I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (Karen Gevorgyan) via the Amazon Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If we set up an item vis-a-vis Amazon, the activation of the supply-side domain at Amazon encompasses the non-binding offer associated with the conclusion of a purchase contract under the conditions specified on the page associated with the item in question (product description).
(3) You can use the shopping cart system or the 1-click ordering function to place a binding offer of purchase (order).
In case of the shopping cart system, the products that are to be purchased are placed in the "shopping cart".
After the "Proceed to checkout counter" button is actuated and all the requested data is subsequently entered and the payment method and shipping address is selected, all the order data is finally displayed once again in the order overview. Before the order is sent, you can re-check all the data, change it or cancel the purchase transaction using the "Back function" of the browser. By clicking the "Buy now" button, you make a binding offer to us.
When using the 1-click ordering function, you have the option to place the order directly from the product detail page or product offer list.
Before placing the order, you can change the delivery address and - if possible - the number of selected items or cancel the purchase transaction using the "Back function" of the browser.
By clicking the "Buy now with 1-click®" or "Buy with 1-click®" button, you make a binding offer of purchase to us (order).
(4) You receive an automatic confirmation from Amazon via email after sending your order that we have received the offer. The order confirmation still does not lead to a conclusion of the contract.
(5) The acceptance of the offer (and with it, the conclusion of the contract) takes place with an email from Amazon, in which we confirm the shipping of the products to you . If you do not receive any shipping confirmation within 2 days, you are no longer bound by your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 5 Choice of law
Revocation right for consumers
(A ‘consumer' is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
In order to exercise your revocation right, you must inform us (Karen Gevorgyan, Zehntenstr.8, 37120 Bovenden, Telephone number: 0160-97022786, Fax number: 0551-29340076, E-Mail address: Info@tortendekoanna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery. _________________________________________________________________________________
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Karen Gevorgyan, Zehntenstr.8, 37120 Bovenden, Fax number: 0551-29340076, Email address: Info@tortendekoanna.de :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
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 in case of a notification on paper)
- Date
(*) Cross out the incorrect option.