Algemene voorwaarden bij APS
General Terms and Conditions (GTC) of
Art of Private Shaking Glass & Bar Supply
Address: Rijselstraat 236, Sint-Michiels Brugge, Belgium
We shall carry out your order in accordance with the version of our GTC applicable on the date of your order. We do not accept any GTC of your own. Therefore, we hereby object to any deviating terms and conditions.
2. Conclusion of contract
The contract is concluded with us, Art of Private Shaking Glass & Bar Supply GmbH (you can find more information under ‘Legal notice’). You can place an order via our home page. The following steps must be completed in order to place an order:
Once you find the product you are looking for, you can select it without placing a binding order by typing in your desired quantity and clicking on ‘Add to basket’. Once you have selected all the products you want, you can continue the order process by clicking on ‘View basket’.
You will then see a summary of all the products you have selected. You can now make additional changes.
You will then be asked to enter your personal data. After entering this information, you can click on ‘Continue to order’ to see a summary of your products and personal data. At this point, you will be asked to acknowledge these GTC, our customer information and your right to cancel. You can exit the order process at any time, or you can conclude it by clicking on ‘Submit a binding order’.
After placing your order, you will receive an email detailing the scope and content of the information sent to us.
After you place your order, we are entitled to accept it within a period of 14 calendar days by sending you an order confirmation (by post or by email). Your order will only count as accepted if we accept it by issuing an order confirmation. If we do not accept your offer within 14 calendar days, the offer will count as rejected. No purchase agreement will be concluded in connection with products not listed in the order confirmation.
a) Deliveries are shipped from our warehouse to the delivery address supplied by you.
b) If you opt to pay in advance, the goods will be reserved for you when we accept your order. However, we will only ship the goods after the purchase price is credited to our account.
If you have opted to pay in advance but the purchase price is not credited to our account within seven calendar days, we will be entitled to withdraw from the contract. If we remain party to the purchase contract, the delivery deadlines indicated on the date of the order shall no longer apply. In such a case, and provided that it is dependent on the receipt of your payment, the day on which the purchase price is credited to our account shall be authoritative for the calculation of the delivery times.
c) All deliveries are subject to the availability of stock. If, for reasons for which we are not responsible, a product you have ordered should be unavailable in spite of punctual scheduling, we will offer you a product of identical quality and price in its place which you will not be obliged to accept. In this case, you will be entitled to withdraw from the contract. In such an event, we shall immediately inform you of the unavailability and immediately reimburse you with any payments you have made if you choose to withdraw from the contract.
d) If we default on delivery for reasons for which we are responsible, or if delivery becomes impossible without the cause being intent or gross negligence, liability to pay damages shall be excluded. This shall affect any more extensive claims to which you may be entitled.
e) If defaults on delivery are caused by reasons for which we are not responsible (e.g. force majeure or fault of third parties), the deadline shall be reasonably extended. We shall immediately inform you accordingly. If the causes of the delay last for longer than four weeks after the conclusion of the contract, both parties shall be entitled to withdraw from the contract.
f) If the sale is of consumer goods, we shall bear the risk of accidental destruction or deterioration of the goods.
4. Cancellation policy
If the customer is an entrepreneur, it shall have no right to cancel under section 312d of the German Civil Code (BGB), in combination with sections 355 and 356 of the BGB. The right to cancel only applies to consumers.
– Cancellation policy –
You can withdraw your contractual declaration in writing (e.g. by letter, fax or email) within 14 days without providing a reason. The deadline shall commence once you receive a written copy of this cancellation policy, although not before the goods are received (not before receipt of the first partial delivery in the case of recurring deliveries of identical goods) and not before we fulfil our duties to provide information pursuant to article 246 (2) in connection with section 1 (1) and (2) of the Introductory Act to the German Civil Code (IACC) and our duties under section 312g (1) line 1 of the BGB in connection with article 246 (3) of the IACC.
Punctually sending the notice of cancellation or the item shall suffice with regard to adherence to the cancellation deadline. The notice of cancellation is to be sent to:
Name/company: Art of Private Shaking Glass & Bar Supply GmbH
Address: Obenhauptstraße 1, 22335 Hamburg
Fax: +49 (0)40 4800 3131
Email address: email@example.com
Consequences of cancellation
In the event of an effective cancellation, the performances received by each party are to be returned and any derived benefits (e.g. interest) are to be surrendered. If you are unable to return or surrender the received performance or derived benefits (e.g. benefits of use) to us, or only in a deteriorated condition, you must pay us compensation. You must only pay compensation for the deterioration of the item and for derived benefits in so far as the benefits or deterioration are based on use of the item beyond the examination of its features and functions. ‘Examination of its features and functions’ means testing and trying out the item in the same way as is possible and conventional in retail shops. Items that can be shipped in parcels are to be returned at our risk. You must bear the standard costs of returning the item if the delivered item matches the item you ordered and if the price of the item to be returned does not exceed 40 euros or, if the price of the item does exceed 40 euros, if you have not rendered a contractually agreed partial payment or consideration as of the date of cancellation. Otherwise, returning the item shall be free of charge to you. Items that cannot be shipped in parcels shall be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The deadline shall commence for you once you send your notice of cancellation or the item; it shall commence for us once we receive the same.
– End of the cancellation policy –
All prices indicated are in euros and include statutory VAT.
6. Terms of payment
We only accept payments in advance (bank transfers in advance).
We will send you an order confirmation by email. The goods will be shipped after the amount is credited to our account. Please only render the payment after receiving the order confirmation!
The guarantee is subject to the statutory provisions.
8. General information
a) You can find the essential characteristics of the goods on offer and the validity periods of limited offers in the individual product descriptions on our website.
b) The languages available for concluding a contract are German and English.
c) You can use the print function in your browser to print out the contract. Additionally, you can click on the printer icon displayed during the order process to print out your order. You can also save the contract by right-clicking and saving the web page to your hard drive.
d) If the customer asserts its right to cancel, it shall be obliged to return the goods if the goods can be sent in parcels. It is contractually agreed that, if it asserts its right to cancel, the consumer shall bear the standard costs of return shipping if the price of the item to be returned does not exceed 40 euros, unless the delivered item is not the item ordered. In this case, we shall bear the risk of returning the goods. The consumer will not have to bear the costs of return shipping if the price of the item exceeds 40 euros; in this case, the seller shall bear them.
9. Applicable law and place of jurisdiction
German law applies to all disputes arising from or in connection with this agreement, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. In so far as possible, Hamburg is agreed as the place of jurisdiction.
10. Final provision
If any provision of these General Terms and Conditions should be ineffective, this shall not affect the effectiveness of the remaining provisions.