GENERAL TERMS & CONDITIONS AND RIGHT OF WITHDRAWAL
The following General Terms & Conditions also contain legal information on your rights in accordance with the provisions on distance contracts and electronic commerce.
These General Terms & Conditions apply for all deliveries of the Aachener Reitturnier GmbH to consumers in the sense of §13 of the German Civil Code. In the sense of this provision, a consumer is every natural person, who concludes a transaction for a purpose that is not in connection with his/her commercial or self-employed professional activities.
2. Contract Parties
The purchase contract is concluded with the Aachener Reitturnier GmbH, legally represented by the General Manager, Graduate of Business Administration, Michael Mronz, Albert-Servais-Allee 50, 52070 Aachen, Commercial Register: AG Aachen HRB 1201.
Should you have any questions, claims or complaints, you can reach us during our business hours by telephone on (+49) 241-889 27 162 or by sending an email to email@example.com.
3. Offer and Conclusion of Contract
The presentation of the products offered in our online shop is not a legally binding offer, but rather an invitation to place an order. We take no responsibilities for errors that may occur in the presentation. By clicking on the send button on the order page [confirm order], you make a binding order for the goods listed on the order page. The Aachener Reitturnier GmbH only sells to end consumers in quantities customary for a single household. The purchase contract is concluded once we have expressly confirmed the order or on delivery of the ordered goods. The dispatch of an order confirmation per email does not constitute acceptance of the contract.
During the days of the show (please see www.chioaachen.de), the availability of the goods cannot be guaranteed due to the high demand. Orders received throughout the duration of the show might not be processed until the show has finished.
4. Right of Withdrawal
The consumers have the right to withdraw from the contract within 14 days. This does not apply for deliveries to customers outside of the European Union.
Instruction on Right of Withdrawal
Right of WithdrawalYou may cancel your contract in writing (e.g. letter, fax, email) within 14 days without stating any reason or – if you have received the goods before the end of this period – by returning the goods. The two-week period begins after you receive this instruction in writing, but not before receipt of the goods by the recipient (for repeated delivery of similar articles, not before the receipt of the first partial delivery) and not before we have fulfilled our obligation to provide information pursuant to art. 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312 g para. 1 sect. 1 BGB (German Civil Code) in conjunction with art. 246 § 2 EGBGB. Sending the cancellation or the goods within the due period is sufficient to comply with the cancellation deadline.
The right of withdrawal is to be addressed to:
Aachener Reitturnier GmbH,
legally represented by the General Manager
Dipl.-Kfm. Michael Mronz
CHIO Aachen Collection/Fanshop
Consequences of the CancellationIf cancellation has become effective, the services received by either party are to be returned and where applicable any benefits derived (i.e. interest) are to be reimbursed. If you cannot return the received services (i.e. benefits of use) or only in a deteriorated condition, we are entitled to compensation, if the usage or deterioration is caused by handling the goods beyond solely examining them to check their characteristics and proper functioning.
“Examination of the characteristics and proper functioning” is understood to be testing and trying the respective goods to the extent customary and possible in a shop. You have to bear the direct costs of the return according to § 357 para. 6 sect. 1 BGB (German Civil Code) if the delivered goods correspond to the ordered ones or if you have not yet made the consideration or a contractually agreed partial payment for a higher price of the item at the time of the revocation. Obligations to reimburse payments must be fulfilled within 30 days.
The period begins for you when you send the cancellation or the goods, for us with their receipt.
End of Instruction on Right of Withdrawal
The right of withdrawal does not apply for goods that have been individually designed to meet the customer’s specifications or which are clearly tailor-made to meet their personal needs, neither does it apply for the delivery of audio or video recordings or software, if the delivered data media have been unsealed.
5. Prices and Shipping Costs
The prices stated on the product pages are the final purchase prices. They include VAT and other charges. The shipping costs are not included in the final purchase prices. The shipping costs are being calculated and stated on the website during the process of your purchase.
The purchaser can either pay for deliveries within Germany by credit card or by direct debit. The payment option for deliveries outside Germany is by credit card.
The goods are dispatched after payment has been received. If credit card is the chosen method of payment, your account will be debited once the goods are dispatched. Should extra charges be incurred as a result of payment from abroad, the customer bears the full amount without exception.
6. Retention of Title
The goods remain our property until full payment of the purchase price and the shipping costs has been effected.
The delivery takes three to five days after receipt of payment for the selected payment method.
8. Defective Goods
Customers have to inform us in writing within two weeks as soon as an obvious defect in the goods has been detected. Receipt of the notification is decisive for observance of this deadline. The liability for defects is excluded if the customer was aware of the defect on concluding the contract or if he was not aware of it due to gross negligence. This does not apply in the case of malice on the part of the Aachener Reitturnier GmbH.
Furthermore, the legal regulations regarding liability for defects apply.
9. Limitation of Liability
The Aachener Reitturnier GmbH is only liable for gross negligence or deliberate intent in accordance with the legal regulations. This does not apply in the event of a slightly negligent violation of essential contractual obligations. An essential contractual obligation is considered to an obligation, the fulfilment of which is necessary for the proper performance of the contract and on the fulfilment of which the contract partner can regularly and justifiably rely. Depending on the type of goods, in the case of a slightly negligent violation of essential contractual obligations, the liability of the Aachener Reitturnier GmbH is limited to reasonably foreseeable average damages typical for the contract. The liability according to section 1 is however, limited to the amount of double the value of the respective price of the goods. This also applies for slightly negligent violations of obligations of the legal representatives or vicarious agents of the Aachener Reitturnier GmbH.
The stated limitations of liability do not affect the claims of the customer arising from product liability.
Furthermore, the limitations of liability do not apply for damages to body or health or in the event of the customer’s loss of life that are attributable to the Aachener Reitturnier GmbH.
10. Applicable Law and Place of Jurisdiction
German law applies under the exclusion of the UN Sales Convention (SISG). For customers resident outside of the Federal Republic of Germany, the headquarters of Aachener Reitturnier GmbH in Aachen (Germany) is agreed to be the place of jurisdiction.
Aachen, June 25th , 2020
Aachener Reitturnier GmbH