Terms of service

General conditions of sale

Scope

These terms and conditions apply to all purchases made by private customers at Al-Moussa und Augsten GbR Impressum,   .

Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.

Prices and shipping costs

The awarded prices are final prices incl. Value added tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details at this link  . We shall bear the regular costs of the return shipment, which arise in the event of a return of the goods by you in the exercise of your right of withdrawal  . If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.

Payment

Payment is made upon delivery by

- Apple Pay

- Google Pay

- Credit card

- Payment in advance

- Payment on pick-up

- Giropay

- Paydirekt

- PayPal

- Klarna

Late payment

If you are in default of payment, Al-Moussa und Augsten GbR is entitled to charge interest on arrears at a rate of 5 percentage points p.a. above the base interest rate announced by the Deutsche Bundesbank at the time of the order. If Al-Moussa und Augsten GbR has demonstrably incurred a higher damage caused by default, Al-Moussa und Augsten GbR is entitled to assert this.

Right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery will be made to the delivery address specified by the customer within

- Germany

- Poland

- Czech Republic

- Switzerland

- France

- Luxemburg

- Belgium

- Netherlands

- Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, an obligation to perform on the part of Al-Moussa und Augsten GbR is excluded. Amounts already paid will be reimbursed immediately by Al-Moussa und Augsten GbR.

(3) Al-Moussa und Augsten GbR may also refuse performance if this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract. Amounts already paid will be reimbursed immediately by Al-Moussa und Augsten GbR.

(4) Bulky goods (packages with a volume of more than 1 square meter) are usually delivered by a forwarding agent. Al-Moussa und Augsten GbR expressly points out that these goods are not carried into the house.

Low-cost shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the function test.

(2) To return the goods, please use the fully stamped and addressed return label enclosed with the delivery. This is the simplest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.

Retention of title

Until all claims against the customer arising from the purchase contract have been settled in full, the delivered goods remain the property of Al-Moussa und Augsten GbR. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.

 

Mängelrechte

(1) A product that is already defective at the time of delivery (warranty claim) will be replaced by Al-Moussa und Augsten GbR at the customer's discretion at the expense of Al-Moussa und Augsten GbR with a defect-free one or have it professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:

  1. a) in the event of damage caused by misuse or improper use by the customer,
  2. b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Al-Moussa und Augsten GbR does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in the service - whereby in particular the Value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance . The right of Al-Moussa und Augsten GbR to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the event of repair and in the event of replacement, the customer is obliged to send the product at the expense of Al-Moussa und Augsten GbR to the return address specified by it, stating the order number. Before submitting the product, the customer must remove any items he has inserted from the product. Al-Moussa und Augsten GbR is not obliged to inspect the product for the installation of such items. Al-Moussa und Augsten GbR is not liable for the loss of such items, unless it was readily recognizable to Al-Moussa und Augsten GbR when the product was taken back that such an item had been inserted into the product (in this case, Al-Moussa und Augsten GbR informs the customer and keeps the item ready for the customer to pick up; the customer bears the costs incurred). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired product or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.

(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods drawn from him reimburse uses. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of returning the goods that did not occur due to the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,

  1. a) if the defect that entitles you to withdraw only became apparent during the processing or transformation,
  2. b) if Al-Moussa und Augsten GbR is responsible for the deterioration or loss or if the damage would also have occurred at Al-Moussa und Augsten GbR,
  3. c) if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.

(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.

(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.

(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.

(9) The statutory warranty of Al-Moussa und Augsten GbR ends two years from delivery of the goods. The deadline starts once goods are received.

Liability

(1) In the event of slight negligence, Al-Moussa und Augsten GbR shall only be liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Al-Moussa und Augsten GbR is not liable for other damage caused by slight negligence due to a defect in the object of purchase.

(2) Irrespective of any fault on the part of Al-Moussa und Augsten GbR, the liability of Al-Moussa und Augsten GbR in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a guarantee of the manufacturer and does not constitute the assumption of a guarantee by Al-Moussa und Augsten GbR.

(3) Al-Moussa und Augsten GbR is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Al-Moussa und Augsten GbR for damages caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Al-Moussa und Augsten GbR is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Jurisdiction

If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is in Berlin.

Protection of minors

If goods are purchased that are subject to the protection of minors, age verification will be carried out through appropriate measures to verify the identity and age of the buyer. The goods will only be handed over if the customer has been able to prove that he is of legal age.

Dispute Resolution

General information requirements for alternative dispute resolution according to Art. 14 Abs. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/  . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.