§ 1 Applicability and provider
These General Terms and Conditions apply to all orders that you place in the online shop of twoplus Ifran & Horvath GbR, Mainzer Str. 24, 10247 Berlin, represented by Fernando Ifran and Leticia Rita Horvath.
§ 2 Conclusion of contract
(1) The offers in our online shop are always non-binding. Legally, this is a non-binding request to order goods in the online shop.
(2) By clicking the button [“Order now for payment” / “buy”] you make a binding purchase offer (§ 145 BGB).
(3) After receipt of your order you will receive a confirmation of receipt. This confirmation of receipt does not yet constitute acceptance of your purchase offer.
(4) A sales contract for the goods is only concluded when an order confirmation is sent or when we send you the ordered goods.
§ 3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping Information” / “Terms of Delivery”].
§ 4 Terms of Payment; Default
(1) Payment may be made by credit card or Paypal.
(2) The selection of the respective available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only prepayment to cover our credit risk.
(3) If you select payment by credit card, the purchase price reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place at the time when we send the goods to you.
(4) When paying with PayPal you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(5) If you are in default with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher loss is proven in an individual case.
§ 5 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) In exceptional cases, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part but have not received correct or timely deliveries. The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you immediately of this circumstance. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods. This also applies to the ordering of goods which are only described according to their type and characteristics. We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
§ 6 Instructions on withdrawal
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw this contract within fourteen days without giving reasons.
The time limit for withdrawal is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.
In order to exercise your right of withdrawal, you must give us
twoplus GmbH & Co. KG
Mainzer Str. 24
represented by Fernando Ifran and Leticia Rita Horvath
Tel.: +49 157 5656 9212
by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.
End of the withdrawal policy
(1) The right of withdrawal does not exist at the time of delivery
- – of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),
- – of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
- – of goods, if after delivery these were inseparably mixed with other goods due to their nature,
- – of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- – of newspapers, magazines or periodicals with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
Please note that this modalities are not a requirement for the effective exercise of the right of withdrawal.
§ 7 Damage in transit
(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law of sale (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods – notwithstanding the statutory provisions – is one year. This limitation shall not apply to claims based on loss of life, physical injury or damage to health or the breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the warranty period is one year from delivery of the goods.
§ 9 Liability
(1) We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
(2) In other respects, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely. The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 10 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without having to go to court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/erreichbar. We endeavour to settle any disagreements arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 11 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you normally reside shall remain unaffected by the choice of law.
(3) If you are a businessman, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.