GENERAL TERMS AND CONDITIONS
1. Scope of application
All Orders, services and offers performed by David Benedek / Almost Anything (from now on ALMOST ANYTHING) shall be carried out solely on the basis of the following General Terms and Conditions. These terms and conditions are integral part of all the contracts of any item in the online shop made between ALMOST ANYTHING and the customer. We shall not accept provisions in derogation of these terms unless they have been confirmed by ALMOST ANYTHING in writing.
2. Services
You can order books and accessories in our online shop for private use only. You may not place any order for commercial purposes.
3. Contractual languages
Contractual language is English.
4. Contract conclusion / Order transaction
The product description in the online shop is not a legal binding product offering but a non-binding online catalogue.
By entering his data and clicking the ordering button at the final step of the ordering process the seller places a binding ordering of the chosen goods. For this a confirmation window with your ordering details will open before ending the ordering process. There you can supervise and modify your order data.
After placing your order ALMOST ANYTHING will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale; it is merely for your information, to let you know that we have received your order. A binding contract of sale shall come into being when ALMOST ANYTHING confirms the product shipping (Shipping Confirmation) or acknowledges the order with a 2nd email. Your contractual partner is David Benedek.
5. Return policy
As a consumer (every natural person, who concludes the contract for a purpose that cannot be connected to neither her commercial nor her independent professional occupation, § 13 BGB), you have the right to return the received items under the following conditions mentioned-below. The legal deadline of returning goods is 14 days.
Given a successful request to exercise your right of return, please make sure to add adequate postage and packaging to ensure a safe return of your item. Return cost has to be carried by the customer if the item has arrived as described and the value of your purchased item does not exceed 40,00€.
Details to your right of return can be found below the headline "Return instructions".
RETURN INSTRUCTIONS
RIGHT OF RETURN
You can return the received goods without giving reasons within 14 days by returning said goods.
The period for returning goods begins at the earliest with the receipt of the instruction for the right of withdrawal in text form but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according to art. 246 sec. 2 in conjunction with sec. 1 subsection. 1 and 2 EGBGB (Introductory Act to the German Civil Law) and also not before complying with our duties according to sec. 312g, subs. 1, clause 1 BGB (German Civil Law) in conjunction with art. 246 sec. 3 EGBGB. You can place your return request in text form only in case of non package transportable items (e.g. bulky goods). To ensure keeping the term, send the goods or your return request within the term. The return (within the E.U.) will be made by all means at seller's risk and expense. Please notice that items shipped outside of the E.U. are excluded from returns and cancellations.
The consumer is obliged to enclose a return request along with the item which he wants to return, which must be in perfect condition in its genuine package and without any damage.
The consumer is also obliged to enclose to the mentioned communication his Banking details in order to obtain the refund of the sum paid (number of account, BIC and IBAN codes). In any case, return cost can not be refunded if the cancellation of your order is made before customer‘s receipt of the purchased item.
Please send the goods & your return request to:
ALMOST ANYTHING
Untere Weiden-Str.26
81543 Munich
Germany
Phone: +49-321-211 915 60
eMail: support@almostanything.com
In the event of an effective return, the goods and payments received by both parties must be returned and if applicable any benefits derived must be restored. In the case of deterioration of the goods and for utilization (e.g. benefits of use) that cannot be returned to us in full or in part or only in an impaired condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. The duty of restitution shall be fulfilled within 30 days. The period commences for the buyer after returning the item or sending the return request, and it begins for ALMOST ANYTHING after receiving said item.
6. Delivery/ Transportation
The item will be delivered to the customer's given address. You will get your item, if possible, in only one package via DHL. However, due to the limited amount of packaging solutions, ordering a number of products might result in a proportionally higher shipping cost (that will be shown on your order review before check out). The mentioned delivery times by orders paid by cash in advance apply upon receipt of payment.
7. Pricing and delivery costs.
Prices are valid as shown on the website when the order is processed. All prices are in euros and include the applicable sales tax (V.A.T).
Delivery costs are added extra.
8. Payment
You can choose between the following payment methods:
Payment through PayPal
PayPal allows safe, simple and fast payments through a variety of payment methods like credits cards and direct debit.
9. Retention of Title
The goods are and remain property of ALMOST ANYTHING until the complete payment of the invoice sum is made.
11. Liability
Customer claims for compensation are irrespective of their cause in law excluded - unless otherwise herein after called arisen.
The present limitation of liability does not apply in case of personal injury, of wilful or grossly negligent damage or of a violation of essential contractual obligations. It further does not apply as far as guaranteed characteristics of state have been made or a claim is established in accordance with the German Product Liability Act (Produkthaftungsgesetz)
In the case of negligence causing the violation of essential duties arising from the contract, ALMOST ANYTHING shall be liable for property damages up to a maximum of the amount foreseeable for this kind of contract.
Liability is limited or excluded for legal representatives or assistants of ALMOST ANYTHING, as far as this applies to ALMOST ANYTHING.
12. Links/ Copyright
ALMOST ANYTHING's website may contain links to other sites in the Internet. ALMOST ANYTHING points out specifically that these sites are owned by third parties and that ALMOST ANYTHING has no responsibility for the content of such web sites. ALMOST ANYTHING checked for statutory violations in the content of the above mentioned sites at the time of its linking and no such infringement could be found. A periodical supervision of the linked sites without any palpable indication is not reasonable. However, any infringement report will lead ALMOST ANYTHING to delete the respective links immediately.
You may not use, duplicate or republish in particularly the copyrighted content included in this Site (especially texts, pictures, graphics, design, etc.) without express written permission from ALMOST ANYTHING.
13. Duty of secrecy and security
The orders as well as the personal information given by the customers will be recorded by ALMOST ANYTHING.
All data captured by us is exclusively used and processed by us within the framework of the applicable data protection laws according to our data protection provisions
14. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and under exclusion from the UN sales law - unless opposed by any obligatory international consumer protection law.
15. AOB (Any other Business)
Should individual clauses in these conditions be or become invalid, the validity of the other clauses or the other parts of such clauses shall remain unaffected.
Last updated: 05.09.2011
