General Terms And Conditions

General Terms And Conditions:

 

1  Acceptance of Terms and Conditions

Your access to and use of “Affinity” is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2  Credit card details

“Affinity” will never ask for Credit Card details and request that you do not enter it on any of the forms on “Affinity”.

3  Advice

The contents of “Affinity” website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

4  Change of Use

“Affinity” reserves the right to:
4.1  change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that “Affinity” shall not be liable to you for any such change or removal and.
4.2  change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5  Links to Third Party Websites

“Affinity” Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6  Copyright 

6.1  All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to “Affinity” or otherwise used by “Affinity” as permitted by law.
6.2  In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7  Disclaimers and Limitation of Liability 

7.1  The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2  To the extent permitted by law, “Affinity” will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3  “Affinity” makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of “Affinity” for death or personal injury as a result of the negligence of “Affinity” or that of its employees or agents.
7.5   The pictured products can deviate from the images.
7.6  There can be delays of delivery. If this occurs, an information will be given to you as soon as possible.
7.7  The restoration of individualized products is not possible.
7.8   Every product is sold “as is”, without warranty and guarantee of any kind, except damages due to production related defects.

8  Indemnity

You agree to indemnify and hold “Affinity” and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against “Affinity” arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

9  Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

10  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the German laws and you hereby submit to the exclusive jurisdiction of the Germany courts.

 

For any further information please email to:
info@affinity-design.de

 

Statutory right of withdrawal

If the customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered. In order to exercise the statutory right of withdrawal, the customer must notify “Affinity” (Alessa Donderer, Ostertorsteinweg 12, 28203 Bremen, Telefon 01798275764, E-Mail: info@affinity-design.de) of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.

Consequences of withdrawal

If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.

 

The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.

 

The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.

Exclusions from the statutory right of withdrawal

The statutory right of withdrawal shall not apply in the following cases:

  • o Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
  • o Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.