TERMS AND CONDITIONS
§1 Scope & Consumer Information
We (Ashara GmbH) will execute your order according to our valid GTC at the time of order. The terms and conditions of Ashara GmbH (us) in their current version are available on our website www.ashara-lifestyle.com under the heading "GTC". For the entire business relationship only our terms and conditions apply.
The German language is negotiation and contract language. For all foreign business, the following conditions apply as well.
Your contract and order data and the contract text are stored by us, a direct access is not possible for security reasons. But you have the possibility to register on our homepage "My Account" with your username and your password, and so your profile, your address, your order history and your wishlist to retrieve and edit if necessary. Your personal access data are intended only for you and may not be disclosed to the access of third parties.
Through our website, you have before you click on "buy now" in the context of the ordering process, the ability to recognize input errors before submitting the contract and correct by clicking on the highlighted button "Change information".
§ 2 Registration
The registration is only allowed to unlimited legal, natural persons and partnerships as well as legal persons. Minors are not allowed to register. The registration of a legal entity may only be carried out by a natural person who is authorized to represent and who must be named.
When completing the registration application, truthful, accurate, up-to-date and complete information must be provided on the data requested in the registration forms. In the case of incomplete registration of member accounts or in the case of untrue or incorrect information, we reserve the right to refuse the registration of a Member, to cancel immediately or to delete the membership account after a reasonable time.
§ 3 contract
Our offers are non-committal and non-binding. The presentation on our websites does not constitute a legally binding offer. Via our homepage (Internet) or by email. When ordering via our homepage you give by clicking the button "Add to cart" a binding offer to conclude a purchase contract for the desired goods. Also with your order by email you give by sending the email or with the delivery of the oral order a binding offer.
We are entitled to accept your offer within 14 calendar days by sending a confirmation of the contract (by post or e-mail) as well as by executing the order. If your offer is not accepted by us within 14 calendar days, the offer is considered rejected. For products that are not listed in the order confirmation, no purchase agreement is concluded.
§ 4 delivery
We deliver goods in Germany within 1-5 working days after your order by UPS to you. When paying in advance, the delivery times apply from receipt of money on our account. Different delivery times are named in the article description.
When shipping outside the Federal Republic of Germany and within the EU, the delivery of available goods regularly takes 5-14 business days. For shipments outside the EU and outside Europe, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient.
If you order a product that was not available according to item description, and we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse any compensation already paid. Also in this case, there is also the right to withdraw from the contract.
We are entitled to make partial deliveries or services, as far as conflicting interests are not unreasonably affected. Should there be a partial delivery, we take over of course the additional shipping costs. There are no additional costs for you.
The delivery time is extended appropriately if the delivery is affected by force majeure. Force majeure in particular equal, subsequent material procurement difficulties, riot, strike, lockout, disruption, fire, natural disasters, transport obstruction, change in legal provisions, official measures or ordinances or the occurrence of other unforeseen events that are beyond our control and from an objective point of view not have been culpably brought about by us. If any of the above cases occur, we will notify you immediately. If the impediment to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims in particular for damages do not exist in this case. This does not apply if, in cases of intent or gross negligence, in the case of assurances or if in case of breach of essential contractual obligations due to simple negligence or if contract-typical foreseeable damages are legally binding.
§ 5 Right of Withdrawal
Consumers have a legal right of withdrawal. Below we inform you about the scope and structure of this right of withdrawal.
Note: Please note that we have created the following cancellation policy according to the model text of the legislature.
(1) You have the right to withdraw from this contract within 14 days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party designated by you who is not the carrier has or has taken possession of the goods, in the case of a contract for the supply of a good in several parts or pieces, on the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last piece.
(2) To exercise your right of withdrawal, you have us
Ashara GMBH , 54 Borner Strasse, 41379 Brüggen , Germany
Phone: + 49 (0) 2163 4909 -10
by means of a clear statement (eg a letter sent by post, e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Sample withdrawal form
- To Ashara GmbH, 54 Borner Strasse, 41379 Brüggen, Germany , Phone:
+49 (0) 2163 4909-10
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 on paper) - Date_______________
(*) Delete as appropriate.
(4) consequences of the revocation
If you withdraw from this Agreement, we will have all payments we have received from you, including delivery charges (excluding any additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) has to be repaid immediately and at the latest within fourteen days from the date on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We can refuse the repayment until we have the goods back or until you have provided proof
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for any loss of 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.
End of revocation
§ 6 Return costs upon exercise of the right of withdrawal
You have to bear the costs of the return when exercising your right of withdrawal
§ 7 prices
All prices quoted are in euros and are inclusive of VAT. Postage and shipping costs are added according to the following list under § 8.
§ 8 shipping costs (domestic and abroad)
Here you will find all information about the return costs and postage and shipping costs for deliveries
a) within the Federal Republic of Germany: For the delivery we charge a Standard shipping fee of EUR 6.80 and EUR 10.30 for express service
b) in the other EU countries:
Zone 1) – 10.30, - EUR for standard shipping, 24.90, - EUR for express: Belgium, Bulgaria, Denmark (except Faroe Islands and Greenland), Finland (except Aegean Islands), France (except overseas territories and departments), Greece (except Mount Athos), United Kingdom (except Channel Islands), Ireland , Italy (except Livigno and Campione d'Italia), Croatia, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands (except non-European areas), Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain (except Canary Islands , Ceuta and Melilla), Czech Republic, Hungary.
c) Countries outside the EU:
Zone 2) – 15.50, - Euro for standard shipping, 30.30 - EUR express: Andorra, Iceland, Norway, Switzerland, Turkey.
For all other countries 45.50 EUR Maximum price for shipping
d) For deliveries of goods outside the European Union, import duties (duties) may be incurred. We will not be responsible for any customs costs incurred.
§ 9 Terms of payment
The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment on the invoice is determined according to the calendar, then you are already in default by missing the appointment. In the event of default, we are entitled to demand interest in the amount of 5 percentage points above the respective base interest rate for the year. In legal transactions in which a consumer is not involved, we reserve the interest on payment claims in the event of default at an interest rate of eight percentage points above the base rate. We reserve the right to prove and assert a higher damage caused by default, § 288 Abs. 3, 4 BGB.
We accept payments in advance and PayPal Plus. With PayPal PLUS we offer you three payment methods: PayPal, direct debit (SEPA-compliant) and credit card.
a) Payment in advance: When paying in advance you have to transfer the invoice amount after order within 7 days on our account. When paying by cash in advance, the delivery times apply from receipt of money on our account. If the amount is not received within 7 days on our account, we can withdraw from the contract.
b) Payment via PayPal Plus:
Paypal: You pay the invoice amount through the online provider Paypal. You must register with PayPal or be registered there, then legitimize yourself with your access data and confirm the payment order to us (except guest access). Further information you will receive during the ordering process. After the amount has been received on our account, the goods will be shipped.
Credit card via Paypal Plus: You do not need a Paypal account for this payment method and pay as usual with your credit card. Paypal only provides the framework for the payment process.
Direct debit (SEPA-compliant): You do not need a Paypal account for this payment method and pay as usual by direct debit. The money will be withdrawn from your account. Paypal sets the framework for the payment process.
All payments are to be made without deduction to Ashara GmbH. A payment is deemed to be made only when we can freely dispose of the amount.
Offsetting is excluded, unless the set-off claim is undisputed or legally established or recognized in writing by us. You can only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply in the case of a counter-claim arising out of a claim for non-cash benefits that justifies a refusal to perform or rights due to a defect.
General discount regulation:
1.) Discount codes can not be considered afterwards.
2.) Discount codes are not applicable to discounted items.
§ 10 Warranty & Liability
The warranty is governed by the statutory provisions. In case of complaints, we ask for proof of the purchase date by invoice and sending the complaint, together with a copy of the bill to Ashara GmbH, 54 Borner Strasse, 41379 Brüggen, Germany. Normal wear and tear of the goods do not justify any warranty claim.
The right to supplementary performance as well as the right to withdraw from the contract or to reduce the purchase price are up to you to the extent provided by law, whereby we can choose in the event of subsequent performance between free removal of defects or replacement (after fulfillment). If the subsequent performance fails, you have the right, according to the law, to reduce your choice or to withdraw from the contract. We are entitled to a total of two repair attempts. If a kind of supplementary performance is only possible with disproportionate costs, your claim is limited to the other type of supplementary performance.
We assume no liability for damages and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorized service partner.
Compared with entrepreneurs, the warranty period for material defects is reduced to 1 year, unless a case of mandatory liability exists, as provided in particular by § 478 BGB. Claims for damages remain unaffected by the shortened limitation period.
If the customer is an entrepreneur, he must examine the services provided immediately after delivery, as far as is orderly in accordance with proper business conduct, and, if a defect shows, notify us immediately thereof. If the customer omits the advertisement, the performance is considered approved, unless it is a defect that was not detectable during the investigation. If such a deficiency arises later, the notification must be made immediately after the discovery; otherwise, the performance is also considered as approved in view of this defect. To maintain the rights of the customer, the timely dispatch of the advertisement is sufficient. The rules on the obligation to complain are not applicable if a defect was fraudulently concealed or the customer is a consumer.
Minor deviations in terms of color, design and shape shall not constitute a defect insofar as the delivered goods correspond in quality and price to the ordered goods.
Further claims, especially for consequential damages, are excluded. This does not apply in case of intent, gross negligence or violation of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your statutory right to withdraw from the contract remains unaffected. Significant contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you can regularly trust and trust.
The risk of accidental loss and accidental deterioration of the goods during the sale of the shipment passes to the transfer of the goods to you or a recipient of your choice. Unless you are a consumer who has not bought the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods with delivery to the shipping person on you.
We exclude our liability for slightly negligent breaches of duty, insofar as these do not affect essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we shall be liable for intent and gross negligence, including our vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage from injury to life, limb or health. In the event of negligent property and financial loss, we and our vicarious agents are only liable for breach of a material contractual obligation, however, limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract. Significant contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.
§ 11 Care
Please note the washing instructions, which you can find on the labels of the products. If care instructions are not followed correctly, changes have been made to the products or care materials are used which we have advised against or which have been expressly declared incompatible with the articles or which do not meet at least average quality requirements, there is no case the warranty.
§ 12 Retention of title
Until full payment, the delivered goods remain our property.
§ 13 Copyright
The products and motifs sold and / or used by us are protected by copyright. A use of the motives or a duplication of the motives or products is only permitted with our written approval. By paying our claim, you will not be granted any right to use any intellectual property or copyright. This applies in particular to all illustrations, designs, logos and names as well as any trademark and utility model rights. If you make changes to the delivery item or connect the delivery item with other materials, and if this violates the rights of third parties, our liability shall be cancelled.
§ 14 data storage
§ 15 Right of objection according to Federal Data Protection Act (BDSG)
As a person affected by the BDSG, you have a right of objection regarding the use or transmission of your data for advertising purposes (blocking indicator), if you have given us an explicit consent beforehand.
In addition, there is a right to information and, under certain conditions, a right to correct, block and delete your data stored in one of our files. Further information or explanations on data protection can be obtained from the company data protection officer of Ashara GMBH, 54 Borner Strasse, 41379 Brüggen, Germany, whom you can reach by e-mail at email@example.com. Please contact the data protection officer, if you want to exercise your right to object according to the BDSG.
§16 Applicable law
For all disputes arising out of or on the basis of this agreement, German law shall apply, excluding the UN Sales Convention.
The here mentioned and for the contract valid norms of the BGB and the EGBGB are to be found in the Internet under www.gesetze-im-internet.de/bgb/ and www.gesetze-im-internet.de/bgbeg/ for you.
The place of jurisdiction for all claims arising from or based on this business relationship, including those arising from bills of exchange and checks, is Brüggen, Germany, as far as you are a merchant within the meaning of commercial law, ie not a consumer. In this case, we are also entitled to sue at the court competent for your seat.
§ 17 Final provision
The contract remains binding even in the case of invalidity of individual conditions in its remaining parts. Should a provision be wholly or partially ineffective, the parties to the contract shall make every effort to achieve the economic success desired by the ineffective provision in another, legally permissible manner.
§ 18 Provider information
Ashara GMBH, 54 Borner Strasse, 41379 Brüggen, Germany
Tel .: +49 (0) 2163 4909 -10
Management: Sara Allwood and Anna Shara Luckow Commercial
VAT ID: DE325259975
As of: 28.06.2019
Copyright © 2019 By Ashara GMBH ASHARA® is a trademark registered and protected by the German Patent and Trademark Office (DPMA).
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr /. Prior to a consumer arbitration board.