TERMS AND CONDITIONS
Asphaltgold GmbH & Co. KG
Heidelberger Straße 129 ½
Tel: +49 (0)6151 – 62 92 10
Fax: +49 (0)6151 – 62 92 121
VAT ID: DE301337971
1. SCOPE OF APPLICATION
1.1. The business transaction and delivery are conducted exclusively in accordance with the following Terms and Conditions.
1.2. Provisions on behalf of the ordering party that contradict or deviate from the following Terms and Conditions shall not apply.
1.3. Stated deadlines that include business days refer to all weekdays excluding Saturdays, Sundays and German bank holidays.
2. ACCESS TO THE CONTRACT TEXT AND THE TERMS AND CONDITIONS
2.1. We keep the contract text on file and send you the order data by email. Orders can be viewed in your account provided you have created one. If you have not created an account, you will not be able to retrieve them on the Internet for security reasons.
2.2. You can view, print and save the Terms and Conditions. Use the save and print functions of your Internet browser (e.g. File > Save as or e.g. File > Save Page As).
3. CONTRACT CONCLUSION / DELIVERY PROVISIONS
3.1. The products displayed on the ASPHALTGOLD.de online store do not represent a legally binding offer but a non-binding online catalogue. By clicking «Buy Now!» at the end of the order process you are making a legally binding purchase of the merchandise in your shopping cart. After this, ASPHALTGOLD sends an order confirmation via email. This email is not an acceptance and does not conclude a contract. A contract is considered as concluded with the delivery confirmation/shipping confirmation via email by ASPHALTGOLD. Solely the products listet in this email are part of the sales contract.
3.2. Our online database is continually updated to ensure the availability of the products offered in the store. ASPHALTGOLD reserves the right to cancel the sales contract if ASPHALTGOLD was not supplied correctly or in due time, is not responsible for the lack of availability in spite of a congruent hedging transaction, and if ASPHALTGOLD did not assume the procurement risk. We are committed to inform you right away in case an item becomes unavailable, in which case we will promptly refund any advance payments made.
4. PAYMENT / PRICES
4.1. The available payment methods can be viewed separately under «Payment & Shipping». We do not accept payment via mailed in cash or cheques.
4.2. You agree to bear the costs in case of charge backs or any other payment cancellations made without your authorisation.
4.3. All prices stated on the asphaltgold.de online store are in euros and include statutory VAT. Shipping and packaging costs are added in accordance with our price list, which you can view under «Payment & Shipping». Potential customs duties incurred by delivery to non-EU countries have to be covered by you.
5. PAYMENT VIA KLARNA
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
5.1. Pay in 14 days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: Germany, Austria and the Netherlands .
5.2. Direct Debit: Available in Germany, Sweden, Austria and the Netherlands. Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
The payment methods Pay in 14 days and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Shipping costs are always kept up to date and can be viewed under a separate page «Shipping Costs». If delivery takes place in partial shipments, we will of course only bill you once.
7. TRANSPORT DAMAGE
ASPHALTGOLD assumes the risk of transport. Please contact us if you receive merchandise that has been damaged during transport. To do so, you can send an email to email@example.com or call us at: +49 (0)6151 – 62 92 10, or send a fax to: +49 (0)6151 – 62 92 121, or stop by our store at Ludwigsplatz 8a in 64283 Darmstadt during our opening hours.
8. WORLDWIDE SHIPPING / CUSTOMS DUTIES
Customs duties generally do not apply to orders within the European Union (EU). Exceptions to this rule are all areas that do not belong to the customs territory of the European Union: prior to buying from our site please inform yourself in regards to the prevailing customs regulations in your area.
Outside of the European Union import taxes and fees are generally charged on items imported from the European Union.
All fees can be raised on imported items by the respective land of destination according to the local prevailing customs regulations. This applies to all items sold from the European Union to a country outside of the European Union. It also applies to all items sold from the European Union to a country within the European Union with special terms in regards to customs regulations.
Tax fees are to be paid by the purchaser himself and the purchaser has to manage all administrative issues himself. This implies collection of the purchased items at the customs office as well as completion of formalities.
More precise information regarding the customs regulations and the respective amount of customs fees are to be inquired at the responsible customs office prior to placing an order.
9. WARRANTY / NOTICE OF DEFECTS
9.1. Statutory warranty rights for merchandise apply.
9.2. Please report obvious defects to ASPHALTGOLD immediately, or at the latest within 2 weeks after delivery using the above mentioned contact methods.
9.3. ASPHALTGOLD strives for customer satisfaction and will thus promptly investigate your claim and get back to you as soon as possible. If you contacted ASPHALTGOLD by email and have not heard back from us within 5 days, we ask you please kindly contact us once more. In rare cases, an email can get caught in a spam filter (on our side or yours) or might not reach ASPHALTGOLD for other reasons. This does not restrict your rights as a consumer.
10. CANCELLATION RIGHT
Consumers within the EU have the right to cancel the contract in accordance with applicable laws, which you can find separately under «Cancellation policy».
If the contractual declaration is revoked, meaning that you will return the merchandise to ASPHALTGOLD, please ensure that you send back the shoes in the same type of packaging you received them in. Box in box – i.e. shoebox in shipping carton. This request however does not represent a mandatory condition to effectively exercise your cancellation right. If your return is free of charge, we will include a return label for you to send back the merchandise free of charge. This request also does not represent a mandatory condition to effectively exercise your cancellation right.
11. RESERVATION OF OWNERSHIP
11.1. We reserve the right of ownership of the purchased item until the invoice amount has been paid in full.
11.2. If you are an entrepreneur performing your commercial or independent business activity, a legal entity under public law or special fund under public law, we reserve the right of ownership of the purchased item until all open claims from the business transaction have been settled. The corresponding security rights are transferable to third parties.
We commit to release the securities we are entitled to on your request, provided that the realisable value of the securities of the ordering party exceeds the claim to be secured by more than 20%. The selection of securities to be released remains at our discretion.
12.1. We carry full liability for damages resulting in injury to life, body or health, warranties for the quality of the purchased item, fraudulent omission of defects and claims in accordance with the product liability laws.
12.2. Notwithstanding anything in Clause 11.1, our liability is excluded for slightly negligent breaches of duties if no essential contractual obligations are affected that enable the proper contract fulfilment in the first place and/or whose violation jeopardises the achievement of the contract’s purpose and which the customer regularly relies on (so-called cardinal duties). This also applies to relevant breaches of duties of our vicarious agents.
12.3. Our liability for slightly negligent breaches of cardinal duties is limited to damage or loss that is reasonably foreseeable during conclusion of the contract.
13. RIGHTS OF USE
13.1. The web page of the online store www.asphaltgold.de as well as its underlying sub-pages and the logos depicted are subject to copyright laws. The images included are in all likelihood protected in accordance with Article 2 Section 5 of the German copyright law, in which they are defined as photographic works or works that have been produced similarly to photographs, or at least in accordance with Article 72 of the German copyright law as photographic images or works that have been produced similarly to photographic images.
ASPHALTGOLD holds the exclusive rights of use for them.
13.2. Publications, reproductions and distributions that are based on the protected intellectual property are only permitted with express written consent by ASPHALTGOLD.
14. FINAL CLAUSES
14.1. The law of the Federal Republic of Germany applies to all business transactions or other legal relationships entered with ASPHALTGOLD. The United Nations Convention on the International Sales of Goods (CISG) as well as other intergovernmental treaties, even if implemented into German law, do not apply.
14.2. Contracts that do not fall under the categories of professional or commercial activities of the eligible party (consumer contracts) are only subject to this governing law to the extent that the ensured protection is not revoked due to mandatory provisions set forth by the law of the state in which the consumer is usually located.
14.3. If the buyer is an entrepreneur, then all disputes stemming from the contractual relationship are to be settled by the court of jurisdiction in Darmstadt.
14.4. The contract language is German.
14.5. The right to compensation is only granted if your counterclaim has been legally validated, not disputed or acknowledged by us. Furthermore, you are only entitled to the right of retention if and as long as your counterclaim is based on the same contractual relationship.
14.6. If the customer defaults in making any payments to us, then all other existing claims will become due immediately.
15. INFORMATION ON ONLINE DISPUTE RESOLUTION
The European Commission provides an Internet platform for online settlement of disputes (so-called «ODR platform»). The ODR platform should act as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising, serving from online sales contracts.
You can find the platform at https://ec.europa.eu/consumers/odr
16. SEVERABILITY CLAUSE
If individual provisions of the contract including its regulations become ineffective, either in part or fully, or if the contract proves to have any unforeseen omissions, the effectiveness of the remainder of the provisions or parts of such remains intact. The relevant legal regulations shall apply in place of the ineffective or missing provisions.