ATMAN BUDDHI CENTRUM
ATMAN BUDDHI CONCENTRATION & KOSMOSOFIE
Venloer Str. 56, 47638 Straelen, Germany · +49 (0)173 2328579
abc.kosmosofie@gmail.com · www.abc-kosmosofie.com · VAT ID DE320975759
1. Scope
1.1. These general terms and conditions apply to all offers, orders, sales, deliveries and agreements of ATMAN BUDDHI CENTRUM, hereinafter referred to as ABC.
1.2. These terms apply both to business customers, including resellers and wholesalers, and to private consumers.
1.3. Where different statutory rules apply to business customers than to consumers, this is stated separately.
1.4. Deviations from these terms are only valid if confirmed in writing by ABC.
1.5. Mandatory statutory consumer rights always remain in force.
2. Orders and conclusion of contracts
2.1. Orders can be placed in the shop, through the webshop, by e-mail, by telephone or at fairs and events.
2.2. An order is binding as soon as ABC has expressly accepted it or has started carrying it out.
2.3. ABC reserves the right to refuse an order if products are not available, details are incorrect or there are well-founded reasons not to deliver.
2.4. If a product is not available, the customer will be informed as soon as possible.
3. Prices and minimum order
3.1. All consumer prices include the applicable VAT, unless expressly stated otherwise.
3.2. Wholesale prices and business price lists are stated excluding VAT.
3.3. The applicable VAT is calculated in accordance with the statutory regulations in force.
3.4. Business wholesale orders are subject to a minimum order value of €50 excluding VAT, unless agreed otherwise in writing. This minimum does not apply to private consumers.
3.5. The recommended retail prices for ABC products are intended solely as a non-binding guideline. Resellers set their own selling prices independently.
3.6. ABC reserves the right to change prices. Orders that have already been confirmed are not affected, unless statutory provisions or a further agreement require otherwise.
4. Shipping and delivery
4.1. Orders can be collected from the shop during regular opening hours. Outside these hours, collection is only possible by telephone appointment.
4.2. If collection is not possible, orders are shipped by DPD or another suitable carrier.
4.3. No standard shipping costs are charged for orders with a value above €350 excluding VAT, insofar as the destination and shipping method qualify.
4.4. ABC aims to process orders on the next working day. Depending on availability, orders are usually shipped within one week.
4.5. Stated delivery times are indicative, unless a binding delivery date has been expressly agreed in writing.
4.6. For business customers, the risk of loss or damage during transport in principle passes when the goods are handed over to the carrier. For consumers, the risk only passes when the consumer or a third party designated by them has actually received the goods, unless the consumer has chosen a carrier not offered by ABC.
4.7. For international deliveries, any import duties, import VAT, customs and clearance costs are borne by the party that has to bear them under the delivery terms agreed in advance.
5. Payment terms
5.1. New business customers are in principle supplied after full payment in advance.
5.2. Existing business customers have a payment term of 14 days from the invoice date, unless agreed otherwise in writing.
5.3. Private consumers pay according to the payment method and conditions stated with the order.
5.4. For business customers who do not pay on time, ABC may apply the following reminder procedure:
- After 14 days: first payment reminder.
- After 30 days: second payment reminder.
- After 45 days: final written payment reminder.
- After 60 days: referral to a debt collection agency or legal representative.
5.5. In the event of late payment, the statutory default interest and reasonable collection costs may be charged. For business customers, where the statutory conditions are met, the statutory flat-rate compensation for extrajudicial collection costs also applies.
5.6. Consumers are only charged costs and fees that are permitted by law.
5.7. If a business customer does not pay on time, ABC reserves the right to supply subsequent orders only against payment in advance. The customer will be informed of this in writing or by e-mail.
6. Retention of title
6.1. All goods delivered remain the property of ATMAN BUDDHI CENTRUM until the full purchase price of the goods concerned has been paid.
6.2. As long as the goods have not been paid in full, the business customer is not entitled to transfer them to third parties as security or to pledge them.
6.3. In the event of late payment, ABC may exercise its rights under the retention of title in accordance with the statutory provisions.
6.4. Statutory consumer rights remain unaffected.
7. Complaints, transport damage and defects
7.1. If an order is not delivered, or is delivered incomplete, incorrect or damaged, we ask the customer to report this to ABC as soon as possible.
7.2. We ask that visible transport damage and discrepancies be reported preferably within 48 hours of receipt, with photos where possible. This period does not limit the statutory rights of consumers or business customers.
7.3. For consumers, the statutory rights regarding conformity, warranty and repair or replacement remain fully in force.
7.4. Business customers must report visible defects and transport damage within a reasonable period after receipt. For business customers, the statutory duties to inspect and give notice of defects apply where applicable.
7.5. The packaging of a product is not in itself grounds for a product complaint if the product itself is undamaged. This does not affect any statutory rights.
7.6. In the case of a justified complaint, ABC will look for a suitable solution, for example repair, replacement, a price reduction or a refund, depending on the applicable statutory rules.
8. Returns and withdrawal
8.1. Business customers have no general statutory right of withdrawal. Returns by business customers are only accepted with ABC's prior written consent, unless mandatory law provides otherwise.
8.2. For distance contracts and off-premises contracts, consumers have a right of withdrawal within 14 days, insofar as this applies by law.
8.3. Purchases in the physical shop do not automatically carry a statutory right of withdrawal. For purchases at fairs, this likewise depends on the legal classification of the place of sale and the circumstances of the agreement.
8.4. The separate information on the right of withdrawal and the model form are included in the section 'Right of withdrawal for consumers'.
8.5. In the event of a valid withdrawal, the direct cost of returning the goods is borne by the consumer, provided they were correctly informed of this in advance.
8.6. The statutory right to repair, replacement or a refund for defective products remains fully in force.
9. VAT and international deliveries
9.1. Deliveries within Germany are subject to the applicable German VAT.
9.2. Different VAT rates may apply to books and other goods. The applicable rate is shown on the invoice.
9.3. Business customers in other EU member states may, under certain conditions, make use of a VAT-exempt intra-Community supply.
9.4. For this, among other things, a valid VAT identification number must be provided and the cross-border transport must be demonstrable.
9.5. For deliveries outside the European Union, import duties, import VAT and other customs charges may be payable. How these are divided is determined by the agreed delivery terms.
10. Liability
10.1. ABC is liable in accordance with the applicable statutory provisions.
10.2. ABC is not liable for damage caused by incorrect or careless use, or use that does not follow the product instructions.
10.3. ABC's liability cannot be excluded or limited in cases of intent, gross negligence, personal injury, mandatory statutory product liability or other cases in which exclusion is not permitted by law.
10.4. To the extent permitted by law, liability for a simple negligent breach of a non-essential contractual obligation is limited to the foreseeable, typical damage.
10.5. Statutory consumer rights remain fully in force.
11. Product safety and use
11.1. The customer must use products carefully and in accordance with the enclosed instructions for use and safety instructions.
11.2. Never place an ABC light instrument, ABC sphere or other strongly spherical glass product in direct sunlight.
11.3. Because of the spherical, convex surface, sunlight can be concentrated into a focal point. This can cause a fire.
11.4. ABC is not liable for damage caused by safety instructions being deliberately or carelessly ignored, to the extent that such a limitation is permitted by law.
12. Force majeure
12.1. ABC is not liable for delays or for failure to fulfil obligations as a result of circumstances beyond its reasonable control.
12.2. These include, among others, natural disasters, fire, war, strikes, serious transport problems, government measures and disruptions in supply by suppliers.
12.3. ABC will inform the customer as soon as possible if such circumstances affect delivery.
13. Applicable law and disputes
13.1. German law applies to agreements with business customers, to the extent permitted by law.
13.2. For business customers, the competent court in Germany is the agreed place of jurisdiction, to the extent permitted by law.
13.3. For consumers, the applicable statutory rules on jurisdiction and consumer protection apply. A choice of German law does not deprive consumers of the mandatory protection to which they are entitled under the law of their habitual residence.
13.4. If a provision of these terms proves to be invalid, the remaining provisions remain in force. The statutory provision then takes the place of the invalid provision.
14. Contact
We value an open, honest and personal relationship with our customers.
Do you have questions, comments or complaints? Please feel free to contact us.
ATMAN BUDDHI CENTRUM
Venloer Str. 56, 47638 Straelen, Germany
Telephone: +49 (0)173 2328579
E-mail: abc.kosmosofie@gmail.com
Website: www.abc-kosmosofie.com
Right of withdrawal for consumers
This section applies only to consumers who have a statutory right of withdrawal for distance contracts or off-premises contracts.
1. Right of withdrawal
You have the right to withdraw from the agreement within 14 days without giving any reason.
2. Withdrawal period
The withdrawal period is 14 days from the day on which you, or a third party other than the carrier designated by you, take physical possession of the goods.
For an order of several goods delivered separately, the period starts on receipt of the last item.
3. Exercising the right of withdrawal
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the agreement by an unequivocal statement.
You can, for example, send a letter or an e-mail to:
ATMAN BUDDHI CENTRUM
Venloer Str. 56, 47638 Straelen, Germany
E-mail: abc.kosmosofie@gmail.com
You may also use the model form below. This is not obligatory.
4. Effects of withdrawal
If you withdraw from the agreement, we will refund all payments received from you, including the costs of standard delivery.
Any additional costs resulting from your choice of a more expensive type of delivery than our cheapest standard delivery will not be refunded.
The refund will be made no later than 14 days after we have received your notice of withdrawal.
We may withhold the refund until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
5. Returning the goods
You must send back or hand over the goods to us no later than 14 days after notifying us of your withdrawal. The deadline is met if you send back the goods before the period of 14 days has expired.
You bear the direct cost of returning the goods.
6. Diminished value
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. Exceptions
The statutory right of withdrawal has exceptions, for example for certain personalised products and other categories defined by law.
Model withdrawal form
To:
ATMAN BUDDHI CENTRUM
Venloer Str. 56, 47638 Straelen, Germany
E-mail: abc.kosmosofie@gmail.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Product(s): ______________________________
Ordered on (*) / received on (*): ______________________________
Name of consumer(s): ______________________________
Address of consumer(s): ______________________________
Date: ______________________________
Signature (only if this form is notified on paper): ______________________________
(*) Delete as appropriate.