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Terms and Conditions
1. Scope, definitions
All services and offers of the seller are subject to these terms and conditions. Conflicting terms and conditions of the customer or third parties will not become part of the contract. This also applies if the seller does not contradict their application in individual cases separately. If the seller refers to a letter containing the Terms and Conditions of the customer or a third party, this does not implicate the consent of the seller with the validity of these Terms and Conditions.
The customer is consumer insofar as the purpose of the ordered goods and services can not be assigned to his commercial or self-employed activity (see § 13 BGB). On the other hand is an entrepreneur any natural or legal person or non-incorporated firm having legal capacity, that trades at the conclusion of the treaty in their commercial or self-employed professional activity (see § 14 section 1 BGB).
The delivery of our products is carried out to Germany and the following countries: Australia, Belgium, Bulgary, Denmark (except Faroer, Greenland), Estonia, Finland (except Aland islands), France, Greece (except Athos mountain), Great Britain (except canal islands), Ireland, Italy (except Livigno, Campione d´Italia),Latvia, Luxembourg, Malta, Monaco, The Netherlands (except non-european regions), Austria, Poland, Romania, Sweden, Switzerland, Slovakia, Spain (except Canaries, Ceuta, Melilla), Czech Republic, Hungary, USA - United States of America, Cyprus (except Northern part). Foreign customers from other countries than those listed above, who wish to place an order with African Attitude, are kindly requested to contact us via our contact form.
The contract language is German.
2. Conclusion of Contract
The contract is concluded with MEDIAdorado Ltd.
The offers enlisted in brochures, advertisements and on the website of the seller are not binding until the seller's written order confirmation, unless they are specifically designated as binding. The customer can choose products from the seller´s range and collect them in a so called "cart" by using the button "Add to Cart". By clicking the button "buy now" the customer executes a binding contractual offer to purchase the products in the cart. The contract concludes with the sending of the written order confirmation from the seller, which is usually sent immediately after placing the order.
A binding contract can also come about:
- If you have chosen credit card as payment, the contract is concluded at the time the credit card is charged.
- If you have selected the payment method PayPal/PayPal Express, the contract is concluded at the time of the confirmation of payment by PayPal.
- If you have selected the payment method PayPal Plus, you will be led to the PayPal website. There you can type in your payment information and confirm the payment transfer to PayPal. By doing this, the contract with us is concluded.
- If you have selected the payment Sofortüberweisung, the contract is concluded at the time of the confirmation of the payment by Sofort AG.
Please note that the sale of alcohol (wine) is only possible to persons over 18 years of age. With your order you confirm that you are at least 18 years old.
The delivery is carried out from the stock, which is also the place of fulfilment. At the request and costs of the purchaser, the goods are shipped to another destination (sale by delivery to a place other than the place of performance). Unless the parties otherwise agree, the seller is entitled to determine the type of shipment (in particular transport company, way of shipping, packaging). If the customer is in default of acceptance, if he omits to obligations to co-operate, or if the delivery is delaid by other reasons the buyer is responsible for, the seller shall be entitled to request compensation for the resulting damages, including the additional costs (eg storage costs, costs of relining).
The delivery times indicated in brochures, advertisements and on the website of the vendor refer to deliveries within Germany and are unbinding, unless they are specifically designated as binding. In the case of a pre-payment the delivery will only be carried out upon receipt of payment. If the seller can´t comply to binding delivery times for reasons that he was not responsible for (impossibility of performance), the vendor will immediately notify the customer hereof and of the expected new delivery date. If the delivery is even impossible within the new delivery date, the seller is entitled to withdraw all or part of the contract. In this case a payment made by the purchaser will be refunded without delay. As a case of impossibility of performance applies especially the untimely supply to the vendor himself. The legal cancellation and termination rights of the seller as well as the statutory provisions relating to the execution of the contract at the exclusion of liability (see § § 275 ff BGB) remain unaffected. This does not affect the cancellation and termination rights of the buyer.
3.1 Transport damage
If goods are obviously being delivered with transport damages, please claim such problems as soon as possible with the forwarder and contact us immediately. The failure to claim this has no consequences for your statutory rights and their enforcement, in particular your warranty rights. But while doing so, you help us being able to assert our own claims against the carrier or transport insurance.
4. Terms of payment, delay
If not in any particular case otherwise agreed, the prices valid during the time of the conclusion of the contract will apply. All prices include the legal value added tax (currently 19%).
Shipping costs are being added to the product prices. You find more information about the shipping costs in our offers.
The following methods of payment are available in our shop:
Payment in advance
Choosing payment in advance, we will inform you about our bank details in the confirmation of order and deliver the goods after receipt of payment.
Cash on delivery
7.90 Euro as costs are added to your invoice when you select the payment method cash on delivery.
You pay the invoice amount via the online provider PayPal. You must be principally registered with PayPal to legitimize yourself with your access data and confirm the payment to us (exception if guest access). You will receive more information during the order process.
This transaction is carried out by the online provider PayPal. You do not need to be registered with PayPal. With confirmation of the payment order, you grant PayPal a direct debit mandate. PayPal will inform you separately about the date of debiting your account with a prior notice (prenotification). By submitting the direct debit mandate immediately after confirmation of the payment statement, PayPal prompts its bank to initiate the payment transaction. The payment transaction is carried out and charged to your account.
This transaction is carried out by the online provider PayPal. You do not need to be registered with PayPal. The payment transaction is carried out and your card is charged by PayPal immediately after confirmation of the payment statement and after your legitimacy as a legitimate card holder of your credit card company. The charge to your credit card is thus completing your order.
We also offer direct ebanking. Thereby, we receive the money transfer right away. This accelerates the entire order process. To use this payment method you only need your account number, bank code, PIN and TAN. Via the secure and for merchants not accessible transfer form, SOFORT GmbH will immediately, automatically and in real time submit a transfer from your online bank account. The purchase amount will be transferred immediately and directly to the bank account of the merchant. If you choose sofortüberweisung as payment method, a form opens at the end of the order process. This already includes our bank connection, the transfer amount and the purpose of use. You must now select the country where you have your online banking account and enter the bank code. Then enter the same data, such as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. Immediately you will receive a confirmation of the transaction. Basically, every Internet user can use the directebanking payment if he has an unlocked online banking account using PIN/TAN process. Please keep in mind that the "sofortüberweisung" is not yet available at a few banks. You may find more information, whether your bank supports this service, here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
4.1.1 Purchase on account
When purchasing on account, the invoice amount is due to the date specified in the bill (20 calendar days after the invoice date) and payable to the account specified in the invoice. The purchase on account is not valid for all offers and requires, among other, a successful credit check by the Billpay GmbH (for Germany), or Billpay GmbH (for Switzerland) and Billpay GmbH (for Austria), possibly as a service provider factor working together with Billpay. If the customer has been approved purchase on account for certain ranges after checking his creditworthiness, the payment processing is done in cooperation with the Billpay GmbH and possibly a cooperating factor to which we cede our claim for payment. In this case the customer can make a payment only to the factor, or for customers from Germany or Switzerland to Billpay, to clear his depts. Also in the case of purchase on account we remain responsible for general clients inquiries (eg commodity, delivery time, dispatch), returns, complaints, notices of withdrawal, cancellation submissions or credits.
For registered users residing in Germany is also possible to purchase on account from the second order on, if the creditworthiness of the purchaser is verifiable given. The purchase price is immediately due and payable within 20 days from the invoice date. Applicable is the date of receipt of payment on the seller's account. With the expiration of this term of payment the customer is in default. The purchase price shall charge interest during the delay at the applicable statutory default interest rate. The seller reserves the right to claim further damage caused by default explicitly.
4.1.2 Due to the purchase on account by Billpay
Invoice receivable from purchase on account by Billpay are due for payment (due date for payment) on the calendar date specified in the bill. Failing to discharge all payment obligations in full or partly, you fall behind with your duty to pay without any further warning and have to pay a default interest of 10% p.a. The collection procedure is determined by the Billpay GmbH, possibly on behalf of the factor working together with Billpay, whereas these are entitled to invoice a dunning charge of up to EUR 15.00 as well as other charges, in particular the costs of a possible debt collection procedure or a designated attorney. The assertion of further rights and claims will remain unaffected. Payments received from the customer will each count towards the oldest debt. Furthermore Billpay may henceforth refuse the processing of payment modalities for sale contracts, also in relation to other dealers. Applicable are the Terms and conditions of the Billpay GmbH(for Germany), or Terms and conditions of the Billpay GmbH in Switzerland and Terms and conditions of the Billpay Austria GmbH.
We only ship the parcels. A pickup of the goods is not possible.
5. Retention of title, compensation, possessory lien
The customer can be entitled for retention only insofar as his claim has been legally established or is undisputed.
6. Retention of title, compensation, possessory lien
(1) For consumers, we reserve the title to the goods until full payment of the invoice amount. Are you an entrepreneur in the course of your trade or profession, a legal entity under public law or special public assets, we reserve the title to the goods until the complete settlement of your account for all outstanding demands from the business relationship with you before. The relevant liens can be transferred to third parties. Exceptional disposals such as pledge or chattel mortgage shall not be permitted. In the case of processing, mixing or combining the reserved goods with other material we acquire joint ownership of the resulting products in the ratio of the value of the goods to that of the other material. In case of seizure of the goods you have to inform us without delay and to assist us in securing our rights as well as substitute all costs incurred in this regard, especially those in connection with an antinomy case.
(2) A right of compensation is only entitled to you if your counterclaims have been legally established or uncontested recognized by us or in case of insolveny on our side. Consumers also have the opportunity to offset counterclaims that are in connection with the dept of the consumer. Beyond that, a set-off is excluded on your side. You also have a lien only if and when your claim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, then all existing claims against him due immediately.
7. Variations in colour/size
Most products offered at the African Attitude shop are handmade and unique pieces. The seller points out that for this reason, minor deviations from the specified sizes and shown colors and patterns may occur. For the relevant products hereupon will be explicitly stated in the product description.
8. Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party nominated by you, which is not the carrier, have seized the last goods.
To execute your right of withdrawal, you need to inform us (MEDIAdorado Ltd., Alteburger Str. 212, D - 50968 Cologne, Tel. +49 - 221 - 27907248, fax: +49 - 221 / 27907249, email: email@example.com) by means of a clear statement (e.g. a letter sent by mail, fax or email) of your decision to cancel this contract. You can use the attached sample withdrawal form for this, which is however not required.
To meet the cancellation deadline it is sufficient that you submit your notification of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we've got to pay back all payments immediately that we have received from you including the delivery cost (with the exception of additional costs, arising from you having chosen a different type of delivery than the standard delivery offered by us) at the latest within fourteen days from the date, on which we received your notice of revocation. For this repayment we use the same means of payment you have used in the original transaction, unless something else has been expressly agreed with you; in no case fees be charged because of this repayment. We may refuse the refund until we have received back the goods again or until you have demonstrated that you have returned the goods, depending on which is the earlier date.
You have to send back or hand over the goods promptly and in no case later than fourteen days from the day on which informed us about the revocation of this agreement, to us (MEDIAdorado Ltd., In der Held 6, D - 52372 Kreuzau). The deadline is adhered if you send the goods before the expiration of the period of fourteen days. You have to pay for the immediate costs (postal charges) of returning the goods.
You only need to compensate for a possible loss in value of the goods, if this loss in value is arising from a for the test of texture, characteristics and function of the goods unnecessary handling.
The right of withdrawal does not persist for the following contracts:
- contracts for the supply of sealed goods that are not suitable to return for reasons of health or hygiene, if the seal has been removed after the delivery.
- contracts for the supply of audio or video recordings or computer software in a sealed pack, if the seal has been removed after the delivery.
Sample withdrawal form
(If you wish to withdraw the contract, please fill in this form and send it back to us.)
Alteburger Str. 212
D - 50968 Köln
Fax: 0221 / 27907249
I/We (*) hereby withdraw the contract entered into for the sale of the following goods (*) / the provision of the following services (*):
Ordered on (*) / Received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for communication on paper)
(*) delete where inapplicable
9. Warranty, Liability
Statutory warranty rights consist for all goods in our shop.
The seller is liable for defects in accordance with the applicable statutory provisions. With regard to companies in terms of § 14 section 1 BGB, the warranty obligation on items supplied by the vendor amount to 12 months. A warranty for the goods supplied by the seller only persists if this was ceded explicitly in the order confirmation for the relevant article.
Customer's claims for damages are excluded. Exceptions of this exclusion are the purchaser´s claims for damages arising out of death, injury to body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for any damage caused by an intentional or grossly negligent breach of duty of the seller, its agents or subcontractors. Essential contractual obligations are those whose compliance are necessary to achieve the objective of the contract. For the breach of essential contractual obligations, the seller is only liable to the foreseeable damage typical for the contract, if this was simply caused by grossly negligence, unless they are a matter of an injury to life, body or health. The provisions of the Product Liability Act remain unaffected.
You can reach our customer service for questions and complaints on working days from 8:00 am to 6:00 pm under the phone number +49 - 221 - 27907248 as well as by e-mail at firstname.lastname@example.org.
10. Youth protection
Certain items in our range are exclusively intended for adults. We reserve the right for these in the product descriptions specially marked articles, to deliver them only to adults, natural persons, and to request an evidence of age. The required data for the order such as name, address, etc. are to be completed and specified truly.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure by a consumer conciliation committee.
12. Final provisions
Changes and additions to these Terms and Conditions must be made in writing. This also applies to changes of this written-form clause. Verbal individual agreements are not included in the written-form clause. For any contract between the seller and the purchaser the law of the Federal Republic of Germany, excluding the UN Sales Convention, shall apply. If the purchaser is a businessman, a legal entity under public law or a public law special fund, the court of jurisdiction for all disputes arising between the purchaser and the seller is Cologne. If any clauses of these Terms and Conditions are or become invalid, the validity of the Terms and Conditions of the remaining clauses shall not be affected. Invalid or missing conditions shall be replaced by those which come closest to the will of the parties expressed in these Terms and Conditions.