TERMS AND CONDITIONS OF SALE
I. Standard Business Terms
§ 1 Basic Provisions
(1) The following business terms are applicable to all contracts you conclude with us as a supplier (GbR Vaghani & Limbachiya) via the https://namastedeutschland.de website. Unless otherwise agreed upon, the inclusion of your own conditions, if necessary, is ruled out.
(2) A ‘consumer’ for the purposes of the following regulations is every natural person who concludes a legal transaction predominantly for personal, family, or household purposes that cannot be attributed to their 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 their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of products.
(2) When we place the product on our website, we provide you with a binding offer to conclude a contract under the conditions specified in the item description.
(3) The purchase agreement is concluded through the online shopping cart system as follows: The products intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the appropriate buttons on the navigation bar and make changes at any time. After accessing the "Checkout" page and entering the required personal data along with payment and shipping conditions, all order data is then displayed again on the order summary page. If you are using an instant payment system (e.g., PayPal/PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to our online shop's order summary page or forwarded to the provider's web page. Once forwarded to the instant payment system, select and enter your details as required. Subsequently, you will be directed back to the order summary page in our online shop. Before sending the order, you have the opportunity to review all the information again, change it (also via the internet browser's "back" function), or cancel the purchase. By submitting the order via the "purchase" button, you declare your acceptance of the order in a legally binding manner, by which the purchase agreement is concluded.
(4) Your queries for the preparation of an offer are not binding for you. We will provide you with a binding offer in text form (e.g., via email), which you can accept within a period of 5 days.
(5) The completion of the order and transmission of all information necessary in connection with the conclusion of the contract is partially automated via email. You must, therefore, ensure that the email address you have provided us with is accurate, that the receipt of emails is technically ensured, and particularly that it is not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Proprietary Rights
(1) You can only exercise a right of retention to the extent that it pertains to claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the product for completeness, visible defects, and transport damage upon delivery, and to notify us and the shipping company of any complaints as quickly as possible. Failure to comply with this request will not affect your statutory warranty claims.
§ 5 Choice of Law, Place of Fulfilment, Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not remove any mandatory legal protections provided by the law of the country in which the consumer has their habitual residence (principle of favourability).
(2) If you are not a consumer but a businessman, a legal entity under public law, or a special fund under public law, our place of business is the place of jurisdiction and the place of fulfilment for all services arising from the business relationships with us. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if the domicile or habitual residence is not known at the time the action is filed. The authority to appeal to a court in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly excluded.
II. Customer Information
1. Seller Identification
Vaghani & Limbachiya GbR
Porschestr 90
38440 Wolfsburg
Telephone: +49 1590 6198880
Email: info@namastedeutschland.de
Alternative Dispute Resolution: The European Commission offers a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.
2. Formation of Contract
The procedure for forming the contract, including the conclusion of the contract and the options for correction, comply with the stipulations set out in our Standard Business Terms (part I.).
3. Contract Language and Contract Text Storage
3.1 The contract shall be concluded in English.
3.2 We do not store the full text of the contract internally. Prior to submitting the order through the online shopping cart system, the contract data can be printed or electronically secured through the print function of the browser. Once we have received the order, the order data, the information required by law on distance contracts and the Standard Business Terms will be sent to you by email.
3.3 For quotation requests outside the online shopping cart system, all contractual information will be sent to you in text form, e.g., via email, which you can print or save electronically in a secure manner.
4. Essential Characteristics of Goods or Services
The principal characteristics of the goods and/or services are listed in the respective offer.
5. Pricing and Payment Methods
5.1 The prices listed in the offers are total prices and include all price components, including all applicable taxes.
5.2 Shipping costs are not included in the purchase price and are indicated separately during the order process. They must be paid by you unless free shipping has been confirmed.
5.3 Any costs incurred from money transfers in cases where a delivery is made to an EU member state but the payment was initiated outside of the European Union will be borne by you.
5.4 The payment options available will be displayed on our website or in the specific offer.
5.5 Payment for the concluded contract is due immediately, unless other terms are specified for the chosen payment method.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Protection of minors
No alcohol may be sold or served to children and young people under the age of 16. Beer and wine may only be sold or served to people over the age of 16. Spirits, aperitifs and alcopops may only be sold or served to people over the age of 18.
last updated on - 01.03.2024
