www.allikestore.com is an offer from
Allike Friedrich Bluhm e.K.
22767 Hamburg, Germany / Europe
Phone (+049) (0) 40 67 38 17 80
Fax (+049) (0) 40 67 38 18 03
email: [email protected]
VAT No .: DE 814201667
Registration: HR A 124366, Amtsgericht Hamburg
Sales tax identification number according to § 27a sales tax law: DE 814201667
Responsible for content according to § 55 Rundfunkstaatsvertrag: Allike Friedrich Bluhm e.K., Virchowstrasse 2, 22767 Hamburg
Disclaimer: Despite careful content control, we assume no liability for the content of external links. The content of the linked pages are the sole responsibility of their operators.
TERMS OF SERVICE
These terms and conditions apply to all contracts between
Allike Friedrich Bluhm e.K.
Registration: HR A 124366, Amtsgericht Hamburg
(hereinafter "Supplier" or "We") and our customers (hereinafter "Customer" or "You") closed closed by remote means of communication (ie, over the Internet or by telephone) in our online shop. For contracts that we close in our offline shop (shop), the conditions included there apply.
§ 1 SCOPE, DEFINITIONS
(1) For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions and contract offers of the customer are hereby contradicted.
(2) The customer is a consumer insofar as the purpose of the delivery and service can not be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
§ 2 CONCLUSION OF CONTRACT
(1) The customer can select products from our assortment and collect them via the button ("button") "Add To Cart" in a so-called shopping cart. Via the button "Place Order" the customer makes a binding application for the purchase of the goods in the shopping cart.
(2) Before sending the order, the customer can change the data entered by him at any time, see and correct input errors. However, the request of the customer can only be submitted and transmitted if the customer has accepted these general terms and conditions as part of the ordering process and thereby included in his request.
(3) The provider then sends the customer an automatic confirmation („Order Confirmation“) of receipt by e-mail, in which the customer's order is listed again and the customer can print out via the function "Print". The automatic acknowledgment of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the application.
The contract is only concluded by the submission of the declaration of acceptance by us, which will be sent by separate e-mail. The provision of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If several of the aforementioned acceptance variants are present, the contract is concluded at the event that occurred first. In any case, the customer will receive a confirmation of the contract in text form in accordance with the statutory provisions.
If the customer has not received a declaration of acceptance, invoice or notification of delivery or goods within 5 days, he is no longer bound by his order. If necessary, we will reimburse the customer immediately in this case.
(4) The object of the delivery or service is the goods and/or services offered by us and ordered by the customer. Unless explicitly stated otherwise in the respective offer, designs and prices refer to the items offered in each case, but not to any accessories or decorations depicted.
(5) If we are unable to deliver the ordered goods without our own fault and despite all reasonable efforts, because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction with the respective supplier (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be reimbursed immediately.
(6) The contract language is German.
(7) The order processing and contact in the context of the contract are usually carried out by e-mail. The customer must therefore ensure that the e-mail address specified by him for the order processing is correct and that no settings or filtering devices of the customer prevent the receipt of the contract-related e-mails.
§ 3 OWNERSHIP
The delivered goods remain our property until fulfillment of all claims arising from the contract; in the event that the customer is a legal entity under public law, special fund under public law or an entrepreneur in the course of his commercial or independent professional activity, also beyond the current business relationship to the settlement of all claims to which we are entitled.
§ 4 PRICES AND SHIPPING COSTS
(1) Our prices include the applicable VAT and exclude shipping costs.
(2) The corresponding shipping costs are named to the customer before conclusion of the contract and are to be borne by the customer, as long as no delivery free of charge has been agreed upon.
(3) Allike F. Bluhm is not responsible for any applicable taxes and customs duties when shipping to other EU countries. Allike F. Bluhm has no control over these. The customer assumes the settlement of these taxes and customs duties, which is levied by the competent customs authority and not by Allike F. Bluhm. When shipping by UPS, a customs clearance is made by the shipping service provider. UPS will contact the customer in this regard.
§ 5 PAYMENT
(1) The customer can make the payment according to the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days.
(3) The customer has to ensure adequate coverage. In the case of returned direct debits caused by underfunding, the customer is obligated to reimburse us for the resulting damage.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
(5) The customer shall only be entitled to offset if his counterclaims have been recognized by us or have been legally established. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(6) Purchase on account
When purchasing by invoice, the invoice amount is due on the calendar day specified in the invoice (20 or 30 calendar days after the invoice date) for payment to our external partner Billpay GmbH. The payment method Purchase on account does not exist for all offers and requires, among other things, a successful credit check by Billpay GmbH. If the customer is allowed to purchase on account for certain offers after checking the creditworthiness, the payment will be processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only afford Billpay GmbH with debt-discharging effect. We will also be responsible for general customer inquiries (such as merchandise, delivery time, shipping), returns, complaints, revocation declarations and shipments or credits when purchasing via Billpay. The General Terms and Conditions of Billpay GmbH apply.
(7) purchase by direct debit, direct debit authorization; Processing fee for return debit
(a) When purchasing by direct debit, the payment amount is immediately due for payment by collection from our external partner Billpay GmbH from the current account specified in the order process at the credit institution indicated there (the checking account). Hereby authorize the Billpay GmbH revocably, to collect by you by the purchase by direct debit payments to the current account by direct debit. If the checking account does not have the required cover, the account-holding bank has no obligation to redeem. Partial redemptions are not made by direct debit.
(b) The payment by direct debit does not apply to all offers and requires, among other things, a successful credit check by Billpay GmbH and a giro account kept in Germany. If the customer is allowed to purchase by direct debit for certain offers after checking the creditworthiness, payment will be processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only afford Billpay GmbH with debt-discharging effect. When purchasing by direct debit via Billpay, we will also be responsible for general customer inquiries (such as goods, delivery time, shipping), returns, complaints, revocation declarations and consignments or credits. The general terms and conditions by Billpay GmbH apply.
(c) By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and will provide the required coverage. Return debit notes are associated with high costs and costs for us and Billpay GmbH. In the case of a return debit note (due to the lack of required coverage of the current account, expiry of the current account or unauthorized opposition of the Account Holder), you authorize Billpay to submit the direct debit one more time for the payment due. In such a case you are obliged to pay the costs arising from the return debit. Further claims are reserved. You will be given the opportunity to prove that the return debit has resulted in lower or no costs. In view of the expense and the costs for return debit notes and to avoid the processing fee, we ask you in the case of a withdrawal or a withdrawal from the purchase contract, a return or a complaint, the direct debit not to contradict. In such a case, after consultation with us, the repayment of the payment by remittance of the corresponding amount or by credit.
§ 6 RISK OF OWNERSHIP
(1) For consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall only pass to the customer upon delivery of the purchased item to the customer.
(2) Only if the customer acts as an entrepreneur, the following applies: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest with the handover. However, in the case of consignment purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the consignment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (eg storage and transport costs).
§ 7 LIABILITY FOR DEFECTS, WARRANTY
(1) Claims for defects regarding used goods delivered by us become statute-barred one year after delivery to the customer. For entrepreneurs, the limitation period for claims for defects for goods delivered by us is 1 year. Incidentally, we are liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability in accordance with § 8 of these Terms and Conditions, in particular for claims for damages of the customer from injury to life, body, health or breach of essential contractual obligations (see § 8 below), for damages under the Product Liability Act and for any guarantees assumed , remains unaffected by the limitations of paragraph 1 above. The statutory periods of limitation for the right of recourse according to § 478 BGB for entrepreneurs and our liability for fraudulent concealment of a defect also remain unaffected.
(3) Warranty claims by merchants presuppose that they have fulfilled their statutory inspection and complaint obligations (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part is only valid for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties remain unaffected.
(5) Any complaints and warranty claims can be made under the address indicated in the provider identification.
§ 8 LIABILITY
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents, Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract as well as those on the compliance of which the customer as contractor can regularly rely. In the case of breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer from a r injury to life, body or health.
(2) The limitations of the preceding paragraph 1 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them as well as mutatis mutandis for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.
§ 9 RIGHT OF WITHDRAWAL
Consumers are entitled to a statutory right of withdrawal. A cancellation policy you receive in accordance with the statutory provisions separately in writing.
§ 10 CONTRACT TEXT
The contract text is not stored by us and can not be retrieved after completion of the order process. The customer can print these terms and conditions and the order data before sending his order and receives a contract confirmation in accordance with the statutory provisions.
§ 11 FINAL PROVISIONS
(1) For the contract is the law of the Federal Republic of Germany excluding the UN sales law. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the seat of the provider.
(3) Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions.
© The contents of our website are largely protected by copyright or other ancillary copyright. The copying, downloading, distribution and distribution as well as the storage of this content, with the exception of the caching (caching for the purpose of displaying in the internet browser) during the visit of our internet pages, is not permitted without the consent of the respective copyright holders. An exception applies to content that is expressly intended for download. In this case, the right of use is limited to use for personal purposes. Any further duplication, publication, distribution, public access or other utilization requires the consent of the respective owner.
As of: 26.12.2018
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Allike Friedrich Bluhm e.K.
Fax: 040 67 38 18 03
Tel: 040 67 38 17 80
Email: [email protected]
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
We pick up the goods. We bear the direct costs of the return of the goods, as far as you are resident in Germany. Extra-German customers bear the direct costs of the return.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to distance contracts
- which we conclude with entrepreneurs in the sense of § 14 BGB.
- for the delivery of goods that are not prefabricated and for their manufacture an individual choice or destination by the consumption
is relevant or clearly tailored to the personal needs of the consumer,
Model withdrawal form
(If you want to cancel the contract, please fill in this form and send it back.)
Allike Friedrich Bluhm e.K.
Fax: 040 67 38 18 03
Email: [email protected]
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 the consumer (s) (only when notified on paper)
-------------------------------------------------- -------------------------------------------------- ---------
(*) Delete as appropriate.
The best way to return the items is in the original packaging or a cardboard box, without this being a prerequisite for the exercise of your right of withdrawal. However, Allike Friedrich Bluhm e.K. can claim a value replacement for any damage the item or its packaging (i.e. shoe box) might suffer.
The right of revocation does not exist for contracts that we conclude with entrepreneurs within the meaning of § 14 BGB and also not for distance contracts for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or due to their nature not for a Return are suitable.
ALL RATES INCLUDED INCLUDED 19% VAT + SHIPPING.
Allike Mailorder allikestore.com (print- or typographical errors excepted)