Terms of service

Stand: 06/2018

General Terms and Consumer Information within the framework of purchase contracts concluded via the online shop between AKUMA CLUB, hereinafter referred to as the "Seller," and the customer, hereinafter referred to as the "Customer."
§ 1 Scope and General Information
(1) Unless individual arrangements and agreements take precedence over these terms and conditions, the following General Terms and Conditions exclusively apply to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions is objected to.
(2) The Customer is a consumer if they enter into the contract for purposes that can be attributed primarily neither to their commercial nor their independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a legal partnership that acts in the course of conducting commercial or independent professional activities when entering into a legal transaction.
§ 2 Conclusion of Contract
(1) The contract is concluded with:
Özgür Aydin
Heinrich-Imbusch-Weg 7
28329 Bremen
Germany
(2) The essential features of the goods can be found in the respective product description posted by the Seller.
(3) All offers in the Seller's online shop are merely non-binding invitations to the Customer to submit a corresponding purchase offer to the Seller. Once the Seller has received the Customer's order, the Customer will initially receive a confirmation of the receipt of their order from the Seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After the Seller has received the Customer's order, they will promptly examine it and inform the Customer within 2 business days whether they accept the order (order confirmation).
The ordering process in the Seller's online shop works as follows:
(4) The Customer can select products from the Seller's range and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking the "Shopping Cart" button, the Customer gets an overview of the selected products. By clicking the "Checkout" button, the Customer submits a binding request to purchase the products in the shopping cart.
Before submitting the order, the Customer can change and view the data at any time using the browser functions represented as arrow buttons "Back" and "Forward." The request can only be submitted and transmitted if the Customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button and thereby including them in their request. The Seller will then send the Customer an automatic acknowledgment of receipt by email, which lists the Customer's order again and can be printed using the "Print" function. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the request. The contract only comes into effect when the Seller issues the declaration of acceptance, which will be sent in a separate email.
§ 3 Subject Matter of the Contract, Nature, Delivery, Availability of Goods
(1) The subject matter of the contract is the goods and services specified in the Customer's order and named in the order and/or order confirmation, at the final prices stated in the online shop. Errors and mistakes are reserved, particularly with regard to the availability of the goods.
(2) The nature of the ordered goods can be found in the product descriptions in the online shop. Images on the website may only inaccurately represent the products; in particular, colors may deviate significantly for technical reasons. Images are for illustration purposes only and may differ from the actual product. Technical data, weight, dimensions, and performance descriptions are as precise as possible but may have the usual deviations. The characteristics described here do not represent defects in the products delivered by the Seller.
(3) If, at the time of the Customer's order, no copies of the selected product are available, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the Customer in the order is only temporarily unavailable, the Seller will also inform the Customer of this promptly in the order confirmation. If there is a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. In this case, any payments already made by the Customer will be promptly refunded.
§ 4 Delivery, Prices, Shipping Costs
(1) Delivery to the shipping company will take place no later than five to seven days after receipt of payment. The usual delivery time is two to three days. The Seller will indicate any deviating delivery times on the respective product page.
(2) Delivery is available worldwide.
(3) Due to the small business status, according to § 19 of the German Value Added Tax Act (UStG), the VAT is not shown on the invoice. The prices indicated are final prices plus shipping costs.
§ 5 Payment
Payment is made via:
  • SOFORT Überweisung
  • PayPal
  • Klarna
  • Apple and Google Play
  • Shop Pay
  • Credit cards such as VISA, MasterCard, or American Express
  • iDeal
  • Maestro debit card
§ 6 Transport Damages
(1) If goods with obvious transport damages are delivered, the Customer is requested to report these defects immediately to the delivery person and to contact the Seller as soon as possible.
(2) Failure to make a complaint or to contact the Seller will not have any consequences for the Customer's legal warranty rights. However, it will assist the Seller in asserting claims against the carrier or transport insurance.
§ 7 Warranty for Defects
(1) The Seller is liable for material defects in accordance with the statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB).
(2) A guarantee only exists for the goods delivered by the Seller if it has been expressly provided in the order confirmation for the respective item.
(3) Complaints and claims for defects can be made using the address specified in the Seller's identification.
§ 8 Retention of Title
Until full payment has been made, the delivered goods remain the property of the Seller.
§ 9 Liability
The statutory provisions apply.
§ 10 Contract Text
The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions in their customer account at any time. The order data and the terms and conditions will be sent to the Customer by email. After completing the order, the order data is no longer accessible via the internet for security reasons.
§ 11 Final Provisions
(1) The contract language is German.
(2) Contracts between the Seller and the Customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the Customer has their habitual residence is not withdrawn.
(3) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's registered office. This also applies if the Customer has no general place of jurisdiction in Germany or the EU or their residence or habitual abode is not known at the time the
Quelle: Rechtsanwalt Metzler - Rechtsanwalt für
Wettbewerbsrecht, Markenrecht und Urheberrecht