General Terms and Conditions
§ 1 Scope of application, customer information
The following general terms and conditions (GTC) govern the contractual relationship between Gurbaj Singh (India-Store.de) and consumers and entrepreneurs who purchase goods in our shop. We do not recognise any terms and conditions that contradict or deviate from our terms and conditions. The contract language is German.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the shopping cart. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 2a 🥭Special Provisions for Fresh Mangoes🥭
(1) Exclusion from Right of Withdrawal
In accordance with the statutory provisions, Mangos which can spoil quickly are excluded from the standard 14-day right of withdrawal. Details are also provided in our Cancellation Rights (Widerrufsbelehrung).
(2) 24-Hour Complaint Window
Because we cannot inspect the interior of each fruit and cannot guarantee its condition beyond the first day, any complaints regarding fresh mangoes must be reported within 24 hours of delivery. After this time, we cannot offer refunds or replacements. By ordering fresh mangoes, you acknowledge and accept this policy.
(3) Storage and Quality Assurance
After receiving fresh mangoes, it is your responsibility to store them appropriately and consume them before spoilage. We recommend inspecting the fruit immediately upon delivery and contacting us without delay if any damage or spoilage is detected.
§ 3 Customer information: Storage of the contract text
Your order with details of the contract concluded (e.g. type of product, price, etc.) is stored by us. However, you do not have access to your past orders via the Internet. We will send you the General Terms and Conditions, but you can also access them at any time via our website. If you wish to save the product description on our shop page for your own purposes, you can, for example, take a screenshot (= screen shot) at the time of ordering or alternatively print out the entire page.
§ 4 Customer information: Correction note
You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you of further correction options as you progress through the ordering process. You can also end the order process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment has been made.
§ 6 Statutory liability for defects and limitation period
(1) Statutory rights of liability for defects
Statutory warranty rights exist for our goods.
(2) Warranty towards consumers for used goods
Your claims for defects in used goods shall become time-barred one year after delivery of the sold item to you. Excluded from this provision are claims for damages, claims for defects that we have fraudulently concealed and claims arising from a guarantee that we may have assumed for the quality of the item. The statutory limitation periods apply to these excluded claims. In the event of a guarantee period, the longer period shall apply in favour of the buyer.
(3) Warranty towards entrepreneurs
Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. The following claims are excluded from this regulation
- for damages
- due to fraudulently concealed defects
- from any guarantee given
- recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness.
The statutory limitation periods apply to these excluded claims. In the event of a warranty period, the longer period shall apply in favour of the buyer.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damage resulting from injury to life, limb or health, guarantees or claims under the German Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to procure ownership of it for you. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Consumer information: Participation in a dispute resolution procedure
We are prepared to participate in a dispute resolution procedure before a recognized consumer arbitration board.
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