Table of Contents

    1. Scope & Definitions
    2. Offers and Service Descriptions
    3. Order process and conclusion of contract
    4. Prices, Shipping Costs & Returns
    5. Delivery, Product Availability
    6. Payment Terms
    7. Retention of Title
    8. Customer Account
    9. Warranty for Defects and Guarantee
    10. Liability
    11. Storage of the Contract Text
    12. Final Provisions

 

  1. Scope & Definitions
    • The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between
    • Event-Automaten

      Mr. Muhammed Bozat
      Haus-Knipp-Str. 25
      47139 Duisburg

      (hereinafter “Seller”) and the customer (hereinafter “Customer”).
    • For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.
    • Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
  2. Offers and service descriptions
    • The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogs and on the seller’s websites do not constitute a guarantee or warranty.
    • All offers are valid “while stocks last,” unless otherwise stated with the product. Errors and omissions excepted.
  3. Ordering Process and Contract Conclusion
    • The customer can select products from the seller’s range without obligation and add them to a virtual shopping cart by clicking the [Add to Cart] button. Within the shopping cart, the product selection can be modified, e.g., items can be deleted. The customer can then proceed to checkout by selecting the following buttons within the shopping cart: [Proceed to Checkout], [PayPal], [Pay Later], [Klarna], [Buy with Apple Pay], or [Pay with Google Pay].
    • Next, the customer can create a customer account by clicking the [Register Here] button or log in to their existing account by clicking the [Proceed to Checkout] button.
    • By clicking the [Place Order] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can review and change their information at any time, return to the shopping cart using the browser’s “back” function, or cancel the order entirely. Required fields are marked with an asterisk (*).
    • The seller will then send the customer an automatic order confirmation by email, which lists the customer’s order details and can be printed using the “Print” function. The automatic order confirmation merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase agreement is only concluded when the seller ships or delivers the ordered product to the customer within two days, or confirms shipment to the customer within two days via a second email, express order confirmation, or by sending the invoice. Acceptance can also occur through a payment request sent by the seller to the customer and, at the latest, upon completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance date is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.
    • For business customers, the aforementioned period for shipment, delivery, or order confirmation is seven days instead of two.
    • If the seller offers prepayment, the contract is concluded upon provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, despite being due and a reminder being sent, the seller will withdraw from the contract. As a result, the order will be cancelled and the seller will have no obligation to deliver. The order will then be considered complete for both the buyer and seller without further consequences. Therefore, items are reserved for a maximum of 10 calendar days for orders paid in advance.
  4. Prices and Shipping Costs
    • All prices listed on the seller’s website include the applicable statutory value-added tax (VAT).
    • In addition to the listed prices, the seller charges
    • The buyer is responsible for shipping or freight costs. These costs are clearly communicated to the buyer on a separate information page and during the ordering process.
    • Unless otherwise agreed, the buyer is responsible for return shipping costs in all cases.
  5. Delivery, Product Availability
    • If prepayment has been agreed upon, delivery will take place after receipt of the invoice amount.
    • If delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer immediately.
    • If the ordered product is unavailable because the seller is not supplied with this product by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, offer delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any payments already made by the customer.
    • Customers are informed about delivery times and restrictions (e.g., deliveries limited to certain countries) on a separate information page or within the respective product description.
    • For business customers, the risk of accidental loss or damage to the goods passes to the buyer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. Unless otherwise agreed, the stated delivery dates and deadlines are not binding.
    • The seller is not liable to business customers for delays in delivery or performance due to force majeure or unforeseen events that significantly impede or prevent delivery, even if delivery dates and deadlines have been contractually agreed upon. In such cases, the seller is entitled to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period. The right to postpone delivery also applies to customers who are businesses in cases of unforeseen events affecting the operations of a supplier that are beyond the control of either the supplier or the seller. During the duration of such disruption, the customer is also released from their contractual obligations, particularly the obligation to pay. If the delay is unreasonable for the customer, they may, after setting a reasonable deadline or after mutual agreement with the seller, withdraw from the contract by written notice.
    • In the event of insurance claims for transport damage, the carrier’s insurance company is liable. In this case, the customer must contact the carrier’s insurance company.
    • Before accepting the goods, the customer should inspect them for any transport damage. In the event of transport damage, the customer should request that the carrier note the damage on the waybill or otherwise document it in writing. If the customer neglects these steps, the carrier’s insurance company may refuse liability.
  6. Payment Terms
    • The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
    • If payment by invoice is possible, payment is due within 30 days of receiving the goods and the invoice. For all other payment methods, payment is due in advance without deduction.
    • If third-party providers are commissioned to process payments, e.g., PayPal, their terms and conditions apply.
    • If the payment due date is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer is obligated to pay statutory default interest. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages for default.
    • The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
  7. Retention of Title
    • The delivered goods remain the property of the seller until full payment has been received.
    • For business customers, the following also applies:
    • The seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. The buyer is obligated to
    • Until ownership has passed to the buyer, the goods must be treated with care. In particular, the buyer is obligated to insure them adequately against theft, fire, and water damage at their own expense, provided such insurance is appropriate or customary in the industry, for their full replacement value. If maintenance or inspection work is required, the buyer must carry it out promptly at their own expense. Any processing or transformation of the goods subject to retention of title by the buyer is always carried out on behalf of the seller.
    • If the goods subject to retention of title are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title relative to the other processed items at the time of processing. The same provisions apply to the item created through processing as to the goods subject to retention of title.
    • The buyer also assigns to the seller, as security for any claims against the seller, any claims against third parties arising from the incorporation of the goods subject to retention of title into real property. The buyer must immediately notify the seller of any third-party claims against goods owned or co-owned by the seller. The customer shall bear any costs incurred as a result of such interventions, including those for third-party objection proceedings or out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller, as security, all claims arising from the resale or any other legal basis relating to the goods subject to retention of title (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller on the seller’s behalf and in the customer’s own name. This authorization to collect may be revoked if the customer fails to meet its payment obligations. The seller undertakes to release the securities to which it is entitled at the customer’s request if their total resale value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of realization). The selection of the securities to be released is at the seller’s discretion.
    • The seller is responsible for selecting the securities to be released. Upon full payment of all the seller’s claims arising from deliveries, ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The seller shall have the right to select which securities are to be released.
  8. Customer Account
    • To place an order, customers must create a customer account. Guest orders are not possible. Within the customer account, customers will have access to information about their orders and their customer data stored by the seller. The information stored in the customer account is not public.
    • Customers are obligated to provide truthful information in their customer account and to update this information as necessary to reflect changes in their circumstances (e.g., a changed email address in case of a change of address or a changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
    • The customer account may only be used in accordance with applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller’s General Terms and Conditions, using the access forms and other technical access options provided by the seller. Any other use, particularly by external software such as bots or crawlers, is prohibited.
    • Customers are responsible for any content or information (hereinafter referred to as “Content”) they store, provide, or otherwise post within their customer account. The seller does not adopt the customer’s Content as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the Content, particularly the risk to third parties. These measures, which must comply with the criteria of necessity, appropriateness, diligence, objectivity, and reasonableness, as well as the interests of all parties involved, especially the fundamental rights of customers, may include the (partial) deletion of Content, requests for action and explanation, warnings and formal notices, and bans from the premises.
    • Customers may terminate their customer account at any time. The seller may also terminate the customer account at any time with reasonable notice, which is generally two weeks. Termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.
    • From the moment of cancellation, the customer account and the information stored in the customer account will no longer be available to the customer. It is the customer’s responsibility to ensure that…
    • Please ensure that your data is backed up when you terminate your customer account.
  9. Warranty for Defects and Guarantee
    • The warranty (liability for defects) is governed by statutory regulations, subject to the following provisions.
    • A guarantee for the goods supplied by the seller exists only if it has been expressly given. Customers are informed about the guarantee conditions before the order process begins.
    • If the customer is a business, they must inspect the goods immediately upon receipt, without prejudice to statutory obligations to give notice of defects, and notify the supplier of any apparent defects in writing without delay after delivery. Defects that are not immediately apparent must be reported within two weeks of delivery. Minor deviations in quality, weight, size, thickness, width, finish, pattern, and color that are customary in the trade, permissible according to quality standards, or acceptable do not constitute defects.
    • If the customer is a business, the seller has the option of either repairing or replacing defective goods.
    • Notwithstanding the liability provisions of these Terms and Conditions, claims for defects in goods generally expire one year after the transfer of risk for customers who are businesses, unless longer periods are mandatory by law, particularly in the case of special provisions for recourse by businesses. For used goods, the warranty is excluded for customers who are businesses.
    • If a customer who is a business has incorporated or attached the defective item, as defined in Section 439 Paragraph 3 of the German Civil Code (BGB), into another item in accordance with its nature and intended use, the seller is not obligated, unless expressly agreed otherwise and without prejudice to other warranty obligations, to reimburse the customer for the necessary expenses incurred in removing the defective item and installing or attaching the repaired or delivered non-defective item as part of the supplementary performance. Accordingly, the seller is not obligated to reimburse expenses incurred by the customer for removing the defective item and installing or attaching the repaired or replacement item within the supply chain (i.e., between the customer and its customers).
  10. Liability
    • The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding any other statutory requirements for claims.
    • The seller is liable without limitation to the extent that the cause of the damage is based on intent or gross negligence.
    • Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper performance of the contract and on which the customer regularly relies. In this case, however, the seller is only liable for foreseeable damages typical of this type of contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
    • The foregoing limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
    • To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
  11. Storage of the Contract Text
    • The customer can print the contract text before submitting the order to the seller by using their browser’s print function in the final step of the ordering process.
    • The seller will also send the customer an order confirmation with all order details to the email address provided. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, the cancellation policy, and information on shipping costs, delivery, and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. We also store the contract text, but do not make it publicly accessible online.
    • Customers who are businesses can receive the contract documents by email, in writing, or via a link to an online source.
  12. Final Provisions
      • If the buyer is a business, the place of performance is, subject to other agreements or mandatory legal provisions, the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller’s country of registered office. The seller reserves the right to designate a different place of jurisdiction.
      • The choice of jurisdiction remains reserved.
      • In the case of businesses, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory legal provisions stipulate otherwise.
      • The contract language is German.
      • The European Commission’s online dispute resolution (ODR) platform for consumers can be accessed via the following link: http://ec.europa.eu/consumers/odr/.