General terms and conditions
1. Field of application
The following general terms and conditions solely apply to all present and future business relations between Alassil Bazar (vendor) and end consumers or buyers (customers). Any differing conditions only apply after having been confirmed in written form by Alassil Bazar.
2. Conclusion of contract:
The purchase order, made by the customer, acts as a binding offer. A contract only materialises after Alassil Bazar accepts this offer. Acceptance of the offer can be declared by Alassil Bazar either in writing or by means of delivery of the ordered goods. If the customer gives off the purchasing order electronically, Alassil Bazar will confirm the reception of the order immediately. This confirmation does not act as a binding acceptance of the offer, yet.
Alassil Bazar commits to handling and using any information provided by the customer, required for the processing of the order, solely for business requirements and in accordance with the German Data Protection Act (Bundesdatenschutzgesetz).
Goods by Alassil Bazar, offered on the internet are not legally binding. They act as non-binding offers.
All product prices are in € (euro) and include the lawful value added tax (VAT). Prices are not fixed. Applicable is the price at the time of reception of the purchase order. Errors excepted. In cases of price-bound articles, the mandatory price always applies. Shipping costs are charged separately as can be seen in “Delivery and shipping conditions”.
The descriptions of the goods merely provide an informative basis. Alassil Bazar reserves the right to discrepancies, especially with regard to handmade goods.
4. Reservation of property rights
When engaging in contracts with consumers or traders, Alassil Bazar reserves the ownership of the goods until the full price is paid or all accounts receivable from prior business relations are covered, respectively.
In case of behaviour contrary to contract by the customer, especially in case of delayed payment or when credit-damaging facts, such as distraints or deduction of insurance, emerge, Alassil Bazar is entitled to resign from the contract and reclaim the goods.
5. Right of withdrawal and –return
The customer has the right to revoke his purchase order and the thereby submitted binding offer to purchase within a two week period after reception of the goods. This does not apply to audio- and video recordings once they have been unsealed by the customer nor to goods that were produced according to customers’ specification.
If the customer wishes to make use of the right of withdrawal, the customer is obliged to return the received goods within two weeks, as long as this can be done by package. At an order value of up to € 40, the customer has to finance the return. To meet the deadline, timely mailing is sufficient.
The purchasing price plus shipping charges are payable through the following methods of payment: paypal, advance payment before shipping via bank transfer, debit note or by credit card withdrawal. Any arising costs for denial of withdrawal due to insufficient bank account coverage or faulty bank account details are on the customers’ account. Withdrawal shall usually take place on the day of shipping.
In case of damage, discrepancies in size or non satisfaction of received goods, the customer has the right to claim replacement or return the goods within two weeks, on presentation of the invoice and the original packaging. This does not apply to special offers.
Instead of the right to price reduction or conversion, the customer is entitled to rectification of defects by Alassil Bazar twice or article replacement. If, for any reason, this should not be fulfilled within the appropriate time-limit of 20 days, the customer has the right to resign from the contract. This defects liability expires if the customer attempts to or does carry out reparations himself or lets unauthorised people do so.
The delivered goods may differ slightly from their description. Minor discrepancies from the description of the goods merely authorize to the right of return, not however, to claims for supplementary performance.
Traders are obliged to report any defects to Alassil Bazar in written form within two weeks, starting on the day of reception of the goods. After this deadline, a claim for defect guarantees is impossible. In order to meet the deadline, the reception of the goods at Alassil Bazar is necessary. The burden of proof, establishing that his claim is justified, rests entirely with the trader, particularly in regard to the defect itself, the time of identification of the defect and the timeliness of the letter of complaint.
Consumers are obliged to report any defects to Alassil Bazar in written form within two months of discovery of the defect. The reception of the letter of complaint at Alassil Bazar is decisive for meeting the deadline. If these requirements are not met, the right to claim defect liability expires. The burden of proof, confirming the time of detection of the defect, rests with the consumer.
For traders, the warranty period is one year, starting on the day of delivery. For consumers, the right of complaint expires two years after delivery of the goods. This is irrelevant if the consumer did not point out the defect to Alassil Bazar appropriately and in sufficient time.
If the customer is trader, the appearance and workmanship of the goods is generally defined by the article description, provided by the supplier. Public statements, promotion and advertisement by the supplier do not resemble an appearance of the goods according to contract.
Warranties in the legal sense are not issued to the customer by Alassil Bazar. Manufacturer warranties are not affected by this.
8. Limitations of liability
Alassil Bazar does not take any responsibility for deviations in appearance of the products, regarding colour, size and workmanship, due to the production by hand of certain goods.
Furthermore, Alassil Bazar assumes no liability for delayed or omitted deliveries.
The use of all products as well as the visiting and use of the websites take place at the customers’ own risk. No liability is assumed by Alassil Bazar for incorrect use of the websites nor for the reliability, accuracy and actuality of the contents, information and service provided on the websites.
In the event of slightly negligent breaches of duty, the liability assumed by Alassil Bazar shall be limited to the direct losses, foreseeable and typical for this kind of contract, depending on the type of good. The same applies in cases of slightly negligent breaches of duty by legal representatives or assistants of Alassil Bazar.
The preceding limitations of liability do not affect customers’ claims on product liabilities. Moreover, these limitations of liability do not apply to claims on compensation for damages to life, body or health that were caused by deliberate or grossly negligent behaviour and can be imputed to Alassil Bazar.
9. Data privacy
All information and data, provided by a purchase order, will be used by Alassil Bazar solely for the purpose of conducting the contract.
All customer data will be saved and handled strictly according to the pertinent specifications of the German Data Protection Act (Bundesdatenschutzgesetz) and the Teleservice Data Protection Act (Teledienstdatenschutzgesetzes ). No personal data will be passed on to a third party. Exceptions to this are Alassil Bazar’s service partners, who require certain information for the accomplishment of the contract, such as the mail-order firm, delivering the goods, and the bank, conducting the payment.
10. Legal venue, partial ineffectiveness
The legal venue is Eckernförde, Germany. The law of the Federal Republic of Germany applies.
In case of ineffectiveness of individual regulations in the delivery- and shipping conditions or these general terms and conditions, the remaining regulations continue to be effective.