General Terms And Conditions

General Terms and Conditions of Business

General terms and conditions (GTC) for the online store of peppermint anime gmbh on the AKIBAPASS - website

§ 1 Scope and provider

(1) These terms and conditions apply to all orders for goods that you place in the online store of peppermint anime gmbh on the AKIBAPASS website. Other general terms and conditions require the explicit written consent of peppermint anime gmbh. The terms and conditions valid at the time of the order apply.

Your contractual partner for all orders in the online store on the AKIBAPASS website is

peppermint anime gmbh
Meglingerstrasse 56,
81477 Munich,
Germany

Managing directors: Patrick Keller and Volker Kirchmann

Register court: Local court Munich HRA 218860
Sales tax ID No: DE815565842
e-mail: info@akibapassshop.de

(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18. We do not offer products for purchase by minors. Our products can only be purchased in our online store by customers of full age. An order by minors is only possible with the cooperation and consent of a parent or guardian.

(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business also apply to companies, thus also to all future business relations, even if these are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.

(4) Contract language is exclusively German. German law shall apply to the exclusion of the UN Sales Convention.

(5) You can call up and print out the currently valid General Terms and Conditions on the website.

§ 2 Conclusion of contract

(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.

(2) By clicking the button "Buy now with obligation to pay" you submit a binding offer to purchase (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). This order confirmation does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the order confirmation.

(4) A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we send the goods to you - without prior express declaration of acceptance.

§ 3 Prices

The prices which are displayed on the Internet pages at the time of the binding order shall apply. All prices are indicated in EURO and include the legal value added tax and other price components. Shipping costs are added to these prices. Peppermint anime gmbh reserves the right to correct obvious errors.

§ 4 Terms of payment; default

(1) Payment shall be made by:

Paypal

The invoice will either be sent to you by e-mail or is included in the delivery package.

Ȁnderungen Your invoice address and delivery address must be sent to us without being asked.

(2) If you pay by credit card, the purchase price will be charged to your credit card at the time of the order.

(3) In the case of payment by direct debit, you may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.

(4) If you fall behind with a payment, you shall be obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter (both by e-mail and by post admissible) sent to you after the occurrence of the default, you will be charged at least a reminder fee of 5 EUR, unless you can prove a lower damage.

§ 5 Set-off / Right of retention

(1) You shall only be entitled to offsetting if your counterclaim has been legally established or is not disputed by us.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the delivery address specified by you. Ȁnderungen of your delivery address must be communicated to us without being asked.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:

- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.

- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Shipping conditions

The shipping (except express service) of the goods is usually carried out depending on availability 2 - 4 days (except weekends and holidays) after receipt of the order at peppermint anime gmbh.
For the shipping of goods from the online store of peppermint anime gmbh, the following costs will be charged The costs depend on the shipping method and special product features. The shipping costs of your delivery will be displayed in the order overview before you send your order.
Shipping and service costs

a) General shipping costs
With an order value of up to 50 Euro, a flat-rate shipping fee for the standard service of 3.99 Euro net is charged in Germany. For order values over 50 Euro there is no flat rate for shipping and handling.
For shipping outside of Germany, the following flat-rate shipping fee applies:
Austria: 10,00 Euro net

Switzerland: 13,00 Euro net

If several articles are purchased at the same time within one order, the flat-rate shipping fee is only charged once.
If several items are purchased at the same time within one order, the flat rate for the express service only applies once.
This service is only offered in Germany. Forwarding articles cannot be delivered by express service.
b) Forwarding goods/bulky goods
For items that have to be shipped separately by a forwarding agent or as bulky goods, a surcharge of up to 70.00€ will be charged in addition to the flat rate for shipping costs. The surcharge is raised thereby for each forwarding agent/ bulky goods article in each case once. If a delivery is made by a forwarding agent or as bulky goods, this will be indicated in the product description. The exact costs will be shown in the shopping cart as the sum of the shipping flat rate and the surcharge.
d) Separate delivery / partial deliveries
Additional shipping costs due to partial deliveries, which are due to the fact that items have to be packed or transported differently or that individual items are temporarily unavailable, will be invoiced to you separately.
e) Shipping to different delivery addresses
For shipping to different recipients with different delivery addresses, additional fees are charged for each additional address:
Standard delivery to 2 delivery addresses in total
5,90€
Standard delivery to 3 delivery addresses in total
8,85€

§ 8 Cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation

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

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must

Company: peppermint anime gmbh
Address: Meglingerstrasse 56
e-mail: info@akibapassshop.de

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the DHL return service for this purpose, but this is not mandatory.

In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is 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 you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for the purpose of checking their nature, properties and functioning.

Sample revocation form

If you want to cancel the contract, please fill out this form and send it back.

To
Company: peppermint anime gmbh
Address: Meglingerstrasse 56
e-mail: info@akibapasshop.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for paper notification)

Date

(*) Delete as applicable.

End of the cancellation policy

(1) The right of revocation does not apply (i) to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), (ii) in case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, (iii) in case of delivery of goods which can spoil quickly or whose expiration date would be exceeded quickly, (iv) in case of delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature, (v) in the case of delivery of newspapers, journals or magazines with the exception of subscription agreements or (vi) in the case of delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Please send us a short e-mail to announce the return before returning the goods. In this way you will enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.

§ 9 Transport damage / transfer of risk

(1) If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

(3) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods in the case of mail order purchases is transferred upon delivery of the goods to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the purchased goods to the customer. It is equal to the handover if the customer is in default of acceptance.

§ 10 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. In case of slightly negligent violation of secondary obligations that are not cardinal obligations, peppermint anime gmbh is not liable.

(3) In all other respects, the statutory provisions apply to the warranty.

(4) If you are an entrepreneur in the sense of § 14 BGB, the legal regulations apply with the following modifications:

- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.

- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods.

The punctual dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

- In the case of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.

- If the supplementary performance fails twice, you may at your option demand a reduction in price or withdraw from the contract.

- The warranty period is one year from delivery of the goods.

§ 11 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.

(2) The following limited liability shall otherwise apply: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

§ 12 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected. Instead of the invalid provision, the statutory provisions shall apply.

(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

(3) If you are a merchant, legal entity under public law or special fund under public law, the sole place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Munich.
(4) Reservation of the right to change
Peppermint anime gmbh reserves the right to make changes to its websites, regulations and conditions including these terms and conditions at any time. To your order the terms of contract and general terms and conditions valid at the time of your order are applicable.
(5) Disclaimer for external links
Peppermint anime gmbh refers on its pages with links to other pages on the Internet. For all these links peppermint anime gmbh expressly declares that it has no influence on the design and content of the linked pages. Therefore we dissociate ourselves hereby expressly from all contents of all linked pages of third parties and do not adopt these contents as our own. This declaration applies to all links shown and to all contents of the pages to which links lead.
(6) Image and copyright
All image rights are owned by peppermint anime gmbh or its partners. Any use without explicit consent is not permitted.
The website is owned and operated by peppermint anime gmbh, Munich.
The entire content of the website, including text, graphics, photos, images, moving images, sounds, illustrations and software is the property of peppermint anime gmbh, its licensees and/or content providers. All elements of the website, including the general design and content, are protected by copyright and other rights. Unless otherwise stated within the website, copying, editing, translation, storage, processing of the content, especially the use of the image and text material on platforms (such as eBay etc.) is not permitted.
(7) The details of the customer's order are stored by peppermint anime gmbh and are also contained in the confirmation email sent by peppermint anime gmbh, which can be printed out by the customer if required. The respective current version of these GTC is available to the customer at any time at http://akibapassshop.de/agb/. An order on this website can only be placed in German language.

Status: 20 February 2019