T&Cs (general terms and conditions)

General Terms and Conditions Online Shop

Marcel Gawert

Roxförder Straße

22 39638 Gardelegen

Phone: +49 (0)171.8596375

Email: averust-clothing@info.com

§ 2 Scope and Defence Clause

My General Terms and Conditions apply exclusively to the contract between me and you; other conditions do not become part of the contract, even if we do not expressly object to them.

§ 3 Conclusion of Contract

(1) The presentation of the products in my online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Buy" button, you submit a binding offer to conclude a purchase contract for the goods in your virtual shopping cart.

If you place an order, we will immediately send you an email confirming receipt of your order and listing its details (confirmation of receipt).

A purchase contract is only concluded when

• - I confirm the conclusion of the contract in a second email (order confirmation) or

• - send the ordered goods to you and confirm the shipment by email

  (shipping confirmation).

No purchase contract is concluded for products from one and the same order that are not listed in the order and/or shipping confirmation.

If you have not received an order confirmation or a shipping confirmation or have not received any goods within 2 working days of submitting your offer, you are no longer bound to your order. In this case, I will immediately refund any services provided.

(2) I do not offer any products for purchase by minors.

(3) I only sell all products in household quantities. This applies both to the number of products ordered in one order and to placing multiple orders for the same product, where the individual orders contain a household quantity.

§ 4 Reservation of performance

(1) I reserve the right to provide a service of equivalent quality and price.

(2) I also reserve the right not to provide the promised service if it is not available. If a purchased item is not available because my supplier does not deliver it to me despite their contractual obligation through no fault of my own, I am entitled to withdraw from the contract. In this case, I will inform you immediately that the ordered goods are no longer available and will immediately refund any services already provided.

§ 5 Prices and delivery costs

(1) The prices I quote are total prices. They include statutory sales tax and other price components. The sales price does not include delivery and shipping costs; these are shown and stated separately.

(2) I will issue an invoice for the delivered goods.

§ 6 Payment

You are obliged to pay in advance. The purchase price plus shipping costs is due immediately.

§ 7 Default

(1) If you are a consumer and are in default of payment, I am entitled to charge default interest at a rate of 5 percentage points above the base interest rate.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

(2) If you are an entrepreneur and are in default of payment, I am entitled to demand default interest of 9 percentage points above the base interest rate. In addition, I am entitled to payment of a lump sum of € 40.00 . This lump sum is to be offset against any damages owed, insofar as the damage is based on the costs of legal action.

An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.

(3) If I have suffered greater damages due to delay, I shall be entitled to claim these damages, notwithstanding the above provisions.

§ 8 Delivery

(1) Unless otherwise agreed, delivery will be made from my warehouse to the delivery address provided to you.

(2) I am entitled to make partial deliveries and partial services at any time, provided that these are reasonable for you. If I make partial deliveries, I will assume the associated additional shipping costs.

§ 9 Warranty and Liability

(1) If you are a consumer, you have the statutory warranty rights.

(2) If the buyer is an entrepreneur, the sale is made excluding any warranty.

(3) Apart from that, we are only liable for intentional and grossly negligent breaches of duty, with the exception of damages resulting from injury to life, body or health. To the extent that our liability is excluded or limited, this also applies to breaches of duty by our vicarious agents.

(4) Further claims are excluded.

§ 10 Offsetting, retention

(1) You are only entitled to a right of set-off if your claim is undisputed or has been legally established or if your claim is a claim for rescission based on the exercise of your statutory right of withdrawal as a consumer.

(2) You are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 11 Retention of Title

The delivered goods remain my property until full payment has been made.

§ 12 Right of withdrawal and instructions for consumers

Consumers, i.e. any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity, have the following right of withdrawal:

cancellation policy

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last item.

To exercise your right of withdrawal, you must contact us

averust clothing Marcel Gawert Roxförder Straße 22 39638 Gardelegen

Phone: +49 (0)171.8596375 Email: averust-clothing@info.com

You can use the attached sample cancellation form, although this is not mandatory:

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation:

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation.

averust clothing Marcel Gawert Roxförder Straße 22 39638 Gardelegen

to return or hand over the goods. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

If you as a consumer wish to withdraw from the contract in accordance with Section 12, you can use the enclosed sample withdrawal form (Appendix).

§ 14 Cost-bearing agreement for withdrawal by consumers

If you make use of your consumer right of withdrawal in accordance with Section 12, you will bear the direct costs of returning the goods.

§ 15 Storage of the contract text and access

(1) We do not store the contract text.

(2) You can print out the contract text, including these terms and conditions, using the print function of your browser or save it on your computer using the "Save page" function.

§ 16 Recognition and correction of input errors

The buyer can identify input errors before submitting his contract declaration by looking at his virtual shopping cart and correct them by pressing the "Back" button on his web browser and then entering the correct information.

§ 17 Language available for the conclusion of the contract

§ 18 Dispute settlement in consumer matters

(1) The European Commission provides a platform for out-of-court online dispute resolution at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Our email address is averust@icloud.com

(2) I am neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 19 Applicable Law

All legal relationships between you and me are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by those provisions from which no deviation by agreement can be made under the law that would apply in the absence of a choice of law.

My registered office is the place of performance and exclusive place of jurisdiction if you are a merchant, a legal entity under public law or a special fund under public law, you have no general place of jurisdiction in Germany, you have moved your place of residence or habitual abode abroad after the conclusion of the contract or your place of residence or habitual abode is unknown at the time the action is brought.

Status: 05.06.2024