Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier (Apres Allstars GbR) via the website www.apres-allstars.com. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) Subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns 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 item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3)The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of Seller
Apres Allstars GbR
Tobias Deckert & Michael Gasteiger
Buchecker Weg 41
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the conclusion 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 the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
5.4. Any costs incurred for transferring money (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 contractor or another person responsible for carrying out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:https://www.haendlerbund.de/en/services/legal certainty/terms and conditions service.
last update: 27.10.2020