Terms of service
GENERAL TERMS AND CONDITIONS
Your contractual partner:
Asphaltgold GmbH & Co. KG
Heidelberger Straße 129 ½
Tel: 06151 - 62 92 10
Fax: 06151 - 62 92 121
1. SCOPE OF APPLICATION
1.1The business transaction and delivery are exclusively subject to the following General Terms and Conditions (GTC).
1.2Any provisions of the customer that conflict with or deviate from the following General Terms and Conditions shall not apply.
1.3If working days are specified as deadlines, these shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays.
2. INSPECTION OF THE TEXT OF THE CONTRACT AND THE GENERAL TERMS AND CONDITIONS OF BUSINESS
2.1We save the contract text and send you the order data by e-mail. Orders can be viewed in your customer account, if you have created one. If you have not created a customer account, the contract data is no longer accessible on the Internet for security reasons.
2.2You can view, print and save these terms and conditions at any time at https://asphaltgold.de/de/terms-and-conditions/. Saving and printing is done via the functionality of your internet browser (e.g. File > Save as or e.g. File > Save as).
3. CONCLUSION OF CONTRACT / DELIVERY RESERVATION
3.1The presentation of the products in the webshop ASPHALTGOLD.de is not a legally binding offer, but a non-binding online catalogue. By clicking the button "Buy now!" at the end of the order process you place a binding order of the goods in the shopping cart. After this order placement ASPHALTGOLD sends an e-mail confirmation about the receipt of the order. This email is only a confirmation of receipt and not an acceptance of the order. A contract between ASPHALTGOLD and you will only be formed when ASPHALTGOLD confirms to you by email that the goods ordered have been dispatched. Only the goods listed in the email sent at the time of dispatch will form part of the contract.
3.2Our online database is constantly updated to ensure the availability of the products offered in the shop. ASPHALTGOLD is entitled to withdraw from the sales contract, if ASPHALTGOLD itself was not supplied correctly and in time despite a proper congruent covering transaction, is not responsible for the lack of availability and no procurement risk was assumed by ASPHALTGOLD. We commit ourselves to inform you immediately about the unavailability and in this case to refund you your possible pre-payment immediately.
4. PAYMENT / PRICES
4.1The available payment methods are shown on the separate page "Payment and Shipping". Payment by sending cash or cheques is unfortunately not possible.
4.2If you make a chargeback or other reversal of payment without justification, you will be responsible for any costs incurred.
4.3All prices contained in the online shop www.asphaltgold.de are Euro amounts and include the statutory value added tax. Postage and packaging costs are added according to our price list. You can see this on the page "payment and shipping". Any customs duties incurred for deliveries to countries outside the EU must be borne by you in such cases.
5. PURCHASE VIA KLARNA
In cooperation withKlarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
5.1.Invoice: The payment period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here:Germany,Netherlands,Austria.
5.2Direct Debit: Available in Germany, the Netherlands, Sweden and Austria. The debit will be made after the goods have been shipped. You will be informed about the time by e-mail.
Invoice:Your personal data, in particular contact and shopping cart data, will be transmitted by Klarna to BillPay GmbH ("BillPay"). BillPay transmits your personal data to credit agencies for identity and credit checks.
The shipping costs are always displayed on the separate page "shipping costs". If a shipment is made in several deliveries, we will of course charge you the shipping costs only once.
7.1Service content:Value vouchers are issued with a certain amount of money. Vouchers entitle you to purchase goods from our company. When purchasing the goods, the amount of money stated in the voucher will be charged. If the amount of the voucher is lower than the price of the goods, you will have to pay the difference. If it is above this price, your claims from the value voucher continue to exist for the difference. An exchange of vouchers for money (a cash payment) is not possible.
7.2. Transfer/redemption of the value voucher: Vouchers are transferable. The person who is entitled to the voucher is always the one who can legitimize himself by the code on the voucher within the scope of the redemption of the voucher. The redemption of the value voucher takes place by entering the code noted on the voucher on our website (www.asphaltgold.com). The redemption of the value voucher is only possible with us, not with third party companies.
7.3 Limitation: Claims from value vouchers for the purchase of goods become time-barred within three years after the end of the calendar year in which you received the value voucher (electronically or in paper form). A transfer to a third party does not lead to an extension or a new start of this limitation period.
8. DAMAGE IN TRANSIT
ASPHALTGOLD takes over the transport risk. In case that ordered goods arrive damaged during transport, please contact us. You can do this either via e-mail: firstname.lastname@example.org or alternatively via telephone: 06151 - 62 92 10, as well as via fax: 06151 - 62 92 121, but also on site at Friedensplatz 4 in 64283 Darmstadt during our opening hours.
9. FOREIGN DELIVERIES / CUSTOMS DUTIES
Customs duties do not apply to shipments within the European Union (EU). Exceptions to this are those areas that do not belong to the customs territory of the EU; therefore, please inform yourself about the applicable customs regulations in your area before making your purchase. Outside the EU, there are generally fees for importing goods from the EU.
Charges may be levied by the respective country of destination on goods sold from the EU to a country outside the EU or to a country with special regulations within the EU, according to the customs requirements applicable there.
Customs duties are to be borne by the customer and the customer is responsible for the relevant administrative matters, e.g. collecting the ordered goods from customs and completing the formalities.
More detailed information on the individual customs regulations and on the respective amount of customs duties must be obtained by the customer in advance from the responsible customs office.
10. WARRANTY / NOTICE OF DEFECTS
10.1The statutory warranty rights for goods shall apply.
10.2Please inform ASPHALTGOLD about obvious defects of the goods immediately, at the latest, however, within 2 weeks after delivery of the goods via the contact channels indicated above.
10.3ASPHALTGOLD strives for customer satisfaction and will check your request as soon as possible and contact you as soon as possible. If you have contacted ASPHALTGOLD via email and have not received a response after 5 business days, please contact us again with your concern. In rare cases, an email may have been "stuck" in the spam filter (either ours or yours) or an email may have otherwise not reached ASPHALTGOLD. Your rights as a consumer in case of a defect are not limited by this.
11. RIGHT OF REVOCATION
Consumers in the EU have a right of withdrawal according to the applicable regulations, which you can find separately under withdrawal policy.
If the contract is revoked and you return the goods to ASPHALTGOLD, please make sure that you return the shoes in the same packaging in which you received them. Box in box - i.e. shoe box packed in cardboard packaging. However, this request is not a mandatory requirement for the effective exercise of the right of withdrawal. If the return is free of charge for you, a return note for the free return is enclosed with the shipment. However, this request is also not a mandatory requirement for the effective exercise of the right of withdrawal.
12. RESERVATION OF OWNERSHIP
12.1In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full.
12.2If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with you have been settled. The corresponding security rights are transferable to third parties.
We undertake to release the securities to which we are entitled at your request insofar as the realisable value of the securities of the purchaser exceeds the claim to be secured by more than 20%. The selection of the securities to be released is incumbent upon us.
13.1We shall be liable without limitation for damages arising from injury to life, limb or health, guarantees for the quality of the object of purchase, fraudulent concealment of defects and claims under the Product Liability Act.
13.2Notwithstanding clause 11.1, our liability for slightly negligent breaches of duty shall be excluded unless material contractual obligations (the fulfilment of which is a prerequisite for the proper performance of the contract and/or the breach of which jeopardises the achievement of the purpose of the contract and on the fulfilment of which the customer may regularly rely (so-called cardinal obligations)) are affected. This shall also apply to the corresponding breach of duty by our vicarious agents.
13.3Our liability for slightly negligent breaches of cardinal obligations is limited to the typical contractual damage foreseeable at the time of conclusion of the contract.
14. RIGHTS OF USE
14.1The page of the online shop www.asphaltgold.de, as well as the sub-pages and logos listed therein, enjoy copyright protection. The pictures contained therein are in all probability protected according to § 2 Abs. 5 UrhG (copyright law) as photographic works, or works which were produced similarly to photographic works, at least however according to § 72 UrhG as photographic works, or products which are produced similarly to photographic works. ASPHALTGOLD holds the exclusive rights of use.
14.2Publications, duplications, distributions which are based on the protected intangible property are only allowed with written permission of ASPHALTGOLD.
15. FINAL PROVISIONS
15.1For all legal transactions or other legal relations with ASPHALTGOLD the law of the Federal Republic of Germany is valid. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements, even after their adoption into German law, shall not apply.
15.2In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (consumer contracts), the choice of law pursuant to section 14.1 shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
15.3If the Buyer is an entrepreneur, Darmstadt shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
15.4The contractual language is German.
15.5You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
15.6If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
16. INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts.
The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr
17. SEVERABILITY CLAUSE
Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.