GENERAL TERMS AND CONDITIONS OF BUSINESS
The following General Terms and Conditions of Business also contain legal information regarding your rights under the regulations governing contracts for distance selling and electronic commerce.
1. Scope of application
(1) These General Terms and Conditions ("GTC") shall apply to legal and business relations arising in connection with offers, orders and deliveries of goods ("Articles") from the Online-Fanshop ("Online-Fanshop") operated by Aachener Reitturnier GmbH (legally represented by the Managing Director Dipl.-Kfm. Michael Mronz, Albert-Servais-Allee 50, 52070 Aachen, Commercial Register: AG Aachen HRB 1201, hereinafter referred to as "Aachener Reitturnier GmbH") between Aachener Reitturnier GmbH and a customer ("Customer").
(2) The Aachener Reitturnier GmbH sells articles from the Online-Fanshop only to end consumers, regularly consumers in the sense of § 13 BGB (German Civil Code), in quantities customary for households.
2. Offer and conclusion of contract
(1) The presentation of the articles offered in the Online-Fanshop does not constitute a legally binding offer. It is only an invitation to the customer to submit an offer. Errors in the presentation of the articles cannot be completely excluded by Aachener Reitturnier GmbH.
(2) By clicking the button [Confirm Order] on the order page by the customer, the customer submits a legally binding offer for the articles listed there. The customer first receives an automatic confirmation of receipt of his offer by e-mail. The confirmation of receipt merely documents that the customer's order has been received; it does not constitute acceptance of the offer. The binding contract shall only be concluded upon express confirmation of the order by Aachener Reitturnier GmbH, at the latest, however, upon delivery of the ordered articles.
(3) During the tournament time (to be viewed at www.chioaachen.de), the availability of the articles cannot be guaranteed due to the high demand. Orders received during the tournament time can possibly only be processed after completion.
3. Right of withdrawal
Consumers have a 14-day right of withdrawal. This does not apply to deliveries to customers outside the territory of the European Union.
Cancellation policy (according to article 246a § 1 Abs. 2 S. 2 EGBGB, attachment 1)
Right of withdrawal
You have the right to revoke a contract concluded via the Online-Fanshop within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of revocation, you must send us
Aachener Reitturnier GmbH,
legally represented by the managing director
Dipl.-Kfm. Michael Mronz
Tel: (+49) 241-889 27 162
by means of a clear declaration (e.g. a letter sent by mail or an e-mail) about your decision to revoke the contract. For this purpose, you can use the sample revocation form attached under [https://shop.chioaachen.de/Widerruf_1], which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
End of the cancellation policy
The right of withdrawal does not apply to the delivery of goods that have been manufactured according to customer specifications or clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.
4. Prices and shipping costs
(1) The prices listed in the application at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable German statutory value-added tax and other price components. The Aachener Reitturnier GmbH reserves the right to make price changes before an order is placed and to limit or terminate special offers or discounts at any time.
(2) The Aachener Reitturnier GmbH is entitled to charge shipping costs. The shipping costs vary depending on the article and shipping method and will be invoiced separately, broken down by article and added to the total amount of the order.
5. Method of payment, invoice
(1) Information on the available payment methods is available to the customer under the following link https://shop.chioaachen.de/Zahlung_1.
(2) Aachener Reitturnier GmbH reserves the right to exclude certain payment methods in individual cases. Any additional costs arising from a payment from abroad shall be borne by the customer without exception and in full. Payment by sending cash or checks is not possible.
(3) Insofar as Aachener Reitturnier GmbH is obliged by its own choice or by law to issue or make available invoices, Aachener Reitturnier GmbH reserves the right to issue or make available electronic invoices. The customer agrees to this form of invoicing.
6. Default of payment
All invoices are due for payment immediately and are to be paid without deduction. If payment is not made on time, default in payment shall occur without the need for a reminder. If no specific date of payment is determined according to the calendar, if the customer is in default of payment or if there is a return debit note, the Aachener Reitturnier GmbH reserves the right to claim damages for default (e.g. collection, reminder, lawyer and chargeback fees as well as interest on arrears). The right of Aachener Reitturnier GmbH to withdraw from the contract and to demand the return of the delivered articles shall remain unaffected.
7. Retention of title
The goods shall remain the property of the Aachener Reitturnier GmbH until the purchase price and the shipping costs have been paid in full.
(1) Aachener Reitturnier GmbH shall be free to choose the shipping company.
(2) The goods shall be dispatched regularly within two to four days after receipt of payment. All delivery times are approximate and therefore not to be regarded as final deadlines or dates. The fact alone that the delivery time has been exceeded does not entitle the customer to compensation.
(3) Aachener Reitturnier GmbH is entitled to make partial deliveries as long as this is reasonable for the customer.
9. Protection and use of the articles
(1) All logos, photographs and other images in the online fan store are protected by trademark law or copyright. Any use without the consent of Aachener Reitturnier GmbH, in particular the unauthorized download of images, is prohibited and will be prosecuted under civil or criminal law.
(2) The use of all articles and offers from the Online-Fanshop is exclusively for private, non-commercial use by the customer; any commercial resale of the articles by the customer is generally prohibited. In particular, the customer is prohibited from using or allowing the use of articles commercially without the express prior written consent of Aachener Reitturnier GmbH, in particular for purposes of advertising, marketing, as a bonus, as a promotional gift, as a prize or as part of an unauthorized hospitality or travel package.
Liability for defects shall be in accordance with the statutory provisions.
11. Limitation of liability
The Aachener Reitturnier GmbH shall only be liable in case of gross negligence or wilful misconduct in accordance with the statutory provisions. This does not apply if essential contractual obligations are violated due to slight negligence. An essential contractual obligation is understood to be an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely. In the event of a slightly negligent breach of essential contractual obligations, the liability of Aachener Reitturnier GmbH shall be limited to the foreseeable, contract-typical, direct average damage. However, the liability according to sentence 1 is limited to twice the respective price of the goods. This shall also apply to slightly negligent breaches of duty by the legal representatives or vicarious agents of Aachener Reitturnier GmbH. The foreseen limitations of liability do not apply to the customer's claims arising from product liability. Furthermore, the limitations of liability shall not apply to bodily injury or damage to health attributable to Aachener Reitturnier GmbH or in the event of loss of life of the customer.
For questions, complaints and objections you can reach us during our business hours under the telephone number (+49) 241-889 27 162 as well as by e-mail firstname.lastname@example.org.
13. Applicable law and place of jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For customers residing outside the territory of the Federal Republic of Germany, the place of jurisdiction shall be Aachen (Germany) at the registered office of Aachener Reitturnier GmbH.
(2) For delivery, performance and payment, the registered office of Aachener Reitturnier GmbH shall be the sole place of performance (Aachen).
14. Dispute resolution
Possibility & information for online dispute resolution can be found by the customer at: http://ec.europa.eu/consumers/odr/ . Aachener Reitturnier GmbH has decided not to participate in such a dispute resolution procedure.
15. Additions and changes
In the event of a change in the market conditions and/or the legal situation and/or the supreme court rulings, Aachener Reitturnier GmbH shall be entitled to supplement and/or amend these General Terms and Conditions and/or the respective valid price list with a notice period of six (6) weeks in advance, provided that this is reasonable for the customer. The respective amendments shall be notified to the Customer, insofar as they legally affect the Customer, in writing or - if the Customer has agreed to this form of correspondence - by e-mail. The amendments and/or changes shall be deemed to have been approved if the customer has not objected to them in writing or by e-mail within a period of six (6) weeks after receipt of the amendments and/or changes, provided that Aachener Reitturnier GmbH has expressly pointed out this fiction of approval. Any objection by the customer shall be sent to the contact address stated in clause 12 of these General Terms and Conditions.
16. final clause
Should individual clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. In this case, the customer and Aachener Reitturnier GmbH undertake to negotiate in good faith to replace the respective clause by a clause which comes closest to the intention of the parties in economic and legal terms at the time of conclusion of the contract. The same shall apply to gaps within these General Terms and Conditions.
Aachen, May 2022
Aachener Reitturnier GmbH