GENERAL TERMS AND CONDITIONS
the company Anisch de la Cara, Avda de la Marina 72x, 03720 Benissa / España, hereinafter referred to as "Anisch de la Cara".
(Version of June 2023)
1. scope of application
For all business relations between Anisch de la Cara and the buyer via the internet shop "www.anisch.com" the following general terms and conditions of business apply exclusively in the version valid at the time of the order. We do not accept any other terms and conditions unless prior written consent has been given.
2. contracting party
Anisch de la Cara exclusively concludes contracts for the supply of goods:
a) natural persons of unlimited legal capacity who have reached the age of 18 years
b) legal entities with residence or registered office in the Federal Republic of Germany, a member state of the European Union or Switzerland
If the offer of an unaccepted participant has been inadvertently accepted by Anisch de la Cara, Anisch de la Cara is entitled to declare its withdrawal from the contract to the customer within a reasonable period of time.
3. conclusion of the contract
A contract between Anisch de la Cara and the client is concluded either through a written order confirmation by letter, fax or e-mail from Anisch de la Cara or through fulfilment of the order by Anisch de la Cara. We will confirm the receipt of the order by sending an email to the email address provided by you on the order form. In this email, which also contains the legally required revocation instruction in text form, the ordered articles, their individual and total costs, possibly arising packaging and transport costs and the total amount of the order are again indicated. The company has the right to refuse orders that have not yet been confirmed, even without giving reasons. Orders placed orally by the client and order changes to already confirmed orders will only be effective if they are confirmed in writing by the company. The Company's price lists valid at the time of conclusion of the contract shall apply to the contracts.
The contract language is German.
- Cancellation policy -
4. right of withdrawal
Right of withdrawal for consumers (A consumer is any natural person who enters into a legal transaction for purposes that predominantly neither your commercial nor your self-employed professional activity can be attributed to this).
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day you or one of a third party, other than the carrier, who has taken possession of the goods or has.
In order to exercise your right of withdrawal, you must notify us (Anisch de la Cara, Avda de la Marina 72x, 03720 Benissa/ Spain, . eMail: firstname.lastname@example.org ) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You can use the attached Use a sample revocation form, which is not mandatory. In order to maintain the period, it is sufficient that you have received notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you revoke this contract, we will have all payments made by you to us received, including delivery costs (with the exception of the additional costs that result from the fact that you have chosen a different method of delivery than the one offered by us, standard delivery), without delay and at the latest within fourteen days of delivery. days from the day on which the notification of your revocation of this agreement is received contract with us. For this repayment we use the same Means of payment that you used in the original transaction, unless expressly agreed with you otherwise; in no case will you be held liable for of this reimbursement.
We may refuse to refund until the goods are returned to us or until you have provided proof that you have returned the goods, each after whichever is the earlier. You must return the goods without delay and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract, to us to be returned or handed over. The period shall be deemed to have been observed if you return the goods before the period of fourteen days.
You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this is loss of value on a material used for testing the condition, properties and functionality of the goods is due to unnecessary handling of them.
Exclusion of the right of revocation
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which a individual choice or designation by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer
- for the supply of goods which are liable to spoil quickly or have an expiry date would be quickly exceeded,
- for the supply of sealed goods which, for reasons of health protection or of hygiene are not suitable for return, if their sealing has been delivery was removed,
- for the delivery of goods, if these are to be used after delivery due to their quality have been inseparably mixed with other goods,
- for the supply of alcoholic beverages, the price of which is agreed upon at the conclusion of the contract but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market to which the entrepreneur has no influence,
- for the supply of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery
- for the supply of newspapers, periodicals or magazines with the exception of Subscription contracts.
Anisch de la Cara
Avda de la Marina 72x
03720 Benissa / Spain
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)
Date Signature of the consumer(s) (only for paper notification)
(*) Delete as appropriate
- End of the cancellation policy -
The prices for the offered articles are shown in Euro (EUR, or €). The prices at the time of the order are valid, as they were shown on the internet pages. The prices are quoted ex works of the company Anisch de la Cara, including the legal value added tax, and without costs for packaging and shipping.
6. terms of payment
The purchase price is to be paid after receipt of invoice without deduction by bank transfer to an account of the seller or Paypal. Unauthorized deductions of the buyer are asserted.
7. terms of delivery
The delivery will be made within three days after receipt of payment. We reserve the right to make partial deliveries if this appears advantageous for a speedy processing and the buyer does not suffer any unreasonable disadvantages. No further costs will be incurred for any subsequent deliveries from Germany. You will be informed immediately in case of delivery delays exceeding one week. Should you wish to have a delivery address that differs from the invoice address, please inform us of this when placing your order. We ship in post checked packaging. Please check directly on receipt whether the packages are undamaged and whether you have received the right products in the right quantity. Please ask the delivery person to confirm wrong deliveries or damages and contact us afterwards. The legal warranty rights to which you are entitled are not affected by this.
8. shipping costs
The costs for shipping and packaging are EUR 4,95 per order within Germany.
For shipping and packaging to EU the costs per order are EUR 4,95.
9. reservation of title
(1) In the case of consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the right of ownership of the object of sale until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You shall only be entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in arrears with any payment obligations towards us, all existing claims shall become due immediately.
(4) Anisch de la Cara reserves the right of ownership of all goods delivered by it to a buyer until final and complete payment of the purchase price and any shipping costs. In the event of access by third parties to the goods subject to retention of title, the buyer will draw attention to the ownership of Anisch de la Cara and inform them immediately. If the buyer defaults on payment or culpably fails to fulfil other essential contractual obligations, Anisch de la Cara is entitled to withdraw from the contract and demand the return of the reserved goods or, if necessary, demand the assignment of the buyer's claims for return against third parties.
Anisch de la Cara guarantees that the products delivered are free of material defects at the time of delivery. For all defects of the goods occurring during the legal warranty period, consumers have the choice between the legal claims for supplementary performance, for removal of defects/new delivery and - if the legal requirements are met - the further claims for reduction or withdrawal as well as compensation for damages, including compensation for the damage instead of performance as well as compensation for your futile expenses. In business dealings, the warranty is limited to one year. In the event of a return shipment, the buyer is asked - without being subject to any legal obligation in this respect - to contact us beforehand in which form the return shipment or collection will be carried out. Any shipping costs incurred by the buyer for the return shipment will be assumed and reimbursed by us.
We shall only be liable in cases in which we, one of our legal representatives or one of our vicarious agents are guilty of intent or gross negligence. The foregoing shall not apply in cases of liability for damages resulting from injury to life, limb or health or in the event of breach of material contractual obligations. Except in the case of intent, gross negligence and damages resulting from injury to life, body or health, liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
12. data protection
Anisch de la Cara undertakes to use and electronically store the data of its customers (name, address, method of payment) exclusively for the purpose of processing the purchase contracts received and for the purpose of customer information. In particular, customer data will be passed on to third parties (e.g. parcel services or credit institutions) exclusively for the purpose of fulfilling the contract.
The buyer has the right to free information, correction, blocking and deletion of his stored data at any time, as far as they are no longer needed for order processing or are subject to legal storage obligations. We guarantee the security and protection of all personal data and the strictest compliance with all provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). All data will be deleted as soon as the purpose of storage is no longer applicable. In the event of legal or contractual retention periods, the data will be blocked instead of being deleted. If we are obliged to do so by law or by court order, we will transfer the necessary data to the respective authorities entitled to receive the information.
13. dispute settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
14. final provisions
Spanish law is applicable to the legal relationship between Anisch de la Cara and the buyer, as well as to the respective terms and conditions. In dealings with end consumers, the law of the end consumer's place of residence is also applicable, insofar as it concerns mandatory consumer law provisions. If the Buyer is a merchant in the sense of the Commercial Code or a public corporation, the place of performance for deliveries and payments is Benissa/Spain.
The buyer has no right to set-off, unless the claim is undisputed or has been legally established by a court. The colours of the products shown on the Internet can slightly differ from the original for various reasons (monitor settings, quality of the graphics card, etc.).