Terms and conditions
§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of KREŽ, s.r.o., SNP 89/175, 06101 Spišská Stará Ves (hereinafter referred to as "Seller"), concerning the online shop www.agave9.com and all sub-domains belonging to the domain. domains. Deviating provisions of the customer do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is English.
(4) Jurisdiction is Spišská Stará Ves, Slovakia, as far as the customer is a merchant or a legal entity under public law or public law special fund. The same applies if a customer does not have a general place of jurisdiction in Slovakia or the place of residence or habitual residence is not known at the time the complaint is filed.
(5) We deliver to the following countries: all European union member countries
(6) Customers have the opportunity to use an alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information on online dispute resolution and serves as the central point of contact for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
§ 2 Contract contents and conclusion of contract
(1) The seller offers customers in the online shop www.agave9.com new goods, especially energy gels/nutrition, for sale.
(2) When purchasing in the online shop, a purchase contract comes about through the acceptance of the customer's order by the seller. Price awards in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
The customer also has the option to ask the seller for a specific item by phone, e-mail or letter. Upon receipt of such request, the seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The contract text is saved. He is not accessible to the customer.
The buyer can access the contract text at https://www.agave9.com/en/my-account/.
§ 3 Prices, shipping, sales tax and payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal VAT.
(2) The prices are plus shipping and packaging costs, which will be announced to the customer before placing the order. The amount of the shipping costs depends on the weight and the dimensions of the goods and on the desired destination: see www.agave9.com/en/shippingcosts
(3) The delivery of the customer by the seller is made according to the customer's request against the following payment methods: prepayment (by bank transfer, by Paypal, credit card payment),.
If the customer chooses advance payment by bank transfer, the payment is due no later than 7 calendar days after conclusion of the contract.
(4) If a customer defaults on his payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is given to him on delivery of the goods or otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) The ordered goods, unless otherwise agreed in the contract, are delivered to the address specified by the customer. Delivery is directly from the manufacturer.
(2) The availability of the individual goods is indicated in the article descriptions. The seller will ship the goods existing in the warehouse, unless explicitly agreed otherwise, within 3-5 working days after instruction of the payment (in advance by bank transfer: within 3-5 working days after receipt of payment). If the goods are marked as out of stock when sold via the online shop, the seller will endeavor to ensure the fastest possible delivery. Information provided by the seller on the delivery date is not binding, unless the delivery date has been bindingly agreed by the seller as an exception.
(3) The seller reserves the right to make a partial delivery, if this seems advantageous for a speedy settlement and the part delivery for the customer is not exceptionally unacceptable. Additional costs resulting from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to dissolve the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is completely or partially omitted. This self-supply reservation only applies if the seller is not responsible for the non-delivery. The seller is not responsible for the absence of the service if a so-called congruent hedging transaction has been concluded in good time with the supplier in order to fulfill the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately about this fact and refund an already paid purchase price and shipping costs. The risk of accidental loss and accidental deterioration of the goods passes to the transfer to the customer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarding agent, the carrier or the person designated to carry out the shipment.
§ 5 Retention of title
The delivered goods remain the property of the seller until all claims under the contract have been fulfilled. In the event that the customer is a legal person of public law, a public special estate or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond the current business relationship until the settlement of all claims related to the seller to be entitled to the contract.
§ 6 Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
(1) Insofar as defects exist, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller.
Instructions for proper treatment, the customer can refer to the manufacturer's descriptions.
(3) Defects must be notified by the customer within a warranty period of two years for new items and one year for used items to the seller.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages of the customer, which are directed to the replacement of a body or health damage due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault of the seller or his vicarious agents.
The above foreshortenings do not apply to defects in a structure or thing that has been used for a structure in accordance with its normal use and has caused its defectiveness. The above foreshortening also does not apply if the seller has fraudulently concealed a defect or a guarantee for the condition of the goods, and not for claims for damages of the customer, directed to the replacement of a physical or health damage due to a defect for which the seller is responsible or the are based on intentional or grossly negligent fault of the seller or his vicarious agents.
(4) If there are defects and these have been asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
§ 8 Information obligations in the case of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer shall immediately claim this without prejudice to its warranty rights (§ 7) to the carrier / freight service and immediately by e-mail or otherwise (fax / mail) with the seller Contact him so that he can protect any rights to the carrier / freight service.
§ 9 Disclaimer
(1) Outside the liability for material and legal defects, the seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence. He is also liable for the slightly negligent violation of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (duties whose fulfillment makes the proper execution of the contract in the first place and on whose compliance the customer regularly trusts) , but only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of duties other than those listed above.
(2) The limitations of liability of the preceding paragraph do not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must inform us KREŽ, sro, SNP 89/175, 06101 Spišská Stará Ves, firstname.lastname@example.org by means of a clear statement (eg a letter sent by post or e-mail) of your decision, to revoke this contract. You can use the attached model withdrawal form, which is not required.
You can also electronically complete and submit the Model Revocation Form or any other unequivocal statement on our website at www.agave9.com. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. 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.
You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract to us or return. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
If you want to revoke the contract, please fill out this form and send it back to us:
KREŽ, s.r.o., SNP 89/175, 06101 Spišská Stará Ves, email@example.com:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*).....................................
Ordered on (*) / received on (*)......................
Name of the consumer (s) ...........................
Address of the consumer (s) ...........................
Signature of the consumer (s) (only when notified on paper)...........................
(*) Delete as appropriate.