General Terms and Conditions with Customer Information

(The following General Terms and Conditions also contain legal information on your rights under the provisions on distance and electronic commerce contracts.)

1. Validity and Providers
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices
5. Minimum order value
6. Shipping costs
7. Delivery, availability of goods
8. Payment arrangements
9. Electronic communication
10. Retention of title
11. Warranty of material defects, warranty, limitation of liability
12. Revocation instruction/right of withdrawal
13. Notice on the exclusion of the right of withdrawal
14. Returns
15. Contract language/ storage of the text of the contract
16. Data protection
17. Image rights
18. Place of jurisdiction, Applicable law, contract language
19. EU Online Dispute Resolution Platform

1. Validity and Providers

1.1. For the business relationship between B74 Selected Goods, owner: Kamiar Seyed-Hashemi, Berliner Straße 74, 60311 Frankfurt am Main (hereinafter “seller”) and the consumer (hereinafter “customer”), the following general terms and conditions apply exclusively in their at the time of the order valid version.

1.2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).

2. Offers and service descriptions

2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions on the seller’s website do not have the character of an assurance or guarantee. All offers are valid “while stocks last”, unless otherwise noted for the products. Incidentally, errors remain reserved.

3. Order process and conclusion of contract

3.1. The customer can select non-binding products from the seller’s range and collect them in a so-called basket using the [Add toBasket] button.

3.2 The customer can then use the [Proceedtocheckout / Proceed to checkout] button in the shopping cart to complete the ordering process.

3.3. With the button [ProceedtoCheckout / Buy] the customer submits a binding offer to buy the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).

3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation / order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer, hands it over or dispatches it within 5 working days the Customer has confirmed within 5 working days with a second e-mail, express order confirmation or sending the invoice.

4. Prices

4.1. All prices quoted on the seller’s website include the applicable statutory sales tax that is levied in Germany, currently 19%.

4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.

5. Minimum order value

5.1. We would like to point out that orders can only be placed with a minimum order value of € 25.00.

6. Shipping

6.1. Shipping costs Germany / EU 6.1 We charge shipping costs of € 5.95 for all deliveries within Germany

6.2 We charge shipping costs of € 15.00 for all orders to other European countries

6.3 We charge shipping costs of € 17.90 for all orders in Switzerland

6.4 We charge shipping costs of € 20.00 for all international orders outside the EU

7. Delivery, availability of goods

7.1. Please note that a different delivery address for orders cannot be in any other country than the billing address.

7.2. If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case.

7.3. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments already made by the customer. If prepayment has been agreed, delivery will be made after receipt of the invoice amount.

7.4. We deliver with the parcel service DHL. The delivery time is usually 2–3 working days from receipt of payment. In rare cases, delivery can take 5 to 7 working days. Please keep in mind, however, that our products are not mass-produced items. Should the delivery times differ in individual cases, we will inform you about this in the order confirmation by email.

8. Payment Modalities

8.1. You can pay by PayPal (credit card payment, direct debit), credit card payment or instant transfer (direct debit).

8.2. The customer can choose from the available payment methods before completing the order process.

8.3. If third-party providers are commissioned to process payments, e.g. PayPal or Sofortüberweisung, their general terms and conditions apply.

8.4. The goods will only be dispatched after receipt of the entire invoice amount, including the shipping costs.

9. Electronic communications

9.1. You agree that communication relating to the contract can be in electronic form.

10. Retention of title

10.1. The delivered goods remain the property of the seller until they have been paid for in full.

11. Warranty for material defects, guarantee, limitation of liability

11.1. The guarantee is determined according to legal regulations.

11.2. When selling to consumers, the statutory warranty period of 2 years from delivery to the buyer applies to new goods. The warranty period towards consumers for used items is one year and begins on the date the item is handed over. The shortening of the warranty period to one year does not apply if the obligation to pay compensation is based on physical injury or damage to health due to a defect for which the seller is responsible or on willful behavior or gross negligence on the part of the seller or his vicarious agents. Irrespective of this, the seller is liable under the Product Liability Act.

11.3. Obvious defects must be reported to the seller in writing within two weeks of receipt of the delivery at the latest, with timely dispatch being sufficient to meet the deadline.

11.4. If the goods delivered have a material defect, the customer can initially choose between eliminating the defect or delivering goods free of defects. B74 Selected Goods c / o Kamiar Seyed-Hashemi, BerlinerStrasse 74, 60311 Frankfurt / Main can refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs. The statutory warranty regulations apply to the processing of defects.

11.5 For all defects in the purchased item that occur during the statutory warranty period, the statutory claims for supplementary performance, for removal of defects / new delivery as well as – if the legal requirements are met – the further claims for price reduction or withdrawal as well as for damages, including replacement, apply at your discretion the damage instead of the fulfillment as well as the reimbursement of your futile expenses

12. Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us:
B74 Selected Goods – c / o Kamiar Seyed-Hashemi – Berlinerstrasse. 74 – 60311 Frankfurt am Main Telephone: 069 293329 – E-Mail: info@b74.de – VAT-IDNr .: DE 292324544 by means of a clear declaration (e.g. by email) of your decision to withdraw from this contract. You can use the model withdrawal form for this, but this is not mandatory.

In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract.

The buyer has to cover the costs for the return of the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back to: – B74 Selected Goods c/o Kamiar Seyed-Hashemi, Berlinerstr. 74, 60311 Frankfurt / Main, email: info@b74.de
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

– Ordered on (*) ______________ / received on (*) ______________
– Name of the consumer (s) ___________________________________
– Address of the consumer (s) ___________________________________
– Signature of the consumer (s) (only if this is communicated on paper)

– date
(*) Delete where inapplicable.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
– for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts
– for the delivery of sealed goods that are unsuitable;
– for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

– End of the cancellation policy for consumers –

13. Notes on the exclusion of the right of withdrawal

13.1. The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs, or when the delivery of audio or video recordings or software, provided that you have unsealed the data carriers supplied.

14. Returns

14.1. Before returning the goods, customers are asked to report the return to the seller at +49(0)69/293329 or by email at info@b74.de in order to announce the return. In this way, they enable the seller to assign the products as quickly as possible.

14.2. Customers are asked to send the goods back to the seller as a prepaid package and to keep the delivery receipt. The seller will reimburse the customer for the postage costs in advance, provided that these are not borne by the buyer himself.

14.3. Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the buyer’s possession, another suitable packaging should be used in order to ensure adequate protection against damage in transit and to avoid any claims for damages due to damage caused by defective packaging.

14.4. The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the withdrawal in accordance with No. 10 of these GTC.

15. Contract language / storage of the contract text

15.1. The seller saves the contract text of the order. The terms and conditions are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order. The seller also sends the customer an order confirmation with all order data to the email address provided by him.

16. Data protection

16.1. The seller processes personal data of the customer for a specific purpose and in accordance with the statutory data protection regulations. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment processes.

16.2. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, as long as there is no legal obligation to retain it.

16.3. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration.

17. Image rights

17.1. All image rights belong to the seller or his partners. Any use without express consent is not permitted.

18. Place of jurisdiction, applicable law, contract language

18.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.

18.2. The law of the Federal Republic of Germany. This does not apply if mandatory consumer protection regulations prevent such an application.

18.3. The contract language is German.

19. EU online dispute settlement platform

19.1. The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.