Terms of Service
Terms of contract within the framework of purchase contracts via the platform https://www.svenmalojlo.de
12305 Berlin, Germany
– hereinafter referred to as ‘the supplier’
The users of this platform, referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customers”.
§ 1 Scope of application
For the business relationship between the supplier and the customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the offerer expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the offerer and collect them by means of the button “into the shopping basket” in a so-called shopping basket. Using the “Buy now” button, he makes a binding request for the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail with the subject “Confirmation of your order with Sven Malojlo”, in which the order of the customer is re-listed and which the customer can print out using the “Print” function , The order of the customer (1) represents the offer to contract conclusion with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by the offerer. In this the contents of the order are summarized. In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a durable data medium (e-mail or paper). The text of the contract is stored in compliance with data protection.
(3) The contract shall be concluded in the following languages: German, English.
§ 3 Delivery, goods availability, payment modalities
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also immediately notify the customer thereof. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the offerer is also entitled to cancel the contract. In this case, he will refund any payments already made by the customer without delay.
(3) The customer can make payment via PayPal.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by default.
§ 4 Reservation of title
The delivered goods remain the property of the supplier until full payment of the purchase price.
§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of the offerer, are inclusive of the applicable legal value added tax.
§ 6 Malfeasance Guarantee
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for suppliers supplied by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the case of infringement of essential contractual obligations, the supplier is only liable for the contract-typical, foreseeable damage, if this was simply caused by negligence, unless the customer is claiming damages from a violation of life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representative and the vicarious agents of the supplier if claims are directly asserted against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, he / she takes particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will not use the customer’s data for purposes of advertising, market or opinion research.
§ 9 Final provisions
( 1) For contracts concluded between the supplier and the customer, the law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and of Private International Law (2) (3) The contract shall remain legally binding in the remaining parts of the contract even if the individual items are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available. To the extent that this would represent an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission is providing an online dispute resolution platform (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer-enforcement agency.