Terms of service
General Terms and Conditions
1. The present general terms and conditions ("GTC") apply to all services and deliveries that are offered and rendered by Adriana Touristik GmbH (hereinafter "at-markt.de") and by consumers within the meaning of the provisions of the German Civil Code ("consumers") to be entitled to. This includes, in particular, offering, selling and shipping distance selling products (including e-commerce) via: Online shop at www.at-markt.de
2. Supplementary, deviating or conflicting general terms and conditions or other contractual provisions of the consumer (regardless of their form or type) are not part of the contract and are hereby expressly rejected. Subsidiary agreements or additional agreements require written confirmation from AT Markt to be valid.
3. The mutual rights and obligations arising from the contractual relationship between AT Markt and the consumer result exclusively from (i) the corresponding information (online shop); (ii) the order confirmation (online shop); and (iii) the present GTC.
4. AT Markt guarantees the best possible availability of the online shop within the framework of appropriate and customary technical standards. However, AT Markt assumes no liability or liability for the correctness, completeness, a certain property, suitability or suitability at any time, the uninterrupted, error-free or risk-free availability or the possibility of access, transmission, hardware, software or network errors, delays, errors (especially, but not exclusively, regarding pricing) or a certain success. AT Markt is not liable for the impossibility of the service (or a part thereof) as a result of force majeure or as a result of disruptions from the responsibility of the consumer or third parties.
CONCLUSION OF THE CONTRACT
5th If in doubt and unless otherwise stated, the information provided in the online shop does not constitute a binding offer from AT Markt, but merely a request to the consumer to submit an offer.
6. With his electronic order, the consumer submits a binding offer to conclude a corresponding purchase contract.
7. The consumer has to ensure that all data provided by him in the context of an order (name, method of payment and payment details, shipping address, email address etc.) are correct so that the contract can be processed properly.
8. The consumer is given the opportunity to check the content of the order again for correctness and completeness and to correct any input errors. By pressing the "BUY" button, the binding order is transmitted.
9. After successful transmission of an electronic order (in the online shop) to AT Markt, the consumer will receive an automatically generated order confirmation to the specified email address, which only confirms receipt of the offer. This order confirmation does not yet constitute an acceptance of the offer by AT Markt. The electronic order is saved by AT Markt.
10. AT Markt reserves the right to reject an offer in whole or in part without giving a reason (especially if the product in question is not available or if it is not possible to ship to the specified address or because the quantity sold is exceeded) and to inform the consumer thereof put.
11. The acceptance of the offer made by the consumer (or a part of it) takes place when the ordered product (the ordered products) is dispatched, at the latest 15 days after receipt of the order by AT Markt.
12. The consumer receives a corresponding invoice, which is enclosed with the delivery in paper form.
13. Contracts are concluded in the online shop and by telephone in German.
14. AT Markt does not offer products for purchase by minors. If the consumer is under the age of 18, the participation of the legal guardian is necessary.
15. The consumer has the right to cancel the contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the consumer or a third party named by him, who is not the carrier, has taken possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform Adriana Touristik GmbH (operator of the AT Markt online shop) of the decision to cancel the contract by email. The consumer can use a model withdrawal form available at www.at-markt.de, but this is not mandatory. For truthg of the withdrawal period, it is sufficient for the consumer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
16. If the consumer withdraws from this contract, AT Markt will pay the consumer all payments that AT Markt has received from the consumer, including delivery costs (except for the additional costs that result from the consumer having a different type of delivery than AT's Market has chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the date on which AT Markt received the notification of the cancellation of this contract.
17th For repayment, AT Markt uses the same means of payment that the consumer used in the original transaction, unless expressly agreed otherwise with the consumer; under no circumstances will the consumer be charged for this repayment. AT Markt can refuse repayment until AT Markt has received the goods back or until the consumer has provided proof that the goods have been returned, whichever is the earlier. The consumer must return or hand over the goods to AT Markt immediately and in any event no later than fourteen days from the date on which the consumer informs AT Markt of the revocation of this contract. The deadline is met if the consumer sends the goods before the period of fourteen days has expired. AT Markt bears the direct costs of returning the goods. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling with the consumer that is not necessary for checking the nature, properties and functioning of the goods.
18th However, the consumer has no right to withdraw from the following contracts: (i) contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, (ii) Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly pass, (iii) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal is removed after delivery (iv) contracts for the delivery of goods if, after delivery, due to their nature, these have been inseparably mixed with other goods, (v) contracts for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but no earlier than 30 days after the contract was concluded can be delivered and whose current value depends on fluctuations in the market over which the entrepreneur has no influence, (vi) contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery, (vii) contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts
PRICES, PAYMENT TERMS
19. Unless otherwise stated, the price stated for each product ("purchase price") is in euros, including VAT, subject to errors. Any shipping costs, costs for transport insurance, customs fees, etc. may be announced separately and offset. Prices are subject to change until AT Markt accepts the contract offer. Any restrictions will be made known to the consumer by means of the relevant information in the online shop or taken into account when the consumer submits the offer.
20. Payment can only be made in the invoiced currency using the payment methods offered by AT Markt in the online shop, the catalog or by telephone. Payment by credit card and payment by Pay Pal or cash on delivery are currently possible. AT Markt also reserves the right to change or expand the payment methods offered from time to time and not to allow individual consumers for certain payment methods.
21. Payment is deemed to have been made when AT Markt can dispose of the final amount invoiced completely (without deduction) and irrevocably freely. Any payment charges are borne by the consumer.
22. The products remain the property of AT Markt until full payment (retention of title).
DELIVERY QUANTITIES, PRODUCT SPECIFICATIONS
23. Products are only supplied in quantities customary in the household.
24. AT Markt reserves the right to change product specifications at any time.
25. Information and representations in catalogs and in the online shop (especially colors, sizess, samples etc.) may differ from the actual circumstances due to restrictions in the displayability.
26. The products are packaged by AT Markt at its own discretion and are insured for transport as standard.
27. Unless expressly stated otherwise, the delivery dates shown are non-binding guide values. AT Markt reserves the right to agree down payments, make partial deliveries if necessary and invoice them separately. The consumer hereby expressly agrees to this. Should there be a delay in delivery due to unforeseeable and unavoidable events beyond AT Markt's sphere of influence (including such force majeure), the delivery period will be extended by the period of the reason for the impediment, no consequences of delay will occur.
28. If the consumer defaults on acceptance, AT Markt is entitled to deposit the delivered products at its own discretion (i) with debt-relieving effect at the expense of the consumer (§ 372 BGB) or (ii) to store the products at the risk of the consumer and with a debt-relieving effect and to invoice the consumer for all costs (including storage) incurred due to the delay in acceptance. AT Markt's rights under the applicable legal provisions remain unaffected.
29. The place of performance for all services from the contractual relationship between AT Markt and consumers is the headquarters of AT Markt.
30. Insofar as the liability of AT Markt is not effectively excluded according to these General Terms and Conditions, AT Markt (as well as its organs, employees, representatives, agents or vicarious agents) is only liable to the consumer for property damage in the event of gross negligence or intent. Liability for personal injury is not limited, claims from product liability are based on the Product Liability Act (PHG).
31. Under no circumstances is AT Markt liable for indirect damage, immaterial damage, pure financial loss, consequential damage, lost profit or for hardware / software damage.
32. Insofar as a link to an Internet presence or an advertising presence of a third party is made, access, retrieval, content or use of this Internet presence are not the responsibility of AT Markt. AT Markt does not adopt this content as its own and accepts no liability for such third-party offers.
33. AT Markt provides a guarantee for the expressly guaranteed product properties, but not for a specific suitability, suitability for a specific purpose / use.
34. The warranty rights of the consumer are based on the statutory provisions and are valid regardless of any manufacturer guarantees.
35. We process your personal data for the purpose of order processing and to be able to send you further offers, if necessary, also through third parties. In this context, we also regularly transmit the data to processors. Further information and information about the processing of your data can be found in our data protection declaration.
36. If the e-mail address has been received in connection with the sale of a product or service and the consumer has not objected to it, AT Markt reserves the right to offer the consumer regular offers for products similar to those already purchased from the range by e- Send mail. The consumer can object to this use of his e-mail address at any time by sending a message to the contact options described in the imprint or via a link provided in the advertising email, without incurring any costs for the consumer.
COMMERCIAL PROPERTY RIGHTS
37. If the online shop contains elements and content that are or may be protected in favor of AT Markt or to which AT Markt has an exclusive or limited right of use, AT Markt expressly reserves all rights. The use of these elements and contents beyond the usual and necessary use of the website by the consumer is not permitted without the prior written consent of AT Markt. This applies in particular, but not exclusively, to software, databases, brands, content, layout, design and interface, photographs, videos, texts, music and graphics.
APPLICABLE LAW, SEVERABILITY CLAUSE, OTHERS PROVISIONS
38. German law applies exclusively to the subject terms and conditions and the contractual relationship between AT Markt and the consumer.
39. Should one of the provisions of these terms and conditions be illegal, invalid or unwillingbe or become effective, this does not affect the validity of the remaining provisions. As long as the parties have not agreed on any other regulation, the ineffective regulation shall be replaced by a regulation which is effective and which, as far as possible, takes into account the economic purpose of the regulation and the intention of the parties when concluding this agreement.
40. The present agreement contains the complete regulation of the agreements made between the parties, there are no verbal side agreements.
41. If the assertion or enforcement of AT Markt's statutory or contractual rights does not take place in individual cases (or not over a certain period of time), no conclusive waiver of the assertion of the rights can be derived from this. Any waiver of the assertion or enforcement is only valid in writing.
42. AT Markt is entitled to carry out the services owed itself or to use third parties at its own discretion and to transfer all or part of the rights and / or obligations arising from the contractual relationship with the consumer to third parties.
43. The European Commission's OS platform (online dispute resolution) can also be used to settle disputes with the company: https://ec.europa.eu/consumers/odr
AT Markt e-mail address: contact @ at-markt.de