GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

General terms and conditions
AGB created via the generator of the Deutsche Anwaltshotline AG

contracting parties

On the basis of these General Terms and Conditions of Business (AGB), the customer and the supplier shall be bound by each other.
Heshmati Ltd.
Represented by Mohsen Heshmati Monazeh
Address: Brook 9 20457 Hamburg

Commercial Register: Hamburg Local Court
Commercial register number: HRB 83021
Sales tax identification number: DE225250186
hereinafter referred to as the provider, the contract is concluded.

Conclusion of contract

The contract is concluded in electronic business transactions via the shop system or via other means of distance communication such as telephone and e-mail. The offers presented represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept.

The ordering process for the conclusion of the contract comprises the following steps in the shop system:

(size, colour, quantity)
In addition to the shop system, orders can also be placed via remote means of communication (telephone/e-mail), whereby the order process comprises the following steps to conclude the contract:

Calling the order hotline / sending the order mail
Confirmation mail that order has been received
With the sending of an order confirmation the contract comes off. The automatically generated and sent order confirmation does not represent a corresponding legally binding declaration. The contract is also concluded by sending the goods or providing the service.

Duration of contract

The contract has a term of 5 years, subject to termination. The total price is calculated from the following components: A basic price is accepted first. The artistic quality is then evaluated and the carpet compared with similar carpets of the same style. The final price is then determined. In addition, the size, colour, style, origin, layout, pattern, material, technique, knots, age and condition of the carpet are taken into account when determining the final price.

Retention of title

The delivered goods remain the property of the supplier until full payment has been received.

Reservations

The provider reserves the right to provide a service of equal quality and price. The service shown in the shop is exemplary and not the individual, contractual service.

Terms of payment

The customer has only the following options for payment: advance payment, invoice on delivery, direct debit, cash on delivery, payment service provider (PayPal), cash on collection, credit card. Other payment methods are not offered and will be rejected.
The invoice amount must be transferred in advance to the account indicated on the invoice, which contains all details for the transfer and is sent by e-mail, after receipt of the invoice. The invoice amount must be transferred in advance to the account specified in the invoice, which contains all the details for the transfer and is sent with the delivery, after receipt of the invoice. The invoiced amount will be debited from the Customer’s specified account by the Provider by direct debit on the basis of the Customer’s direct debit authorisation. In the case of cash on delivery, the cash on delivery amount is paid in cash to the deliverer upon delivery, whereby the deliverer charges a cash on delivery fee. If a trustee service/payment service provider is used, this enables the provider and customer to process the payment among themselves. The trustee service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective trust service/payment service provider. The invoice amount can also be paid in cash during normal office hours, after deduction of the shipping costs charged, at the business premises of the Provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the stated amount to the account stated on the invoice within 30 days of receipt of the invoice. Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined by the calendar, the customer shall be in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or legally established.

Terms of delivery

The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average at the latest after 7 days. The entrepreneur commits himself to the delivery on the 30 day after order entrance. The standard delivery time is 2 days, unless otherwise stated in the item description. The offerer sends the order from own camp, as soon as the entire order there before
The customer will be informed immediately of any delays.

Warranty

Consumers are entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (AGB).

Guarantees

The supplier offers the customer a durability guarantee for his service. Thus the supplier assures the following condition for the guarantee period: [%INPUT_DURABILITY_GUARANTEE%]. The warranty period is 1 year.

Drafting of contracts

The contract text is stored by the provider. The customer has the following possibility to access the stored contract text: The contract text is sent to the customer. This area can be found on the following page: Online.

Right of revocation and customer service

revocation instruction

right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day,

In the case of a contract of sale: where you or a third party designated by you, other than the carrier, have taken or have taken possession of the last goods.
In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: to which you or a third party other than the carrier designated by you have taken possession of the last goods.
In the case of a contract for the supply of goods in several instalments or pieces: in which you or a third party other than the carrier designated by you took possession of the last instalment or piece.
In the case of a contract for the regular delivery of goods over a fixed period: when you or a third party other than the carrier designated by you took possession of the first goods.
If several alternatives meet, the last time is decisive.

In order to exercise your right of withdrawal, you must inform us (Heshmati GmbH, Mohsen Heshmati Monazeh, Brook 9 22339 Hamburg 040 37503910 heshmati_carpet@yahoo.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form: https://www.deutsche-anwaltshotline.de/Documents/AGB-Generator/Muster-Widerrufsformular.pdf, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (with the exception of additional charges arising from your choice of a method of delivery other than the low-cost standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You must return or deliver the Goods to Heshmati GmbH, Mohsen Heshmati Monazeh, Brook 9 22339 Hamburg 040 37503910 heshmati_carpet@yahoo.de immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Agreement. The deadline is met if you send the goods before the expiry of the fourteen-day deadline.

The supplier shall bear the direct costs of the justified return of the goods in the event of revocation.

You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for testing their condition, properties and functionality.

End of the revocation instruction

Disclaimer

Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal.
This also does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.

Prohibition of assignment and pledging

Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a justified interest in the assignment or pledge.

Language, place of jurisdiction and applicable law

The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German. The law of the Federal Republic of Germany applies exclusively. This only applies to consumers insofar as no legal provisions of the state in which the customer has his residence or habitual abode are restricted. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

Severability clause

The invalidity of a provision of these GTC shall not affect the validity of the other provisions.