GENERAL TERMS OF BUSINESS (GTB)
(including legal information about your rights according to the regulations which govern contracts in long-distance transactions and in electronic business transactions)
1. SCOPE AND CLIENTELE
Orders that our customers place through our online shop https://akoghotel.com/ (“AKOG Hotel Shop”) are subject exclusively to these General Terms of Business (GTB). We will not acknowledge any deviating conditions of the customer or third parties unless we have expressly consented to their application.
The product range in AKOG Hotel Shop is aimed exclusively at consumers; a “consumer” means any natural person who concludes a legal transaction for a purpose not attributable to their commercial or independent professional activity, § 13 BGB (German Civil Code).
2. PRODUCT RANGE, OFFER PROCEDURE AND CONTRACT CONCLUSION
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
By clicking the button “ADD TO CART”, you can place desired goods in your shopping cart without obligation. By clicking the link “CART”, you can view the shopping cart at any time and, if you wish, remove any of the goods it contains. If you would like to buy the articles in the shopping cart, click the link “CART”, then enter the required data and click the link “PROCEED TO CHECKOUT”. After entering your data and selecting the payment method, you can use the button “PLACE ORDER” to navigate to a confirmation window which will display the details about your order once more. There you can check your entries a final time and correct them if necessary. By clicking the button “Buy” in the last step of the order procedure, you are placing a binding order for the selected goods.
Immediately after sending your order, you will receive an email confirming its receipt (order confirmation). However, this still does not constitute acceptance or your order, but serves merely to inform you that we have received it. The purchase contract will not be concluded until we have accepted the order by sending an additional email confirming the order and the delivery of goods (order confirmation). If you have received no order confirmation or delivery of goods within three business days of sending your order, you will no longer be bound by it.
3. CONTRACT PARTNER
AHG Consulting GmbH Lindwurmstr. 71
80337 Munich Germany
Telephone: +49 – (0)89 – 72 69 97 97
Email: reception@akoghotel.com
4. STORING THE CONTRACT TEXT
We will store your order and the order data you enter, and you can request them from us. You also have the option during the order procedure to print out your order and the data you entered. If you have registered as a customer, you can view your order data at any time by entering your personal access data in the customer area. Moreover, the order data and the GTB will be transmitted as part of the confirmation email sent to the address you
have indicated. Otherwise, we refer you to our data privacy statement available under “PRIVACY” https://beta.akoghotel.com/privacy-policy/.
5. DELIVERY
(1) Deliveries will be made to the indicated postal address, under the shipping conditions that apply on the website during the order. Information about the delivery period is binding unless we have firmly promised another deadline.
(2) If some of the ordered products are out of stock, we may make partial deliveries at our expense if you find this acceptable.
(3) If we are ever unable to deliver the ordered goods on time or at all because our upstream suppliers have failed to make their deliveries to us, we will inform you thereof without undue delay. If this happens, you may either wait for the ordered goods or withdraw from the contract. If the delivery is impossible, either party may withdraw from the contract. In the event of withdrawal, we shall reimburse you without undue delay for any amounts you have already paid.
(4) If we have made two unsuccessful attempts to deliver the goods, we may withdraw from the contract. You will be reimbursed without undue delay for any payments you have made, although you shall bear the costs for failed deliveries which are your fault (if you give us the wrong or an incomplete delivery address or fail to pick up the goods after being informed that they are ready, for example).
6. RIGHT OF WITHDRAWAL; COSTS FOR RETURNS CANCELLATION POLICY
RIGHT OF WITHDRAWAL:
You have the right to rescind this contract within fourteen days without providing grounds. The withdrawal period amounts to fourteen days from the day on which you or a third party you nominate (who is not a conveyer) takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (AHG Consulting GmbH, Lindwurmstr. 71, 80337 Munich, Tel.: +49 (0) 89 72 69 97 97, email: reception@akoghotel.com) with a clear declaration (such as a letter sent by post, a fax, or an email) of your intention to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To comply with the cancellation period, it is enough if you send the notification about your intent to exercise your right of withdrawal before the withdrawal period expires.
CONSEQUENCES OF WITHDRAWAL
If you revoke this contract, we shall reimburse you for all payments we have received from you, including any delivery costs (except additional costs incurred because you opted for a type of delivery other than the most inexpensive standard delivery we offered), without undue delay, but at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. We will repay you using the payment method you used during the original transaction, unless otherwise expressly agreed with you; in no case will you be remunerated because of this repayment. We may deny repayment until we have received the goods back or you have supplied proof that you have sent them back, whichever comes first.
You shall return the goods to us or hand them over to us without undue delay: in any case, within fourteen days from the date on which you inform us that you have cancelled this
contract. The deadline is deemed met if you send the goods back before the fourteen-day period expires. You shall bear the direct costs for returning the goods.
You shall pay for any loss of the goods’ value only if that loss arose because you inspected their quality, characteristics and functionality to an unnecessary extent.
THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO DISTANT MARKETING CONTRACTS
– for delivering goods produced according to customer specifications or
– which are clearly customised to personal requirements or
– whose characteristics make them ill-suited for return or
– whose characteristics make them ill-suited for return or
– for delivering audio or video recordings or software, if the consumer has unsealed the delivered data storage devices.
CANCELLATION FORM
(If you wish to cancel the contract, please fill out this form and return it to us.)
To:
AHG Consulting GmbH
Lindwurmstr. 71
80337 Munich
Email: reception@akoghotel.com
I/we (*) hereby cancel the contract I/we (*) concluded regarding the purchase of the following goods (*) / rendering of the following services (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper notifications)
Date
(*) Delete as applicable
END OF CANCELLATION POLICY
WARNING: The right of revocation will be forfeited for contracts for delivering sealed goods if their seals were removed after delivery and health protection or hygiene concerns make them ill-suited for return.
7. PRICES
All prices named in the webshop include statutory VAT (currently 19%). But the prices indicated do not include shipping costs. Any customs fees for non-EU countries will not be considered and will be billed to the recipient on import by the competent customs body.
8. PAYMENT METHODS
Advance payment
You may pay in advance. To do so, transfer the invoiced amount indicated in the order procedure to the account given. If you choose the payment method “advance payment”, we will disclose our bank details in the order confirmation and deliver the goods after we have received your payment.
PayPal
PayPal is an online payment procedure which functions by connecting with your bank account or credit card. To pay with PayPal, you must have a PayPal customer account. If
you have no such account, you can open one during the order procedure if you wish. You can find additional information about PayPal on www.paypal.de.
Credit card (American Express, MasterCard, or Visa)
If you wish to pay with one of the aforementioned credit cards, please choose one during the order procedure and enter the required data in the field provided. Your credit card account will be charged immediately after we have confirmed your order. Credit card payments will be handled by Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, email: support@stripe.com.
Immediate transfer
Payments through immediate transfer will be handled by Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, email: support@stripe.com.
9. RETENTION OF TITLE
The goods will remain our property until full payment has been made. 10. LIABILITY
(1) We exclude our liability for breach of duty caused by ordinary negligence. (2) The preceding disclaimer does not apply to
– damages arising from injury to life, limb or health
– claims under the Product Liability Act
– any guarantees of quality or durability we have given or
– the breach of essential contractual obligations.
(3) If we must be liable for ordinary negligence due to the breach of essential contractual obligations, the amount of our liability will be limited to foreseeable damages which are typical of this kind of contract.
(4) If our liability is excluded or limited under the preceding, this also will apply to liability for our statutory representatives, employees and vicarious agents.
11. WARRANTY
(1) If the delivered goods are defective, the statutory rights will apply.
(2) Our product descriptions normally contain no information on quality or durability which is to be understood as a guarantee for the purposes of § 443 BGB (German Civil Code). We assume such a guarantee only if we explicitly refer to it. Your statutory rights will not be limited or excluded by any guarantee we grant.
12. CONTRACTUAL LANGUAGE
The contractual languages are German and English. 13. ONLINE ARBITRATION
The European Commission offers the opportunity to settle disputes online on an online platform they operate. That platform is available via the external link http://ec.europa.eu/ consumers/odr/.
14. FINAL PROVISIONS
(1) The laws of the Federal Republic of Germany will apply to contracts between the provider and the customer, under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention). This will not affect the statutory provisions on limiting the choice of law and applicability of compulsory provisions, especially of the country in which the customer has its permanent address as a consumer.
(2) If the customer is a merchant, a legal entity under public law or special fund under public law, the venue for all disputes arising from contractual relationships between the customer and the provider will be the provider’s registered office, Munich.
(3) Finding individual items of the contract to be legally invalid will not invalidate its remaining parts. The invalid item will be replaced by statutory provisions as applicable. If this would constitute an undue hardship for one of the contracting parties, however, the contract will be deemed ineffective as a whole.
(4) In the event of questions regarding interpretation or disputes, the German version of the terms and conditions shall apply exclusively.
31.01.2019