GENERAL TERMS & CONDITIONS OF 71SECOND AVENUE UG

1. Scope
2. Conclusion of contract
3. Prices and payment types

4. Delivery and shipping conditions
5. Reservation of title
6. No sale to commercial customers
7. Warranty
8. Copyright and image rights
9. Note on alternative dispute resolution
10. Final provisions, choice of law

1. SCOPE

1.1. These general terms and conditions (GTC) apply to all contracts for the purchase of goods that you conclude with us, 71Second Avenue UG, Christburger Strasse, 10405 Berlin, via our online shop. 

1.2 Pre-formulated terms and conditions from you that deviate from these terms and conditions do not become part of the contract, even if they are known, unless we expressly agree to their validity and at least comply with the text form (e.g. by email).

1.3. The terms and conditions only apply if you are a consumer, i.e. the purpose of the products and services ordered cannot predominantly be attributed to your commercial or independent professional activity.

1.4. A sale to customers who exercise a commercial or self-employed professional activity and therefore act as entrepreneurs or a sale of non-household quantities must be reported to us separately in advance.

1.5. The contract language is German.

2. CONCLUSION OF THE CONTRACT

2.1 Our information on products and prices within each order process are subject to change and non-binding.

2.2 You can initially place the products in the virtual shopping cart without obligation. After clicking the “Proceed to checkout” button, you can enter delivery and billing data and select the desired payment method. You can correct your entries at any time before submitting your binding order by using the correction aids provided in the order process. By clicking the "Buy now" button, you are placing a binding order for the products in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after your order has been sent.

2.3 When the contract with us is concluded depends on the payment method you have chosen:

  • Klarna invoice and hire purchase
    We accept your order by sending a declaration of acceptance in a separate email or by sending the goods within two working days.
  • Klarna Sofortüberweisung
    After placing your order, you will be redirected to the website of the payment service provider Klarna Bank AB (publ). When you trigger your payment order there, the contract with us is concluded.
  • Amazon Pay
    During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. There you can select the delivery address and payment method saved on Amazon and confirm the payment order to Amazon. You can then complete the ordering process as usual in our online shop. After placing your order, we ask Amazon to initiate the payment transaction and thereby accept your offer.
  • Credit card
    When you place your order, you also provide us with your credit card details. After your legitimation as the legal cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.
  • Paypal
    After the ordering process you will be redirected to the website of the online provider PayPal. There you can trigger the payment order to PayPal. By requesting a payment transaction to Paypal and we accept your offer.
  • Prepayment by bank transfer
    We accept your order by sending a declaration of acceptance in a separate email within two days.

2.4 We do not save the text of the contract.

3. PRICES AND PAYMENT METHODS

3.1 All prices include the applicable statutory value-added tax and do not include a flat-rate shipping fee.

3.2 The following payment methods are basically available for deliveries:

  • In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

    • Invoice: The payment period is 14 days from dispatch of the goods or, in the case of other services, from the provision of the service. The full billing conditions for the countries in which this payment method is available can be found here: Germany , Austria , Switzerland .
    • Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. Payment in installments is due at the end of the month after Klarna has sent a monthly invoice. You can find more information on hire purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available here (only available in the countries specified): Germany , Austria .
    • Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
    The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. You can find more information and Klarna's terms of use here . You can find general information about Klarna here . Your personal detailwill be  treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .
  • Amazon Pay
  • Credit card
  • Paypal
  • Prepayment via bank transfer.

You can find more information about the individual payment methods and the availability in individual countries in the footer.

3.3 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

4. DELIVERY AND SHIPPING CONDITIONS

4.1 The delivery of the products takes place on the dispatch route and to the delivery address specified by you.

4.2 You will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) for the individual products on a separate information page "Shipping Costs, Delivery Times & Returns" or in the context of the respective product description.

4.3 You are responsible for paying any customs duties or local taxes.

5. RETENTION OF TITLE

The product delivered to you remains our property until it has been paid for in full.

6. NO SALE TO COMMERCIAL BUYERS

6.1 The goods offered in the shop are only sold to consumers. The commercial resale of the products is not permitted without our express consent.

6.2 We have the right to withdraw from the purchase contract if, contrary to the prohibition mentioned in paragraph 1, a customer buys products from us in order to resell them or has already resold the products.

6.3 We reserve the right to assert claims for damages due to the unauthorized resale of our products.

7. WARRANTY

7.1 In the event of defects in the delivered object of purchase, you are entitled to the statutory rights under the warranty / liability for defects, regardless of any guarantee.

7.2 If guarantees are advertised, the details result from the guarantee conditions, which are made available in text form before the order is concluded.

8. COPYRIGHT AND IMAGE RIGHTS

All copyrights and image rights displayed on the website are owned by us or we are entitled to use them. Use without our express consent is not permitted.

9. NOTE ON ALTERNATIVE DISPUTE RESOLUTION

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/ .

In accordance with Section 36 Paragraphs 1 and 2 of the Consumer Dispute Settlement Act, we also point out that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

10. FINAL PROVISIONS, CHOICE OF LAW

10.1 German law applies to the exclusion of the provisions of the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2 Should individual provisions not be legally effective or unenforceable in whole or in part, or should they later lose their legal effectiveness or feasibility, this shall not affect the validity of the remaining provisions. In place of the ineffective or unenforceable provisions, the statutory regulation applies.

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