General Terms and Conditions

§ 1 Scope of application

The following terms and conditions apply to all contracts that we conclude with consumers based on orders placed via our online store at www.deinekleinmarkthalle.de.

§ 2 Conclusion of contract

(1) The product offers presented in our online store are non-binding and are not offers in the legal sense. By clicking on the “Add to shopping cart” button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. Before placing an order, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking on the button “order with obligation to pay”, the customer submits a binding offer to conclude a purchase contract. After placing the order, the customer receives an automatically generated e-mail from us confirming receipt of the order and providing details of the order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract. A contract is only concluded when an order confirmation is sent or the goods are delivered.

(2) The customer can save or print these General Terms and Conditions at any time by confirming the “Save” or “Print” button. The customer can save and/or print out the content of his order immediately after placing his order or view it later at any time via the “My Account” function. Furthermore, we will provide the customer with the contractual provisions, including these General Terms and Conditions, in text form at the latest upon delivery of the goods.

(3) The customer assures that all information provided by him when ordering or registering in the online store (e.g. name, address, e-mail address, bank details, etc.) is truthful. We must be informed immediately of any changes.

(4) The contract language is exclusively German.

§ 3 Prices, shipping costs

(1) The prices quoted in our online store include the statutory value added tax.

(2) Shipping is at the customer’s expense. An overview of the shipping options and the resulting shipping costs can be found under the link Payment and shipping The shipping costs are also displayed to the customer on the overview page before placing the order.

§ 4 Payment

(1) Payment shall be made at the customer’s discretion by advance payment, Paypal or credit card.

(2) The customer shall only be entitled to offset claims that are undisputed by us or have been legally established against us. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 5 Delivery

If an ordered item cannot be delivered because we are not supplied by our supplier through no fault of our own despite the supplier’s contractual obligation, we shall be entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available and reimburse any payments already made without delay.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us (Majid Heleichi, Hasengasse 7, 60311 Frankfurt am Main, Deutschland, hallo@deinekleinmarkthalle.de, Phone: 069285094) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to a defect in the quality, properties and functionality of the goods that is not attributable to a fault on your part.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us)

– To Majid Heleichi, Hasengasse 7, 60311 Frankfurt am Main, Germany, hallo@deinekleinmarkthalle.de
– I/we (*) hereby cancel 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)
– Signature of the consumer(s) (only for notification on paper)
– Date

(*) Delete as appropriate.

Deviating return costs regulation for Germany
We will bear the direct costs of returning the goods if the return is made within Germany.

Note on the right of withdrawal

In accordance with § 312 g BGB, the right of withdrawal does not apply to the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts: Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, contracts for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded, contracts for the supply of sealed goods, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature, contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which must be returned no earlier than 30 days after the conclusion of the contract, contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which must be returned no earlier than 30 days after the conclusion of the contract.

The following are contracts for the supply of goods which can be delivered within a few days of the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control, contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts”

§ Section 7 Retention of title

(1) The delivered goods shall remain our property until they have been paid for in full.

(2) The customer must inform us immediately after becoming aware of any access by third parties to the goods subject to retention of title.

§ 8 Warranty rights

(1) All claims for defects shall become time-barred 2 years after delivery.

§ 9 Liability for damages

The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory requirements for claims.

(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.

(2) Insofar as we are liable for simple negligence pursuant to para. 1, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time the contract was concluded.

(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for statutory claims.

(4) The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use to fulfill the contract.

§ 10 Data protection

(1) We collect and store the customer’s data required for business transactions. We comply with the statutory provisions when processing the customer’s personal data. Further details can be found in the privacy policy available on our website.

(2) The customer may request information about the personal data stored about him/her at any time.

(3) NEWSLETTER: We use the list provider MailChimp to send our newsletter. MailChimp is an offer from The Rocket Science Group, LLC, 512 Means Street, Ste 404 Atlanta, GA 30318.

If you register for our newsletter, the data (your email address) that you provide when registering for the newsletter will be transmitted to MailChimp and stored there. After registering, you will receive an email from MailChimp to confirm your registration (“double opt-in”). MailChimp offers extensive analysis options about how the newsletters are opened and used. These analyses are group-related and are not used by us for individual evaluation. MailChimp also uses the Google Analytics analysis tool and may integrate it into the newsletter. Further details on Google Analytics can be found in the section “Web analytics using Google Analytics”.

Further information about MailChimp and data protection at MailChimp can be found here: http://mailchimp.com/legal/privacy/

(4) WEB ANALYSES USING GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service of Google Inc, Mountain View, California, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.

The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Further information on Google’s privacy policy can be found here:http://www.google.de/intl/de/privacy/

§ 11 Applicable law

The law of the Federal Republic of Germany shall apply to the terms and conditions and the entire legal relationship between us and our contractual partners, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 12 Final provisions

(1) This contract contains all agreements made between the parties regarding the subject matter of the contract. There are no verbal collateral agreements.

(2) Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

§ 13 Provider identification, summonable address

Our address for complaints and other declarations of intent as well as our summonable address is:

Persian and Asian Specialties
Hasengasse 7
Kleinmarkthalle Stand 74-75
60311 Frankfurt am Main
Phone and fax: 069-285094
E-Mail hallo@deinekleinmarkthalle.de
Owner: Majid Heleichi
VAT ID No. DE 91536207982
Tax number. 1482632531

Bank details

Account holder: Majid Heleichi
Bank: Frankfurter Volksbank
SWIFT: FFVBDEFF
IBAN: DE02501900006400012952