Terms and conditions
Standard Business Terms
and customer information
I. Standard business
terms
1 Basic provisions
(1) The following
business terms are applicable to all the contracts, which you conclude with us
as a supplier (AA Traders Gbr) via the https://www.aamarkt.com/ website. Unless
otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled
out.
(2) A ‘consumer’
in the sense of the following regulations is every natural person who concludes
a legal transaction which, to an overwhelming extent, cannot be attributed to
either his commercial or independent professional activities. The term
‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in pursuance of
his/its independent professional or commercial activity.
2 Conclusion of the
contract
(1) The subject-matter
of the contract is the selling of products.
(2) On placing the
product in question on our website, we provide you with a binding offer to
conclude a sales agreement subject to the conditions specified in the item
description.
(3) The purchase agreement
takes place via the online shopping cart system as follows:
The products intended
for purchase are moved to the shopping cart. You can select the shopping cart
using the appropriate buttons on the navigation bar and make changes there at
any time.
After calling up the
“Checkout” page and entering the required personal data and payment and
shipping conditions, all order information is then displayed again on the order
summary page.
If you used an instant
payment system (e.g. PayPal / PayPal Express, Sofort) to initiate payments, you
will either be guided to our online shop on the order summary page or forwarded
to the web page of the instant payment provider.
If you are forwarded to
the instant payment system, choose and enter your details as appropriate. You
will then be returned to the order summary page in our online shop.
Before the order is
sent, you can re-check all the data, change it (which can also be done via the
internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the
"purchase” button to submit the order, you declare acceptance of the order
in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by
your enquiries regarding the creation of an offer that have been conveyed to
us. We supply you with a textual and binding offer (e.g. via e-mail), which you
can accept within a period of 5 days.
(5) The execution of the
order and the sending of all the details necessitated by the conclusion of the
contract take place via e-mail, in a partially-automated manner. Consequently,
you have to ensure that the e-mail address that you have deposited with us is
the correct one, and that the receipt of the respective e-mails is guaranteed.
In particular, you have to ensure that the respective e-mails are not blocked
by a SPAM filter.
3 Right of retention,
reservation of proprietary rights
(1) You can only
exercise a right of retention if the situation in question involves claims
arising from the same contractual relationship.
(2) The goods remain our
property until the purchase price is paid in full.
4 Warranty
(1) The statutory
warranty rights are applicable.
(2) As a consumer, you
are requested to promptly check the product for completeness, visible defects
and transport damage as soon as it is delivered, and promptly disclose your
complaints to us and the shipping company in writing. Even if you do not comply
with this request, it shall have no effect on your legal warranty claims.
5 Choice of law, place
of fulfilment, jurisdiction
(1) German law shall
apply. This choice of law only applies to customers if it does not result in
the revocation of the protection guaranteed by the mandatory provisions of the
law of the country in which the respective customer’s usual place of residence
is located (benefit-of-the-doubt principle).
(2) If you are not a
consumer, but a businessman, a legal entity under public law or an
institutional fund governed by public law, our place of business is the place
of jurisdiction as well as the place of fulfillment for all services that
follow from the business relationships that exist with us. The same condition
applies to situations in which you are not associated with a general place of
jurisdiction in Germany or the EU, as well as situations in which the place of
residence or the usual place of residence is not known at the time of
commencement of proceedings. This has no bearing on the capacity to call upon
the court associated with another place of jurisdiction.
(3) The provisions of
the UN Convention on Contracts for the International Sale of Goods are
explicitly inapplicable.
II. Customer information
1. Identity of the
seller
AA
Traders Gbr (AA Markt)
Mehrower Allee 20, 12687
Berlin, Germany.
Telephone: +49 (0) 176
40569896
E-Mail: info@aamarkt.com
Alternative dispute
resolution:
The European Commission
provides a platform for the out-of-court resolution of disputes (ODR platform),
which can be viewed under https://ec.europa.eu/odr.
2. Information regarding
the conclusion of the contract
The technical steps
associated with the conclusion of the contract, the contract conclusion itself
and the correction options are executed in accordance to the regulations
conclusion of the contract in our standard business terms (part I.).
3. Contractual language,
saving the text of the contract
3.1 Contract language
shall be English.
3.2 The complete text of
the contract is not saved with us. Before the order is sent, via the online -
shopping cart system the contract data can be printed out or electronically
saved using the browser’s print function. After the order is received by us,
the order data, the legally-mandated details related to distance selling
contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all
contractual information within the framework of a binding offer in written
form, via E-mail for example, for quotation requests outside of the online
shopping basket system, which can be printed out or saved electronically in a
secure manner.
4. Main features of the
product or service
The key features of the
goods and/or services can be found in the respective quote.
5. Prices and payment
arrangements
5.1 The prices mentioned
in the respective offers represent total prices, as do the shipping costs. They
include all the price components, including all the incidental taxes.
5.2 The dispatch costs
that are incurred are not included in the purchase price. They can be viewed by
clicking the appropriate button on our website or in the respective quote, are
shown separately over the course of the order transaction and must additionally
be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods
that are available to you are shown by clicking the appropriate button on our
website or are disclosed in the respective quote.
5.4 Unless otherwise
specified for the respective payment methods, the payment claims arising from
the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery
conditions, delivery date and existing supply restrictions, if applicable, can
be found by clicking the appropriate button on our website or in the respective
quote.
6.2 If you are a
consumer, the following is statutorily regulated: The risk of the sold item
accidentally being destroyed or degraded during shipping only passes over to
you when the item in question is delivered, regardless of whether or not the
shipping operation is insured. This condition does not apply if you have
independently commissioned a transport company that has not been specified by
us or a person who has otherwise been appointed to execute the shipping
operation.
7. Statutory warranty
right
Liability for defects is
governed by the “Warranty” provisions in our General Terms and Conditions of
Business (Part I).
Last update: 11.01.2024
