Terms of Service
Contractual conditions in the context of purchase contracts via the platform
AUF AUGENHOEHE Sema Gedik, Niemetzstraße 7, 12055 Berlin, represented by Sema Gedik,
Tax Number: 16/302/00880
- hereinafter referred to as "vendor" -
the customer specified in § 2 of the contract
- hereinafter referred to as "customer" -
§ 1 Scope, Definitions
(1) For the business relationship between the vendor and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Divergent general terms and conditions of the customer are not recognized, unless the vendor agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. Further, 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 the assortment of the vendor, in particular clothing for little people, but also accessories or merchandise and collect them via the button "add to cart" in a so-called shopping cart. With the button "order with payment" he makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "Accept terms and conditions" and thereby including them in his application
(2) The vendor then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and the customer can print out the function "Print". The automatic acknowledgment of receipt merely documents that the customer's order has been received by the vendor and does not mean acceptance of the request. The contract is only concluded by the submission of the declaration of acceptance by the vendor, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by the vendor on a durable medium (e-mail or paper printout) (contract confirmation ). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in German or English
§ 3 Delivery, Availability of goods
(1) Delivery times specified by the vendor are calculated from the time of our order confirmation, provided that the purchase price is paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is 4 weeks.
(2) If the product selected by the customer in the order is temporarily not available for longer than the regular delivery time according to paragraph 1, the vendor shall inform the customer immediately in the order confirmation. If the product is permanently not available, the vendor refrains from a declaration of acceptance. A contract is not concluded in this case.
(3)There are no regional delivery restrictions, unless delivery is not made possible by force majeure events.
§ 4 Retention of title
Until full payment, the goods to be delivered remain the property of the vendor.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the vendor, are inclusive of the valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal.
(3) The goods are shipped by postal shipping. The shipping risk is borne by the vendor if the customer is a consumer.
(4) In case of a cancellation, the customer has to bear the direct costs of the return.
(5) Worldwide free shipping by the minimum value order of 200 €. Returning costs will be still have to be paid by the customer.
Germany: 3,50€ | 4,90€
Rest of the world: 10,90€
§ 6 Terms of payment
(1) The customer can make the payment by credit card or by advanced payment.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payments made outside of Euros will be calculated using conversion (www.xe.com) on the day of the transaction. You agree that AUF AUGENHOEHE is not responsible for any credit shortages due to current conversion rates.
§ 7 Material defect warranty, guarantee
(1) The vendor is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists with the goods delivered by the supplier only if this was expressly mentioned in the order confirmation to the respective article.
§ 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 vendor, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the vendor shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the vendor, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the vendor has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the vendor and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation Policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the vendor subsequently informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (5) contains a sample withdrawal form.
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform the vendor by means of a clear statement of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to safeguard the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal to firstname.lastname@example.org before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we will repay all the payments we have received from you, including delivery charges (except for the additional costs arising from the fact that you have a different type of delivery than that offered by us, favorable standard delivery), immediately and no later than within 14 days from the day on which the notice of your withdrawal of this contract has been received by us.
For this repayment, we will use the same means of payment as used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for these repayment fees. The vendor may refuse to repay until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have to send back the goods immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract, to HTW Berlin Postannahme, Sema Gedik, Wilhelminenhofstr. 75a, 12459 Berlin to be returned or handed over. The deadline is met if you send the goods before the deadline of 14 days.
You bear the immediate costs of returning the goods. 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.
(2) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This is especially true for custom made garments of any kind.
(3) Several types of goods are exempt from being returned. We also do not accept products that are intimate or sanitary goods (e.g. Tights or Leggings)
(4) To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
(5) About the sample revocation form the vendor informs according to the legal regulation as follows:
Sample Withdrawal Form (If you wish to cancel the contract, please complete and return this form.): - To [here is the name, address and, if applicable, e-mail address of the entrepreneur to be inserted]: - I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) - Appointed on (*) / received on (*) - name of the consumer (s) - address of the consumer (s) - signature of the consumer (s) (only if communicated on paper) - date (*) Delete where inapplicable
§ 10 Final Provisions
(1) Contracts between the vendor and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his permanent residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the vendor is the domicile of the vendor
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions come into effect. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.