General terms
General terms and conditions and customer information from David Balazi
I. General terms and conditions
General Terms and Conditions (GTC) of David Balazi, (later “Company”)
1. Scope
1.1 The following general terms and conditions apply to all contracts between the company and the customer in the version valid at the time of the order.
1.2 The company’s offer is aimed at both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The following provisions on the conclusion of a contract apply to all orders placed on our website www.dawidush.com.
2.2 In the event that a contract is concluded, the contract is concluded with
David Balazi
Bohuminska 526
199 00 Letnany – Prague
Czech Republic
Email: shop@dawidush.com
2.3 The presentation of the goods on our website, 9. Liability
9.1 The company has unlimited liability for intent and gross negligence.
9.2 The company is only liable for simple negligence – except in the case of injury to life, limb or health – if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the foreseeable damage typical for the contract.
9.3 Liability for indirect and unforeseeable damage, loss of production and use, lost profit, lack of savings and financial loss due to claims by third parties is excluded in the case of simple negligence – except in the case of injury to life, limb or health.
9.4 Any further liability than in this contract – regardless of the legal nature of the asserted claim – is excluded. The above limitations or exclusions of liability do not apply to a legally mandated strict liability (e.g. in accordance with the Product Liability Act) or liability from a no-fault guarantee.
9.5 As far as the liability according to paragraphs 2 and 3 is excluded or limited, this also applies to the personal liability of the employees, workers, representatives, organs and vicarious agents of the company.
10. Choice of law / place of jurisdiction
10.1 German law applies to the exclusion of the UN sales law. This choice of law only applies to consumers insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is agreed to be the company’s registered office. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or habitual abode outside of Germany after the conclusion of the contract or whose domicile or habitual abode is not known at the time the action is brought.
II. Customer information
1. Identity of the seller
David Balazi
Bohuminska 526
199 00 Letnany – Prague
Czech Republic
Email: shop@dawidush.com
2. Reference to EU dispute settlement and alternative dispute settlement
The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr
We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
3. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions.
4. Contract language, contract text storage
4.1 The language of the contract is German.
4.2 When ordering via our internet shop, we save the text of the contract and send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at www.dawidush.com. You can view your past orders in our customer area under My Account -> My Orders.
5. Essential characteristics of the product or service
The essential properties of the goods or services offered result from the item description that is displayed when one of the products is called up in our shop.
6. Prices and payment methods
Information on prices and payment methods can be found in Section 4 of our General Terms and Conditions.
7. Terms of delivery
7.1 Delivery takes place in accordance with Section 5 of our General Terms and Conditions.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
7.3 If you are an entrepreneur, delivery and dispatch are at your own risk.
8. Statutory warranty rights for goods
8.1. There is a statutory right to liability for defects for all goods offered. The liability for defects in our goods is based on Section 8 of our General Terms and Conditions.
8.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims., does not represent a legally binding contract offer by the company, but is a non-binding invitation to order by the customer. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
2.4. The offer is accepted in writing or in text form or by sending the ordered goods within one week. If the acceptance is not made within the deadline, the offer is deemed to be rejected.
2.5 The customer submits a binding contract offer when he successfully completes the order process in our online shop. The order takes place in the following steps:
1) Selection of the desired article and the order quantity by the customer
2) Put the goods in the shopping cart by clicking the button “Order” or “Add to shopping cart”
3) Checking the information on the items in the shopping cart
4) Click on the “Checkout” button
5) Registration in the online shop with an existing customer account or after registering a new customer account
6) Another possibility of checking or correcting the data entered in each case.
7) Binding dispatch of the order by clicking the button “order for a fee” or “buy”
Before the customer sends his order bindingly after checking his details, he can return to the previous page on which the customer’s details were entered by pressing the “Back” button in the Internet browser he is using. The customer can correct input errors here or cancel the order process by closing the Internet browser.
We immediately confirm receipt of the order by an automatically generated email (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the offer, but functions through the orderly functioning of the order process. The offer is accepted in writing, in text form or by sending the ordered goods within one week.
3. Range of goods and essential properties
The essential properties of the goods or services offered result from the item description that is displayed when one of the products is called up in our shop.
4. Prices, shipping costs, payment, due date
4.1 The prices quoted are final prices and include statutory sales tax and other price components, with the exception of shipping costs.
4.2 If shipping costs are incurred, these are not included in the purchase price. Additional delivery and shipping costs are specified separately in the respective product description or are shown separately in the course of the order process and are to be borne by the customer in addition, unless free delivery has been promised.
4.3 Various payment options are available to the customer, which are specified during the ordering process. A cash payment and collection of the goods is possible, provided that this is expressly stated in the item description.
4.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
5. Delivery
The items offered by Firma are manufactured to customer orders and are generally not in stock. If the customer places an order and we accept it, Firma begins production on the same working day after accepting the order. The delivery takes place here at the latest within 14 working days (in the case of prepayment by bank transfer: 21 working days from the instruction of the payment by the customer). The deadline for delivery begins on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day. If the non-compliance with a delivery or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which the seller is not responsible, the deadline will be extended appropriately.
6. Retention of title
Ownership of the goods remains with the seller until the purchase price has been paid in full.
7. Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
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 that is not necessary to check the nature, properties and functionality of the goods.
Note on the right of withdrawal:
Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts for the delivery of goods that 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 consumer’s personal needs.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– On
David Balazi
Bohuminska 526
199 00 Letnany – Prague
Czech Republic
Email: shop@dawidush.com
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / 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 if this is communicated on paper)
– Date
___________
(*) Delete where inapplicable.
9. Liability
9.1 The company has unlimited liability for intent and gross negligence.
9.2 The company is only liable for simple negligence – except in the case of injury to life, limb or health – if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the foreseeable damage typical for the contract.
9.3 Liability for indirect and unforeseeable damage, loss of production and use, lost profit, lack of savings and financial loss due to claims by third parties is excluded in the case of simple negligence – except in the case of injury to life, limb or health.
9.4 Any further liability than in this contract – regardless of the legal nature of the asserted claim – is excluded. The above limitations or exclusions of liability do not apply to a legally mandated strict liability (e.g. in accordance with the Product Liability Act) or liability from a no-fault guarantee.
9.5 As far as the liability according to paragraphs 2 and 3 is excluded or limited, this also applies to the personal liability of the employees, workers, representatives, organs and vicarious agents of the company.
10. Choice of law / place of jurisdiction
10.1 German law applies to the exclusion of the UN sales law. This choice of law only applies to consumers insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is agreed to be the company’s registered office. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or habitual abode outside of Germany after the conclusion of the contract or whose domicile or habitual abode is not known at the time the action is brought.
II. Customer information
1. Identity of the seller
David Balazi
Katharina-Geisler str. 17th
85356 Freising
Email: shop@dawidush.com
2. Reference to EU dispute settlement and alternative dispute settlement
The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr
We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
3. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions.
4. Contract language, contract text storage
4.1 The language of the contract is German.
4.2 When ordering via our internet shop, we save the text of the contract and send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at www.dawidush.com. You can view your past orders in our customer area under My Account -> My Orders.
5. Essential characteristics of the product or service
The essential properties of the goods or services offered result from the item description that is displayed when one of the products is called up in our shop.
6. Prices and payment methods
Information on prices and payment methods can be found in Section 4 of our General Terms and Conditions.
7. Terms of delivery
7.1 Delivery takes place in accordance with Section 5 of our General Terms and Conditions.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
7.3 If you are an entrepreneur, delivery and dispatch are at your own risk.
8. Statutory warranty rights for goods
8.1. There is a statutory right to liability for defects for all goods offered. The liability for defects in our goods is based on Section 8 of our General Terms and Conditions.
8.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
