inclusive. This offer cannot be combined with other discounts or other current offers. During the Outlet, delivery is free on all purchases.
§ 10 APPLICABLE LAW
All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international purchase of movable goods. In the case of consumers, this choice of law applies only 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.
§ 11 PLACE OF JURISDICTION
If the customer acts as a merchant, a legal entity under public law or a special fund under special assets under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business, if the contract or the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, the court of the customer's place of business shall be the seller's place of jurisdiction.
§ 12 ALTERNATIVE DISPUTE RESOLUTION
(1) The European Commission provides a platform for online dispute resolution on the Internet at the following address online dispute resolution: https: //ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
(2) The seller is neither obliged nor required to participate in the resolution of a dispute. The Consumer Arbitration Board is neither obliged nor willing to do so.