Following general terms are valid for all contracts, deliveries and other services. We contradict differing rules of the contracting party with that expressly. All secondary agreements need the written confirmation for our part.
The contract under inclusion these general terms between the buyer and the asita-toys is achieved through a telephone, written and/or within the Internet-Shop through a form-based order. The buyer is agreed that a confirmation of order does not have to occur.
asita-toys is at any time entitled, to change these general business conditions including all possible enclosures with an adequate period of notice or complement. Tasks coming in before are processed after the still valid old General business conditions.
Our offers are not binding. Deviations and technical changes opposite our illustrations or descriptions are possible. The respective catalog loses with appearance of a reissue his validity. Error reserved
(1) The Delivery and Payment Conditions are asita-toys in the order form nearer expelled. All our prices contain the legal value added tax. It keeps on being reserved, to carry out a partial delivery provided that this appears useful for a speedy handling. Special dispatching forms wanted by our customers are calculated with surcharge customary at a place.
(2) Our Prices are fundamentally the prices mentioned to the ordering-time on our web page. Differing prices which are represented possibly on pages which are loaded from buffers (Browser-cache, Proxies) are not current and invalid. Already in the market basket buffered articles should not be according to the actual order more available, if the customer is informed immediately by mail. We reserve price corrections of typographical errors or errors in calculation. Our prices are valid provided that something other is not in writing expressly arranged, from dispatch place excluding packaging or freight. The customer bears packaging and dispatch costs according to shipping notes table.
(3) prices of products that are marked as a pre-announcement are based on not binding information of suppliers or manufacturers and can change themselves up to the appearance of the product. Canceled products can be ordered for the indicated price. asita-toys can assure with pre-announcements neither the price the appearance deadline still the appearance. In the case of changes setting in consultation will hold asita-toys with the customer before carrying out of the task. If the customer with the changes should not agree agreed, the task is not carried out.
(4) packaging is estimated property of the customer and of asita-toys in the shipping notes.
(5) shipping notes are dependent on the method of delivery, the payment type, the weight and the dispatch destination. They are calculated before an online-order in the market basket and expelled or named with orders by phone and expelled on the bill separately. The choice of the delivery method occurs within the framework of the permissible possibilities after best discretion.
(6) In the Case of partial deliveries,arranged or offered through asita-toys, subsequent deliveries occur shipping notes freely. With specific customer requirements for the distribution of the delivery, the shipping notes are estimated for every partial delivery additional. An overview of the different dispatch and payment possibilities as well as the corresponding basic prices is on our web site published.
(1) product, that is at the warehouse (we are not liable for transport problems) comes within of 2 to 3 days to the dispatch. If the product is not in stock in the time of order, we make an effort for extremely fast delivery. Delays should occur according to an order, the customer is informed of that automatically by e-mail and it has at any time the right before delivery resigning from his order in a clear of all charges way and/or making changes provided that nothing other was arranged.
(2) If the noncompliance of a delivering or achievement period of time is to be put down to force majeure, labor struggle, unforeseeable obstacles or other circumstances not to be represented by us, the period of time is prolonged adequately. At noncompliance of the delivery period from other than above mentioned reasons the buyer is entitles, to put an adequate extension with refusal threat in writing and to resign from the contract after their unsuccessful course with regard to the delivery contained in the contract or achievement.
(3) the impossibility of the delivery Is Based on inability of the manufacturer or our subcontractor, so both we and the buyer can resign from the contract provided that the agreed delivery date is exceeded around more than 2 months.
(4) claims for compensation because of delay or impossibility and/or non-fulfilment, also such that arose up to resignation of the contract are impossible. Unless that a legal representative of the company astia-toys deliberately or coarsely acted negligently.
(1) the customer Gets the product from asita-toys off in the premises, the danger of the accidental fall or the accidental harm with the delivery of the product passes onto the customer. Otherwise the danger passes onto the customer as soon as the product was handed over to the customer through the charged transportation company.
(2) The Guarantee begins with the delivery of the product and follows the legal regulations. In the case of arrival the customer has to examine the product for shortcomings and state immediately. Obvious shortcomings of the product or achievement of asita-toys must immediate, at the latest within 14 days according to receipt of the product, to be registered in writing. If the shortcomings are not indicated in time, the product is regarded as being approved. In this way the corresponding guarantee rights of the customer go out.
(3) Our Warranty Duty is valid according to the manufacturer's specifications normally 24 months from purchase date (for or EU). If shortcomings which are subjected to the legal warranty duty should occur within this period of time at the supplied product, you write please at first an e-mail info@asita-toys.com. We discuss thenwith you, how we can get the best solution.
Since already many manufacturers offer a direct guarantee-service, the entry to us would slow down the process only unnecessarily in such cases. Because this depends on the respective product, you should contact us before a return always.
Provided that the buyer is an industrial customer, the limitation period is for the warranty claims one year.
(4) asita-toys takes over no guarantee for the usual wear of the product as well as shortcomings that arise through faulty or careless treatment or service and/or extraordinary operating conditions.
(5) repairs or changes of the customer or of third persons without written consent become of carried out on the delivering-object asita-toys, so every guarantee goes out. Sentence1 is not valid, if the customer proves undoubtedly that the shortcomings standing in speech were not caused by the changes carried out by it or the third party.
(6) asita-toys guaranteed that the sold product is free from material and manufacture mistakes at the moment of the danger crossing and has the properties by contract assured. Construction and form changes that are to be put down to the improvement of the technique and/or to demands of the legislator keep on during the delivery time being reserved, provided that the delivering-object is not considerable changed and the changes for the customers reasonable are.
(7) In the Case of complaints the purchase date with a bill must be proved. The complained article must be sent in together with a copy of the bill, sufficiently stamped. asita-toys has the right to free repair at a later stage during the warranty duty. A partial or complete exchange of the article is permissible. If shortcomings are not repaired within adequate period of time, the buyer has claim to transformation or decrease. It is meant for § 476a BGB.
(1) The following liability restrictions are not valid for damages that are based on intention or coarse negligence as well as for injuries of the life, the body or the health.
(2) claims for compensation are Independent of the right reason both against restricted on those damages asita-toys as also their fulfillment or performance assistants according to the height, with whose possible entry had to reckon asita-toys at contract conclusion sensibly. Provided that the damage does not result from the injury of an essential contract duty, the compensation is restricted, however, to the tenfold amount of the order value at most.
(3) For construction, passport accuracy and color, as well as changes in the carrying out we can not take over any liability unfortunately. Articles that was made of wood are subjected to the natural change of the material, also the grain and/or color is not influenceable and therefore no query reason. All article-specific information and figures are understood from manufacturer's specifications. For contents and correctness no guarantee exists.
(1) So Far differently not agreed, the bills of asita-toys immediately are due without withdrawal.
(2) The Customer has the choice from different payment types that are offered dependently on the ordering-sum, the delivery type and the dispatch objective.The different possibilities stand in the market basket for the selection. The payment by bank entry is for the first delivery possible, unfortunately only up to a purchase order value of euro 90,-. Payments by bank entry are unfortunately possible only within . In following EU-countries is unfortunately no payment cash on delivery possible: , , &
(3) asita-toys reserves to carry out the task through credit institutions or providers of the respective payment type in individual cases or with refusal of the payment only against payment cash on delivery or cash in advance. In This Case the customer can accept this or resign from his order.
(4) costs that arise through moving-booking of a payment transaction for lack of cover or due to data wrongly sent by the customer are loaded the customer.
(5) Bills or checks are not accepted as means of payment.
(6) the paying-kind Becomes elected to cash in advance is to be guaranteed in the case of transfers from the exterior, that all pending bank fees are taken over through the buyer (all charges paid by ordering customer).
(7) a payment should not have been credited with cash in advance and "PayPal" within 10 days on our account, the order is canceled and possible already reserved product is booked again into the available supply. If a longer transfer duration should be necessary (for example transfers from the exterior), this is to be informed of so with the order.
(8) In the Case of default it is asita-toys entitled to calculate minimum lending rate connection law according to delay interests at the level of 15 percent p.a.
(9) The Set-Off is except for at of asita-toys acknowledged or legally found counterclaims not permissible. To stop payments through the buyer because of counter-claims from other contractual relationships is impossible.
All of asita-toys supplied product stays up to the complete payment and compensation of all claims from the property business detail asita-toys. This is valid also for conditional demands.
Provided that the customer is entrepreneur, the following regulations are valid furthermore: An access of a third party onto those in the property or co-ownership of goods standing asita-toys is to be shown to from the customer immediately. The customer bears costs arising through such interventions for a third contradiction complaint or costs for an non legal action releasing. The demands arising from resale or other reason concerning the reservation product (including all balance demands from current account) kicks the customer already protection-half in full extent at asita-toys off. We authorize the buyer/customer revocably to pull in the demands handed over to us for his bill and in his own name. This direct debit mandate can be revoked if the buyer/customer does not follow his bills of debt properly.
to the order
(1) essential deteriorations Set In in the property relations of the customer, to establish the doubts about his solvency, is asita-toys entitled, to resign from the contract or to keep their deliveries and services back and the buyer an adequate period of time for the achievement of advance payments or the position of securities to put. After this period of time is entitled to the resignation by the contract asita-toys.
(2) The Customer has the right, to resign from the purchase at the moment of the delivery of the ordered product provided that something other is not in writing arranged at any time to. A reason for the resignation is not necessary.
This entire stipulation is valid only for consumers, that is every natural person who finishes a right business for a purpose which can not be assigned either to their industrial one or to their independent professional activity:
Withdrawal right
They can revoke your contract declaration within two weeks without specification of reasons in text form (for example letter, fax, EMail) or through return of the thing. The period of time begins at the earliest with receipt of this training. For the protection of the withdrawal period of time the punctual dispatch of the withdrawal or the thing suffices. The withdrawal is to be addressed to:
asita-toys e.K. Inh. Stephan Cornelius Knakenhof 20, 22962 Siek
Withdrawal consequences
In the case of an effective withdrawal the on both sides received services are back give. You can give us the received achievement very or in part not or only in worsened state back, you must achieve us value substitute in this respect where appropriate. With the surrender of things this is not valid if the deterioration of the thing is to be put down to their examination exclusively - how it would have been possible to you for instance in the shop. By the way you can avoid the value substitute duty when you do not take the thing in use as an owner and refrain from all which influences their value. In the case of a return from a goods delivery that up to in total 40 euros purchase order value is you have to bear the costs of the return if the supplied product of the ordered ones corresponds. Otherwise the return is clear of all charges for you. Things not able to be shipped are fetched with you.
Special tips
Audio or video recordings or software can only in sealed state, hardware which sealed software is enclosed in can be returned only with sealed software. You do not return the program as a restricted parcel program please - the postal charges for a normal parcel are refunded with the possible already preserved invoice amount.
(1) The Customer authorizes asita-toys and is so that understood to process the data preserved in connection with the business relation about the customers in the sense of the data protection laws to store and to evaluate.
(2) asita-toys stores and uses the personal data of the customer to the handling of the tasks and possible complaints. The e-mail address of the customer is useful asita-toys only for information writings for the tasks and, if of the customer wanted, for own news character.
(3) asita-toys does not pass on any personal customer data to third party. Excluded of that service partners that require the transmission of data for the order handling are. The extent of the sent data restricts itself in these cases, however, onto the necessary minimum.
(4) The Customer has a right to information as well as a right to adjustment, blocking and deletion of his stored data.
(1) These General Business Conditions contain all rights and duties of the contracting parties. Needing other agreements or will declarations of the contracting parties for their right effectiveness of the writing. This is valid also for a change of the writing requirement.
(2) venue is the seat of asita-toys so far are possible for venue agreements.
(3) the buyer Does Not Have any general venue at home or if he moves his residence or usual whereabouts from the area of application of the Federal Republic of Germany after contract conclusion, our place of business is venue. This is valid also if residence or usual stay of the buyer in the time of the bringing of an action are not known.
(4) The Business Relations between asita-toys and by the orderer are defeated the right of the Federal Republic of Germany. The regulations of the Viennese UN-accord of the 11th April 1980 about contracts about the international product purchase are not used no.
(5) one of these regulations Should be ineffective, so the effectiveness of the remaining regulations is not affected by that. Ineffective regulations are replaced by such effective regulations which achieve the targeted economical purpose to a large extent.
