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GENERAL TERMS AND CONDITIONS
1: scope, customer information
The following general terms and conditions (GTC) regulate the contractual relationship between Raheem-mart (Mohsan Ali) and the consumers and entrepreneurs who buy goods through our shop. Conditions that contradict or deviate from our terms and conditions are not recognized by us.
2: Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to buy goods.
(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and wishes regarding the method of payment, delivery modalities, etc. Only when you click on the order button do you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone or fax.
(3) The confirmation of receipt sent immediately by email or fax also declares acceptance of your offer and concludes the purchase contract. When ordering by telephone, the purchase contract is concluded when we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.
3: Statutory warranty rights and statute of limitations
(1) Statutory warranty rights
(2) Guarantee to consumers for used goods
Your claims due to defects in used items expire one year after the item sold is handed over to you. Excluded from this regulation are claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the quality of the item. For these excluded claims, the statutory limitation periods apply. In the case of a possibly given guarantee period, the longer period applies in favor of the buyer.
(3) Guarantee to entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this rule
– for damages
– due to fraudulently concealed defects
– from a possibly given guarantee
– on recourse according to §§ 445a, 478 BGB
– due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. In the case of a possibly given guarantee period, the longer period applies in favor of the buyer.
4: Limitation of Liability:
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damage from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual obligations is, in particular, the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
5: Payment
The following payment methods are basically available in our online shop:
Credit Card
With the submission of the order, you are sending us your credit card details at the same time.
After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
PayPal
During the ordering process you will be forwarded to PayPal’s online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly after shipping the good the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
SOFORT Online Bank Transfer
After placement of the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
6. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to
us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. “Kaufleute” as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.
9: Consumer information:
Participation in a dispute settlement procedure We are ready to take part in a dispute settlement procedure before a recognized consumer arbitration board.
10: Customer service:
you can reach our customer service for questions andcomplaints from Monday to Friday from [9:00 a.m.] to [6:00 p.m.] on the telephone number 037414499131 as well as by e-mail at inf@raheem-mart.de
