I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as a provider (Jim Tichatschek) via the website ethnotek.de. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
2. Consumers within the meaning of the following conditions shall be any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed occupation. Entrepreneur is any natural person or legal entity, or company with legal personality who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of the contract
(1) The object of the contract is the sale of goods.
(2) By listing of the respective product on our website we already submit a binding offer to conclude a purchase contract to the conditions stated in the article description.
(3) The purchase contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the shopping cart. You can use the corresponding button in the navigation bar to call up the shopping cart and make changes at any time.
After entering the Cash page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (eg PayPal / PayPalExpress / PayPalPlus, Amazon Payments, Postpay, Sofortüberweisung (KLARNA), you will either be taken to the order overview page in our online shop or you will be sent to the website of the supplier of the instant payment system.
If you are forwarded to the respective instant payment system, make the corresponding selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the possibility to check, change (also via the function back of the internet browser) or cancel the purchase.
By sending the order via the order to pay button, you declare legally binding the acceptance of the offer, whereby the purchase contract is concluded.
Part of the purchase agreement is the consent to receive emails to fulfill the contract. Part of the purchase agreement is also the consent to use your e-mail address to send the newsletters, if the newsletter advertises similar goods from our range and you have not rejected the newsletter mailing.
(4) Your requests for the creation of an offer are not binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. Therefore, you have to ensure that the e-mail address you provided with us is correct; the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply:
a) We reserve the right to ownership of the goods until the full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you incur from the resale, we accept the assignment. Further, you are authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
c) In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of the processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. The choice of collateral to be released is our responsibility.
§ 4 Warranty
(1) The statutory liability for defects apply.
(2) If you are an entrepreneur, the following applies mutatis mutandis to paragraph 1:
a) As porperties of the goods only our own specification and the product description of the manufacturer apply as agreed, but not other advertising, public praises and utterances of the manufacturer.
b) You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us in writing of any obvious defects within 7 days from receipt of the goods; This also applies to later discovered hidden defects from the point of discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation of examination and notification.
c) In the event of defects, we shall, at our option, ensure warranty by repair or replacement. If the rectification of the defect fails, you may, at your choice, demand a reduction or withdraw from the contract. The defect removal shall be deemed to have failed after the second attempt has been unsuccessful, except that something other results from the nature of the defect or the other circumstances. In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB.
§ 5 Liability
(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the condition of the purchased item and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) Insofar as essential contractual obligations are concerned, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract and to which you can regularly rely.
(4) In case of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(5) According to the current state of the art, data communication over the Internet cannot be guaranteed without errors and / or at any time available. We are not liable for the continuous or uninterrupted availability of the website and the offered services.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice is valid only insofar as the protection afforded by mandatory provisions of the law of the State of the habitual residence of the consumer is not withdrawn (favourability principle).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods do explicitly not apply.
II. Customer information
1. Identity of the seller
Jim Tichatschek (Gustavo Trading GmbH & Co. KG)
22763 Hamburg, Germany
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the corrective measures shall be made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not recorded by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally required information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotations outside the online shopping basket system, you will receive all contract data by e-mail, which can be printed or electronically secured.
4. Codes of Conduct
4.1. We have subjected ourselves to the Buyer's Quality Criteria of the dealership management AG and thus the Ecommerce Europe Trustmark Code of Conduct subject to: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http: //www.ecommerce-europe.eu/website/trustmark/code-of-conduct/haendlerbund
5. Main characteristics of the goods or service
The essential characteristics of the goods and / or service can be found in the article description and the supplementary information on our website.
6. Prices and terms of payment
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. The shipping costs can be accessed through a corresponding button on our website or in the respective article description, and will be separately indicated in the course of the ordering process and shall be borne by you if free shipping is not offered.
6.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective article description.
6.4. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due immediately.
7 Terms of delivery
7.1. The delivery terms, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective article description.
7.2. As far as you are a consumer it is legally regulated that the risk of the accidental destruction and the accidental deterioration of the sold product during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have ordered a transport company or a person appointed otherwise to carry out the dispatch, not designated by the company, independently.
If you are an entrepreneur, delivery and dispatch will be at your risk.
Right of Withdrawal for consumers
(Consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to his commercial or self-employed occupation.)
Right of Withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons. The revocation period shall be fourteen days from the date,
- in which you or a third party you designate, which is not the carrier, have or has taken possession of the goods, provided that you have ordered one or more goods under a single order and are delivered in a uniform manner;
- on which you or a third party you designate, which is not the carrier, have or have had taken possession of the the last goods, provided that you have ordered several goods under a single order and are delivered separately;
- on which you or a third party you designate which is not the carrier, have or have taken possession of the final part or the last piece, provided that you have ordered a product which is delivered in several consignments or pieces;
In order to exercise your right of revocation, you must inform us (Jim Tichatschek, Friedensallee 120, 22763 Hamburg, telephone number: +49 40 50037691, e-mail address: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post, Fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.
We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days.
You bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss in value is attributable to the handling of the goods which is not necessary to examine the quality, characteristics and functioning of the goods.
Exclusion and extinction grounds
The right of revocation does not exist with contracts
- in order to the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or purpose by the consumer or which are clearly tailored to the personal needs of the consumer;
- in order to deliver goods which are likely to deteriorate rapidly or whose expiry date would be quickly exceeded;
- in order to the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract but which may be delivered at the earliest 30 days after the conclusion of the contract and the actual value of which depends on fluctuations on the market to which the entrepreneur has no influence;
- for the delivery of newspapers or magazines, with the exception of subscription contracts.
The right of revocation expires prematurely in the case of contracts
- for the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the supply of goods which, by reason of their nature, are inseparably mixed with other goods;
- to deliver sound or video recordings or computer software in a sealed package when the seal has been removed after delivery.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and return it.)
- To Jim Tichatschek, Friedensallee 120, 22763 Hamburg, Germany, E-mail address: email@example.com:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Appointed on (*) / received on (*)
- name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
§ 8 Statutory right of deficiency
8.1. The defect liability for our goods is subject to the Warranty regulation in our General Terms and Conditions (Part I).
8.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify us as as well as the freight forwarder soon as possible. Failure to do so will have no effect on your statutory warranty claims.
Identity of the person to whom the statutory claims for defects can be made:
Jim Tichatschek (Gustavo Trading GmbH & Co. KG)
22763 Hamburg, Germany
§ 9 Guarantee
9.1. In addition to the guarantee claims described in item 9, ETHNOTEK grants you an additional free warranty on possible material or processing errors, as long as there is no exception according to point 9.2.
1 year warranty for all components of the artisans.
These components are warranted for one year from the date of purchase.
2-year guarantee for all industrially-manufactured components.
A manufacturer's warranty of 2 years applies to material fatigue. The nylon or recyling-PET base material, the seams, buckles and zippers.
30 years guarantee for the bodies of the products Raja 46, Raja 30, Acaat Messenger.
Model number: RJ-46-BDY-46-00x, RJ-30-BDY-30-00x, AC-MS-BDY-00x
The basic material of Raja 46, Raja 30 and the Acaat Messenger by Ethnotek are made of 840d strong ballistic nylon and designed to withstand high loads over a long period of time.
The bodies of the Raja 46, Raja 30 and Acaat Messenger products have a 30-year warranty from date of purchase. This warranty covers any material or workmanship of the nylon base material, as well as zippers, buckles, seams, and other applications for these 3 products.
9.2. The warranty does not include:
Damage and / or defects caused by ordinary wear such as, for example, dissolving coating (peeling) and discoloration of the fabric. The handmade components consist of natural fibers which can change in color and shape. Natural tear and wear is not a guarantee claim, but a characteristic of the natural materials cotton, hemp and bamboo fiber,
Damage caused by external forces (such as holes, cracks or cuts in the fabric).
Damage caused by improper care of the bag, e.g. Dryer or washing machine, as well as cosmetic damage (such as stains, scratches, or holes).
Other damages caused by travel carriers or other transit damages (such as damage caused by pressure, cracks, cuts and extinguishers in the fabric, damage to buckles, handles or other pocket accessories).
If changes to our products are made or parts are replaced, the guarantee does not apply to defects caused by the change.
A good question to consider in the case of damage: Has Ethnotek made a mistake in selecting the materials or processing, or has the damage has been caused by another reason.
In the latter case, our cheap repair service is the right choice or it may just be time for a new bag.
9.3 Transferability of guarantee
The guarantee for Ethnotek products is valid in combination with proof of purchase. Together with the proof of purchase the guarantee is transferable.
9.4 Guarantee provider
Identity of the person to whom the guarantee claims can be made:
Jake Orak - Ethnotek LLC
4842 Sheffield Lane
Eagan, MN, 55122, USA
Jim Tichatschek (Gustavo Trading) is authorized to act as a representative, but is not obliged to process the warranty claims.
9.5 Warranty procedure.
For a guarantee, send us photos of the defect and the purchase order / order ID in a short e-mail to firstname.lastname@example.org.
If Ethnotek agrees that the damage is not in accordance with the guarantee exemptions in paragraph 9.2. ETHNOTEK is responsible for the repair costs and we restore the functionality in a short time.
We always try to repair the product first. If this is not possible you get a new one, if the product is not available anymore, you get a voucher over the purchase price. A refund of the purchase price is excluded under the guarantee.
§ 10. Final Information
These General Terms and Conditions and Customer Information were compiled by law enforcement lawyers of ITC and are constantly being examined for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
Last updated: 01.09.2017