1. Scope & Consumer Information

           

1.1. We (AYANI GmbH) will execute your order according to the Terms and Conditions applicable at the time of the order. The Terms and Conditions of AYANI GmbH are available as their current version on our website www.ayani.co under the heading “Terms and Conditions”. Our Terms and Conditions shall apply exclusively for the entire business relationship.

1.2. English shall be the language for all negotiations and contracts. The following terms and conditions shall also apply exclusively for all foreign transactions.

1.3. Your contract and ordering details, as well as the text of the contract, will be stored by us – a direct access is not possible for security reasons. You will have the opportunity to sign up on our website via “My account” with your user name and your password, and thus to retrieve your profile, your address, your order history and process it, if necessary. Your personal access data are intended only for you and must not be disclosed for third-parties to access.

1.4. As part of the ordering process, you have the opportunity via our website to recognize and correct any entry mistakes before submitting the contract declaration, and before you click on “buy now”, by clicking on the highlighted button “Change”.

           

2. Registering a user account

           

2.1. The registration of a user account is only permitted for legal persons and for natural persons having legal capacity, natural persons and partnerships, as well as legal persons. Minors may not register. The registration of a legal person may only be carried out by an authorized natural person, who must be named.

2.2. When completing the registration application, provide truthful, accurate, current and complete information about the data requested in the registration forms. In the case of not fully completed registrations of member accounts, as well as in the case of discredited or incorrect information, we reserve the right to refuse the registration of a member, to cancel with immediate effect or to delete a member's account after a reasonable time.

2.3. Any disruption of our homepage or the further use of your user account outside the intended use provided for in these terms and conditions is prohibited. In particular, manipulation with the aim of causing harm, to completely or temporarily interfere with and affect the use of our website or to obtain unauthorized payments or to bring about other advantages to our disadvantage, are prohibited. Infringements will be pursued according to both civil as well as criminal laws.

2.4. In the event of a violation of §2.1 and §2.3 or concrete suspicion of such a breach, in which there is a danger of damage, we are entitled to freeze your user account immediately.

2.5. We are not obliged to accept your registration or your order. We are not obliged to permanently maintain the availability of our website, your account, or our E-shop. Already confirmed contracts shall remain unaffected, however.

2.6. You can delete your account at any time. Please also pay attention to our declarations on data protection and the cookies used by us. You will find our Privacy Policy as well as our Cookie policy as a link under "Privacy Policy" on our website www.ayani.co.

           

3. Conclusion of contract

           

3.1. Our offers are subject to confirmation and are non-binding. The presentations on our websites represent as such no legally binding offer. You can order from us via our website (Internet). When ordering via our website in the E-shop, by clicking on the button “buy now” you will issue a binding offer to conclude a purchase contract for the desired goods.

3.2. We are entitled to accept your offer within 5 calendar days by sending a confirmation of the contract (by post or email), as well as by carrying out the order. If your offer is not accepted by us within 5 calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.

           

4. Delivery

           

4.1. We ship goods to you domestically which are in stock no later than 2-5 working days after conclusion of the contract via Hermes. In the case of payment in advance, delivery times shall extend from the date of receipt of payment in our account. Differing delivery times shall be specified in the context of the item description.

4.2. Goods shipped from outside the Federal Republic of Germany and within Europe which are available are normally delivered within 4-10 working days.

4.3. If you order a product that was available in accordance with the article description, and we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.

4.4. We are entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we shall, of course, accept the additional shipping costs. No further costs shall arise for you.

4.5. The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which - taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of wilful intent or gross negligence, in case of assurances, or due to breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.

           

5. Right of withdrawal

           

Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these Terms and Conditions page.

           

6. Prices

           

All prices are amounts in Euros and include value added tax. Postage and shipping costs shall be added according to the following list (see §7).

           

7. Shipping and return costs (domestic and foreign)

           

7.1. Here you will find all information about shipping costs for deliveries.



Country

Cost of Shipping

Germany

Free

Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Hungary, Italy (except San Marino and Vatican City), Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain (except for the islands), Sweden

€10

Liechtenstein*, Switzerland* €20

 


*For shipments to destinations outside the European Union, import duties (customs duties) may apply. We accept no liability for any customs costs.

7.2.  If parcel was shipped within Germany, the return is free of charge for the customer. If parcel was shipped outside of Germany, the customer must send the item(s) to us using a shipping service of their choice. The cost of return is the customer's responsibility. We recommend using a trackable service and keeping your receipt. If a whole order is returned, we refund the original delivery cost.

          

    8. Terms of payment
          

      8.1. The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, we are entitled to charge interest at the rate of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to demand interest on compensation claims in the event of default at a rate of 8 percentage points above the base interest rate. We reserve the right to prove higher default losses caused by delay and to assert § 288 para. 3, 4 BGB.

      8.2. We accept payment by Sofort payment via Klarna, credit card and PayPal. In order to process your payments, we will transmit your data upon completion of your order via a safe connection to our payment service provider. If your place of residence is outside of Germany, payment is only possible in advance, by credit card and PayPal.

        a) Sofort payment via Klarna: here you pay the invoiced amount via the online service provider Klarna. You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.
          b) Payment via PayPal: here you pay the invoiced amount via the online service provider PayPal. You have to register with PayPal and/or be registered, so that you can legitimize your access data and confirm the payment instruction to us (exception is in the case of guest access, if applicable). You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.
            c) Payment by credit card: your credit card account will be debited immediately after completing the payment process. All entries and control checks relating to your payments will be carried out and saved by the payment processor.

              8.3. All payments are to be made without deductions to AYANI GmbH. A payment shall be deemed to have been made only after the amount is freely available to us.

              8.4. A set-off shall be excluded, unless the set-off claim is undisputed or has been legally established or acknowledged by us in writing. You can only exercise a right of retention insofar as the claims arise from the same contractual relationship. Exclusions do not apply if a counter-claim is made which emerges from a justified non-cash claim from a refusal of performance, or asserted rights due to a deficiency.

              8.5. General discount clause:

              1. a) discount codes cannot be taken into account in hindsight, unfortunately.
              2. b) discount codes do not apply for reduced articles.

                                     

                9. Warranty & liability

                             

                  9.1. Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the AYANI GmbH, Torstrasse 104, 10119 Berlin, Germany. Normal wear and tear of the goods do not justify a warranty claim.

                  9.2. The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.

                  9.3. We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.

                  9.4. Further claims, in particular for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.

                  9.5. The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the goods. If you are not a consumer, and have not purchased the goods only for private use, the risk of incidental loss and incidental deterioration of the goods shall pass to you upon delivery to the responsible person for shipment.

                  9.6. We exclude our liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we are liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, we and our vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterises the contract and upon which the customer can rely on.

                                         

                    10. Care

                                 

                      Please take note of the washing instructions, which you can find on the labels of the articles. If care instructions are not properly followed, modifications to the products have been made or care materials are used which we have discouraged, and/or were explicitly declared by us as non-compatible with the purchased item, or do not meet the minimum average quality claim, no warranty shall be granted.

                                             

                        11. Reservation of title

                                     

                          The delivered goods shall remain in our ownership until full payment has been made. If you come in arrears with the purchase price payment, we have the right to withdraw from the contract and to demand the surrender of the goods which have not yet been paid. You are obligated to handle the goods which have not yet been paid with care.

                                                 

                            12. Data protection, advertising via email

                                         

                              12.1. We adhere strictly to the privacy laws. You agree to the storage, processing and use of personal data you have submitted by your order according to the provisions of the Federal Data Protection Act (BDSG) for processing your order. We will save your order and address data for use in the context of order processing (including transmission to the order processing or shipping partner used), for any warranty claims and product recommendations to customers in accordance with the content of our privacy policy and the applicable laws on data protection. You can find our privacy policy as well as our Cookie policy as a link in the footer of our website www.ayani.co.

                              12.2. In the event of the conclusion of the contract, we will send you advertising for similar goods by email from time to time; if you do not wish to receive such promotional emails, you can refute the use of your email address by contacting the following email address: support@ayani.co.

                                         

                                13. Right to information/right of withdrawal and right of objection according to the Federal Data Protection Act (BDSG)

                                    You have the right to information, as well as under certain circumstances a right to correction, freezing/blocking and deletion of your data stored in our systems.

                                    Furthermore, you have a right to object to the processing or use of your personal data for advertising purposes or for market and opinion research, as well as for the trade with addresses and commercial data processing.

                                    You can always also object to the compilation, processing or use of your personal data if an evaluation shows that your legitimate interest because of your particular personal situation outweighs the interest of the responsible authority involved in the collection, processing or use of such data. This does not apply if legislation entitles or obliges this collection, processing or use of data.

                                    Furthermore, you basically still have the right to revoke a previously granted consent to collect, process and use your personal data at any time with effect for the future.

                                    Further information or explanations concerning data protection can be given by the company data protection officer of AYANI GmbH by email at support@ayani.co. Please also contact the data protection officer if you would like to exercise your right to objection or revocation according to the BDSG. You can find our privacy policy as well as our Cookie policy as a link in the footer of our website www.ayani.co.

                                               

                                      14. Applicable law

                                                   

                                        14.1. For all disputes arising from or as a result of this agreement, the law of the Federal Republic of Germany will apply under exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory provisions of in particular the State in which the customer as a consumer is ordinarily resident, shall remain unaffected.

                                        14.2. The place of jurisdiction for all claims arising from or due to this business relationship, including those from bills of exchange and cheques, is Berlin, insofar as you are a merchant in the sense of the commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court of jurisdiction responsible for your company headquarters.

                                                               

                                          15. Final provisions

                                                       

                                            Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Should a provision be wholly or partially ineffective, the Contracting Parties shall endeavour to achieve without delay the desired economic success despite the invalid provision in another legally permitted way.

                                              16. extra-judicial resolution per VSBG

                                                As of February 2017, a new regulation in the German law regarding alternative dispute regulation pertaining to consumers (VSBG) comes into effect. It provides that every consumer has the right to appeal to an extrajudicial arbitration board regarding disputes over a consumer contract if an amicable agreement between commercial entity and consumer cannot be found. Whether the commercial entity is obligated to participate in the extrajudicial dispute resolution is stipulated in the law.

                                                We hereby explicitly declare according to § 36 (1) No. 1 VSBG that we are not obligated to and therefore not willing to participate in an extrajudicial dispute resolution before a consumer arbitration service (VSBG).

                                                           

                                                  17. Service provider information

                                                               

                                                    AYANI GmbH

                                                    Torstrasse 104, 10119 Berlin, Germany

                                                    Managing Director: Ani Bagdasaryan

                                                    Commercial register: Berlin Charlottenburg HRB 195372 B

                                                    VAT ID No.: DE317964710

                                                    E-Mail: support@ayani.co

                                                    Phone: +49 (0) 176 97504913


                                                    Current status: March 2019


                                                                                                                                                                                                                                   

                                                    Right of withdrawal

                                                               

                                                    You have the right to withdraw from this contract within 14 days without giving reasons.

                                                    The withdrawal period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, took the goods in their possession.

                                                    In order to exercise your right of withdrawal, you must inform us by making a clear statement (e.g. a letter sent by email) of your decision to revoke this agreement. You can use the attached sample withdrawal form for this purpose, which is, however, not compulsory.

                                                    It shall be deemed sufficient to send notification expressing your wish to exercise the right of withdrawal before the withdrawal deadline expires.

                                                                                                                           

                                                    Consequences of withdrawal

                                                               

                                                    If you withdraw from this contract, we have to return all payments that we have received from you, including the delivery charges (except for the additional costs arising from a different type of delivery to that offered by us as the best standard form of delivery), without delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this contract was received by us. We shall use the same means of payment you used for the original transaction, unless otherwise expressly agreed with you; in any case, no charge will be made for this repayment. We can refuse to pay any refund, until we have received the goods back from you, or you have provided evidence that you have returned the goods, depending on which of these dates was earlier.

                                                    You shall return or hand over the goods promptly to us, in any case no later than fourteen days from the date on which you informed us about your withdrawal from this contract. The deadline shall be ensured, if you send back the goods before expiration of the fourteen day period. The immediate cost of returning the goods shall be borne by you.

                                                    You must only bear a possible loss in value of the goods if this loss in value is due to unnecessary handling to check the quality, properties and function of the goods.

                                                                               

                                                    Example of a withdrawal form

                                                    If you want to withdraw from the contract, you can complete this sample withdrawal form and send it back to us:


                                                    AYANI GmbH, Torstrasse 104, 10119 Berlin, Germany, email: support@ayani.co.

                                                    I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)

                                                        • Ordered on (*) / received on (*)
                                                        • Name of the consumer (s)
                                                        • Address of the consumer (s)
                                                        • Signature of the consumer (s) (only for communications on paper)
                                                        • Date __.__.____

                                                      (*) Delete as appropriate.