1. Scope
(1) These general terms and conditions apply to the sale of goods by Doroob Almokha 40 street, near Althawra Stadium city Sana’a-Yemen. (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as “customer "Or" you "or" you ") in our online shop.
(2) Terms and conditions of the customer that deviate from and / or go beyond these general terms and conditions do not become part of the contract.
2. Differentiation between entrepreneurs and consumers
(1) Some provisions of these terms and conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant point in these terms and conditions.
(2) "Consumer" within the meaning of these terms and conditions is, according to the legal definition in Section 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(3) "Entrepreneurs" within the meaning of these terms and conditions are, in accordance with the legal definition in Section 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.
3. Customer account
(1) For more convenient use of the online shop, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorized use of your access data.
4. Conclusion of contract, contract language
(1) Only when you order the goods and / or services is a binding offer to conclude a corresponding contract. To place the order, put the selected goods in the shopping cart, go through the further ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and to correct it if necessary. Only when you send the order do you make a binding offer to conclude a contract.
(2) We can process your offer within two days - Sending an order confirmation by post or email,
- Sending the goods or
- Request for payment
accept; The time of receipt of our order confirmation, goods or payment request by you is decisive for compliance with the deadline.
(3) The contract language is Englisch.
5. Storage of the contractual provisions
We save the contractual provisions, i.e. the order data and the present terms and conditions. You can print out or save the contractual provisions on your part by using the usual functionality of your browser (usually "Print" or "File"> "Save as"). The order data is contained in the order overview, which is displayed in the last step of the order. The contractual provisions, including the general terms and conditions, are also contained in the email with the order confirmation that we will send you if your order is accepted.
6. Delivery disruptions
If an ordered item cannot be delivered because we are not supplied by our supplier through no fault of ours despite his contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the goods ordered are no longer available and will immediately reimburse any services that have already been performed.
7. Payment
xxxxxxxxxxxxxx
8. Retention of title
(1) The following applies to consumers: The product delivered by us remains our property until full payment has been made (reserved goods).
(2) The following applies to entrepreneurs:
We reserve title to the reserved goods until all payments from the business relationship with the customer have been received. We undertake to release our securities at the customer's request insofar as the value of ours.
Collateral exceeds the claims to be secured by more than 20%; The selection for the release of securities is done by us. The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; However, he hereby assigns to us all claims that arise from the resale
9. Claims for defects (warranty)
(1) The following applies to consumers:
The statutory ones apply to our warranty obligations Warranty provisions.
(2) The following applies to entrepreneurs:
If the customer acts as a merchant within the meaning of Section 1 of the Commercial Code, he must examine the goods immediately upon receipt. Identifiable defects are to be reported to us in writing immediately after receipt of the goods or - if the defect only becomes apparent later - immediately upon discovery. Timely dispatch of the notification is sufficient to preserve the customer's rights. Failing this, the goods are considered approved. This does not apply if we have fraudulently concealed the defect.
If there is a defect in the purchased item, we initially provide a guarantee through supplementary performance, either in the form of a removal of the defect or a replacement delivery, at our option. If the supplementary performance has failed, the customer is entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract.
Claims of the buyer due to material defects become statute-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the buyer which are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or which are due to gross negligence on the part of us or our vicarious agents; the statutory limitation period applies to these claims.
10. Disclaimers and Limitations of Liability
The following applies to our liability for damages:
(1) In the event of willful intent and gross negligence, including those of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health.
(2) In the case of negligent property damage and financial damage, we are only liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage that is foreseeable and typical for the contract at the time the contract was concluded; Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely.
(3) Apart from that, liability on our part is excluded, regardless of the legal basis.
(4) The exclusions and limitations of liability in paragraphs (1) to (3) above also apply mutatis mutandis in favor of our vicarious agents.
(5) Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above
11. Choice of law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies. The UN sales law is excluded. This choice of law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the country in which they have their domicile or habitual residence.
(2) The place of jurisdiction in dealings with business people, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our option, to sue at the customer's registered office.