GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders you place
at the online shop
Igor Kushnir
Johann Kaiser Ring 63
Hanau
Managing Director: Igor Kushnir
make.
(2) The range of goods in our online shop is aimed exclusively at
Buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the
Basis of these General Terms and Conditions. The general ones
Terms and conditions apply to companies for everyone
future business relationships, even if they are not expressly stated again
be agreed. The inclusion of general terms and conditions
of a customer who agrees to our general terms and conditions
contradict, is already being contradicted.
(4) Contract language is exclusively German.
retrieve and print.

§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application
the conclusion of a purchase contract. Rather, it is a
Non-binding invitation to order goods in the online shop.
(2) By clicking the button [“Order now with payment” / “buy”] you are making a binding purchase offer (§ 145 BGB). Just before
When you submit this order, you can check the order again
and correct if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated email,
with which we confirm that we have received your order
(Confirmation of receipt). This confirmation of receipt does not constitute acceptance
of your purchase offer. A contract comes through the confirmation of receipt
not yet achieved.
(4) A purchase contract for the goods is only concluded if we expressly do so
declare acceptance of the purchase offer (order confirmation) or if we
the goods – without prior express declaration of acceptance – to you
to ship. Exception: when paying in advance and PayPal
Acceptance of the order immediately with your order.
§ 3 prices
The prices stated on the product pages include the statutory prices
VAT and other price components are plus
respective shipping costs. Further information about shipping costs
can be found on our website under [“Shipping information” /
"Delivery terms"].
§ 4 terms of payment; default
(1) Payment can be made by:
Invoice in advance,
cash on delivery,
Paypal
(2) We are responsible for selecting the available payment methods. We
In particular, we reserve the right to only provide you with selected items for payment
Offer payment methods, for example to secure our
Credit risk only in advance.
(3) If you choose the advance payment method, we will tell you our payment method
Bank details in the order confirmation. The invoice amount is
within 10 days of receiving the order confirmation on our account
immediately.
(4) When paying by cash on delivery, an additional fee of [X] EUR will be charged
due, which the delivery person collects on site. There are no additional costs or taxes

(5) When paying by credit card, the purchase price is charged at the time of the order
reserved on your credit card (authorization). The actual load
Your credit card account takes place at the time we send the goods to you
to ship.
(6) When paying with PayPal, you will be taken to the website during the ordering process
from the online provider PayPal. To pay the invoice amount
To be able to pay with PayPal, you must be registered there or log in first
Register, authenticate with your access data and the payment order
confirm to us. After placing the order in the shop, we require PayPal
to initiate the payment transaction. You will receive further information
during the ordering process. The payment transaction is carried out immediately by PayPal
then carried out automatically.
(7) If you pay by direct debit, you may have to bear the costs that arise as a result
a chargeback of a payment transaction due to insufficient account funds or
arise due to incorrect bank details provided by you.
(8) If you are in arrears with a payment, you are responsible for paying it
statutory default interest of 5 percentage points above
Base interest rate obligated. For every reminder letter sent after the
If it is sent to you in arrears, you will be charged a reminder fee of 2,50
EUR will be charged unless a lower or higher rate applies in individual cases
Damage is proven.

§ 5 Offsetting/right of retention
(1) You only have the right to offset if your counterclaim
has been legally established and is not disputed by us
is recognized or in a close synallagmatic relationship to ours
demand stands.
(2) You can only exercise a right of retention to the extent that your counterclaim
is based on the same contractual relationship.

§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered by us
warehouse to the address you provided.
(2) The goods remain ours until the purchase price has been paid in full
Property.
(3) In exceptional cases we are not obliged to deliver the ordered goods,
if we have properly ordered the goods, but not
were delivered correctly or on time (congruent hedging transaction).
The prerequisite is that we do not accept the lack of availability of goods
represented and informed you of this circumstance immediately.
In addition, we are not allowed to take the risk of procuring the ordered goods
have taken over. If the goods are not available,
We will immediately reimburse you for any payments you have already made. The risk, one
We assume the responsibility for having to procure ordered goods (procurement risk).
not. This also applies when ordering goods that are only of their type and type
Characteristics are described (generic goods). We are for delivery only
from our stock of goods and those ordered by us from our suppliers
Goods obliged.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
– We retain ownership of the goods until they have been completed
Settlement of all claims from the ongoing business relationship.
Before ownership of the reserved goods is transferred, there is a pledge
or security transfer not allowed.
– You may resell the goods in the ordinary course of business. For
In this case, you already now agree to all claims in the amount of
of the invoice amount that arises from the resale to us
away. We accept the assignment, but you are responsible for collecting it
demands authorized. Unless you meet your payment obligations
comply properly, we reserve the right to
to collect claims yourself.
– If the reserved goods are combined or mixed, we purchase them
Co-ownership of the new item in proportion to the invoice value
Reserved goods for the other processed items
Processing time.
– We undertake to provide the securities to which we are entitled upon request
to the extent that the realizable value of our securities is the
claims to be secured by more than 10%. The selection of the
It is our responsibility to release the securities.

§ 7 cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code, you agree to the purchase
purposes that are predominantly neither your commercial nor your
can be attributed to independent professional activity, you have one
Right of withdrawal in accordance with the following provisions.
Right to cancel

You have the right to cancel this within fourteen days without giving reasons
to revoke the contract.
The cancellation period is fourteen days from the day on which you or one of
A third party named by you, other than the carrier, takes possession of the goods
have taken or has.
In order to exercise your right of withdrawal, you must send us
Company:Igor Kushnir
Address: Johann-Kaiser-Ring 63, Hanau
Email: info@japan-dream-tackle.de
Telephone:+49 15123464037
Fax: —-
by means of a clear statement (e.g. a letter sent by post,
Fax or email) about your decision to revoke this contract,
inform. You can use the attached sample cancellation form
but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send the notification about the
Exercise the right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you cancel this contract, we will have to pay you all the payments we made
received from you, exclusive of delivery costs (with the exception of
additional costs resulting from the fact that you choose a different type of
Delivery selected as the cheapest standard delivery offered by us
have), immediately and at the latest within fourteen days from the day
repay on the date of notification of your cancellation of this contract
has come to us. For this refund we use the same
Payment method that you used in the original transaction,
unless something else has been expressly agreed with you; in none
In this case, you will be charged fees for this repayment.
We can refuse the refund until we receive the goods back
or until you have provided proof that you have received the goods
returned, whichever is earlier.
You have the goods immediately and in any case within fourteen at the latest
days from the day on which you inform us of your cancellation of this contract
teach, to us or to [if applicable. Name and address of one of you
person authorized to receive the goods].
hand over. The deadline is met if you receive the goods before the deadline expires
send within fourteen days.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if:
this loss of value on one to check the nature, properties and
The functioning of the goods means that handling of them is not necessary
is due.
Refund Request Form Template
If you want to cancel the contract, please fill out this form
and send it back.
An
Company: Igor Kushnir
Address: Johann-Kaiser-Ring 63, Hanau
Email: info@japan-dream-tackle.de
Fax:-
I/we (*) hereby revoke the contract concluded by me/us (*).
the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name / consumer (s):
Address of / consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
Date
(*) Delete where not applicable.
End of cancellation terms
(1) The right of withdrawal does not apply to the delivery
– of goods that are not prefabricated and for their production a
individual choice or determination by the consumer
is relevant or is clearly tailored to the personal needs of the person
tailored to the consumer (e.g. T-shirts with your photo and your
names),
– sealed goods that are for reasons of health protection or
Hygiene are not suitable for return if they are sealed
was removed from the delivery,
– of goods if these are due to their nature after delivery
were inseparably mixed with other goods,
– of sound or video recordings or computer software in one
sealed package if the seal is removed after delivery
became,
– from newspapers, magazines or magazines with the exception of
Subscription contracts.
(2) Please avoid damage and contamination. Send the
If possible, please bring the goods in the original packaging with all accessories
all packaging components back to us. If necessary, use one
protective outer packaging. If you no longer have the original packaging
If you have one, please provide one with suitable packaging
adequate protection against transport damage in order to make claims for damages
due to damage caused by inadequate packaging.
(3) Before returning the item, please call us at [telephone number] to confirm
to announce the return. In this way you enable us to
Assignment of products as quickly as possible.
(4) Please note that those mentioned in paragraphs 2 and 3 above
Modalities are not a prerequisite for the effective exercise of the right of withdrawal
are.

§ 8 Damage in transit
(1) If goods are delivered with obvious transport damage, so
Please complain about such errors immediately to the delivery person and take them away
please contact us as soon as possible.
(2) Failure to make a complaint or contact us has consequences for you
Legal warranty rights have no consequences. But they help us,
our own claims against the carrier or the
To be able to claim transport insurance.

§ 9 Warranty
(1) Unless expressly agreed otherwise, your
Warranty claims according to the legal provisions of the
Sales law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of Section 13 BGB
the period of liability for warranty claims for used items –
deviating from the legal provisions – one year. This
The limitation does not apply to claims based on damages arising from the
Injury to life, body or health or from the
Breach of an essential contractual obligation, the fulfillment of which is
proper execution of the contract is possible in the first place and
compliance with which the contractual partner can regularly rely
(cardinal obligation) as well as for claims due to other damages
due to an intentional or grossly negligent breach of duty on the part of
the user or his vicarious agents.
(3) Otherwise, the statutory provisions apply to the warranty,
in particular the two-year limitation period in accordance with Section 438 Paragraph 1 No. 3 BGB.
(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory regulations apply
Provisions with the following modifications:
– Only our own information and that are responsible for the quality of the goods
The manufacturer's product description is binding, but not public
Promotions and statements and other advertising by the manufacturer.
– You are obliged to return the goods immediately and with the required price
To examine and contact us carefully for quality and quantity deviations
Obvious defects must be reported within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet the deadline. This also applies to
Hidden defects discovered later upon discovery. In case of violation of the
The obligation to inspect and give notice of defects is to assert warranty claims
locked out.
– In the event of defects, we will, at our discretion, provide a guarantee through repairs
or replacement delivery (subsequent performance). In the case of repairs must be made
we do not bear the increased costs resulting from the shipment of the goods
arise at a location other than the place of performance, provided that
Shipment that does not comply with the intended use of the goods
requirements.
– If the supplementary performance fails twice, you can do so at your own discretion
Demand a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.

§ 10 Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence
negligence and in accordance with the product liability law. For light
Due to negligence, we are liable for damages resulting from injury to life
body and health of people.
(2) Otherwise, the following limited liability applies: In the event of slight negligence
We are only liable in the event of a breach of an essential contractual obligation,
the fulfillment of which ensures the proper execution of the contract in general
only made possible and on whose compliance you can regularly rely
(Cardinal duty). Liability for slight negligence depends on the amount
limited to the damages foreseeable at the time the contract was concluded
emergence must typically be expected. This Limitation of Liability
also applies to our vicarious agents.

Section 11 Alternative Dispute Resolution
The EU Commission has a platform for out-of-court dispute resolution
provided. This gives consumers the opportunity to resolve disputes
Connection with your online order initially without the involvement of one
to clarify in court. The dispute resolution platform is under the external link
http://ec.europa.eu/consumers/odr/ erreichbar.
We endeavor to resolve any disagreements arising from our contract
to be settled amicably. In addition, we are participating in one
Arbitration proceedings are not obligatory and may allow you to participate in one
Unfortunately, we do not offer such procedures.

§ 12 Final provisions
(1) If one or more provisions of these General Terms and Conditions are ineffective or
this will invalidate the validity of the other provisions
not touched.
(2) German law applies exclusively to contracts between us and you
applicable to the exclusion of United Nations regulations
Convention on Contracts for the International Sale of Goods (CISG, “CISG”).
Mandatory regulations of the country in which you are located
usually reside, remain unaffected by the choice of law.
(3) Are you a merchant, legal entity under public law or under public law
Special assets, our place of business is the place of jurisdiction for everyone
Disputes arising from or in connection with contracts between us and
Them.

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13,10115, 030 Berlin, Tel. (28) 30 57 40 030, Fax (28) 30 57 4 XNUMX