Last modified: 04/01/2022
Please read these terms and conditions carefully before using the Afrosmartshop Platform. By using the Afrosmartshop Platform, you agree to be bound by these Terms. We offer a wide range of Afro products.
1.1. The following general terms and conditions apply exclusively to the business relationship between Afrosmartshop, Calwer Str. 8/1, 75395 Ostelsheim (hereinafter “seller”) and the customer (hereinafter “customer”) version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
The purchase contract is concluded with Afrosmartshop.com
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation email.
2.1 Afrosmartshop.com offers sellers, particularly but not exclusively in close proximity to customers, a platform on the Internet to sell goods and services to consumers, as well as other services for using the afrosmartshop platform .com.
2.2 Customers have the opportunity to purchase goods and services on the platform.
2.3 Users also have the option of creating a free user account.
2.4 Afrosmartshop only provides the technical possibility for sellers and customers to use the platform. The contract for the goods and services offered by the seller is concluded directly between the seller and the customer. Afrosmartshop is expressly not a party to agreements made between the seller and the customer. The users involved are solely responsible for fulfilling the obligations arising from these agreements.
2.5 The details, in particular the essential characteristics of the products and services.
2.5.1 for sellers can be found in the product descriptions and the additional information on afrosmartshop.com.
2.5.2 for customers can be found in the product descriptions, as well as the additional information in the respective advertisement.
2.6 The offers made to sellers are non-binding and do not constitute a binding offer to conclude a contract.
– The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
– All offers are valid “while stocks last” unless otherwise noted on the products. Errors excepted.
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.
3.1 The option to register as a seller on afrosmartshop.com is aimed exclusively at entrepreneurs within the meaning of §14 BGB who use the services as part of their self-employed, professional or commercial activity.
3.2 Afrosmartshop regularly checks the entrepreneurial status of the dealer before the contract is concluded.
3.3 Afrosmartshop reserves the right to request proof of the entrepreneurial status from the seller before and during the execution of the contract.
3.4 Seller can read vendor agreement here
3.5. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
3.6. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
3.7 Customers who are entrepreneurs can receive the contractual documents by e-mail, in writing or by referring to an online source.
– The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the completion of the ordering process within the shopping cart by clicking on the [Continue to checkout] button.
– The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Order with obligation to pay] button. Before sending the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
– The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller sends the ordered product to the customer within 2 days, hand it over or the shipment arrives confirmed to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. The acceptance can also be confirmed by a payment request addressed to the customer by the seller and at the latest by the completion of the payment transaction. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.
– In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation is seven days instead of two.
– If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payments is therefore made for a maximum of 10 calendar days.
– All prices stated on the seller’s website include the applicable statutory sales tax.
– In addition to the prices shown, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.
In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
4.1 The customer has the option of registering for a user account for afrosmartshop.com.
4.1.1 To do this, the customer clicks on the button labeled “Register” on afrosmartshop.com and enters his personal data (email address and password). Before pressing the button labeled “Create new customer account”, the customer has the option of correcting or deleting his entries at any time or canceling the registration by closing his browser window or selecting the “back” function in his browser.
4.1.2 By clicking the “Create new customer account” button, the user submits a binding offer to conclude a contract for the provision of a user account.
4.1.3 Afrosmartshop accepts the customer’s offer by sending a confirmation email within a period of 2 days to the email address provided by the customer. When the customer receives this email, the contract for the provision of the user account between Afrosmartshop and the customer is concluded.
4.1.4 If the customer has not received a corresponding message within this period, he is no longer bound to his order. In this case, any services already rendered will be reimbursed immediately.
4.2 The seller has the option to set up a shop on Afrosmartshop and sell goods and services to customers.
4.2.1 To do this, the retailer on afrosmartshop.com presses the button labeled “Register” and enters his shop data. Before pressing the button labeled “Create new customer account”, the seller has the option of correcting or deleting his entries at any time or canceling the registration by closing his browser window or selecting the “back” function in his browser.
4.2.2 By clicking the “Create new customer account” button, the dealer submits a binding offer to conclude a contract for the creation of a web shop.
4.2.3 Afrosmartshop accepts the dealer’s offer by sending a confirmation email within 2 days to the email address provided by the dealer. When the dealer receives this email, the contract for the provision of the web shop between Afrosmartshop and the seller is concluded.
4.2.4 If the seller has not received a corresponding message within this period, he is no longer bound to his order. In this case, any services already rendered will be reimbursed immediately.
4.3 The customer has the opportunity to order chargeable products from the seller via afrosmartshop.com. The order process is based on the information provided by the individual seller.
4.4 The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail and is partly automated. The user must therefore ensure that the e-mail address he has provided is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
– If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
– If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
– If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
– Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
– In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods passes to the buyers as soon as the seller hands over the goods to the carrier, carrier or other person responsible for carrying out the shipment or has extradited institution; the specified delivery dates and deadlines, subject to other commitments and agreements, are not fixed dates.
– Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller are not the responsibility of the seller towards customers who are entrepreneurs, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to extend the deadline applies to customers who are entrepreneurs, even in cases of unforeseeable events that affect the operation of a sub-supplier and are not responsible for either the sub-supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay cannot be expected of the customer, he can withdraw from the contract in writing after a reasonable period of time to be set by him or after mutual consultation with the seller.
– The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
– If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
– Third-party providers are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
– If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory interest on arrears.
– The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
– The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
The following payment methods are generally available in our shop:
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
When placing the order, enter your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Immediately by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order to us. You’ll get more information during the ordering process. Immediately afterwards, the payment transaction will be carried out by Sofort and your account will be debited.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option.
Please note that Klarna invoices are only available for consumers and that payment must be made to Klarna.
When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days.
The complete terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
5.1 The use of afrosmartshop.com is basically free for customers.
5.2 The prices quoted by Afrosmartshop to the sellers for Afrosmartshop services are final prices. They include all price components including all applicable taxes.
5.3 The seller will receive a VAT invoice by email.
5.4 Unless otherwise stated for the individual payment methods, Afrosmartshop’s payment claims from the contract concluded with the seller are due for payment immediately.
5.5 Merchants are obliged to deposit a valid PayPal account (PayPal Secure Chained Transaction System) and valid bank details in their user account at all times, since all transactions are processed using one of these two payment methods. When using PayPal, the corresponding fees may be incurred by PayPal.
The delivered goods remain the property of the seller until full payment has been made.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full; The buyer is obliged, as long as ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item created through processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. Access by third parties to the goods owned or co-owned by the seller must be reported by the customer immediately. The customer bears the costs of such interventions for a third-party objection action or costs for an extra-procedural release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns the claims arising from the resale or any other legal reason in relation to the reserved goods (including all current account balance claims) to the seller in full as a precaution. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the event of a risk of realization by more than 50%). The seller is responsible for selecting the securities to be released. With the settlement of all of the seller’s claims from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The seller is responsible for selecting the securities to be released.
6.1 Afrosmartshop provides afrosmartshop.com with an average annual availability of 99.9%.
6.2 This does not include times used to maintain the afrosmartshop.com servers and any downtime for which Afrosmartshop is not responsible.
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The sale of the following product groups is prohibited:
7.1 Weapons and weapon accessories, including deactivated firearms, ammunition, hand grenades (even if sold as memorabilia), stun guns, tasers and similar products.
7.2 Pepper spray / CS gas and similar goods.
7.3 Pornographic media or media that are harmful to young people, including those marked “No youth release” or “Approval from the age of 18” as well as media without labeling in accordance with Sections 12 and 13 of the Youth Protection Act.
7.4 Drugs, cannabis and all drug and cannabis use items such as bongs and chillums. Also products for avoiding drug tests.
7.5 Tobacco products (especially cigars, cigarettes, shisha tobacco, cigarette tobacco and similar products).
7.6 Human and Animal Sculptures
8.1 Users can publish their own content on the platform. You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws.
8.2 The offers published by the sellers on afrosmartshop.com are not checked by Afrosmartshop unless there are concrete indications of an infringement of an offer, especially if there is knowledge of the infringement of rights third party The respective seller is solely responsible for their correctness, completeness and legality. In particular, Afrosmartshop has no influence on the correctness and completeness of the offers or on the quality of the services offered.
8.3 Afrosmartshop can temporarily block or delete individual user content if the user publishes illegal content or content that violates the terms and conditions or if there are concrete indications of repeated illegal publication.
8.4 Afrosmartshop will take into account the legitimate interests of the user, in particular fault, when selecting the measure and limit the blocking or deletion to a necessary level.
8.5 In the event that the content is blocked or deleted, Afrosmartshop will immediately justify this to the user in text form.
8.6 In the event of a temporary blocking, Afrosmartshop will release the content again immediately as soon as the suspicion of a violation of a legal provision or a regulation of these terms and conditions is excluded.
8.7 The users indemnify Afrosmartshop from all culpably caused claims by third parties which are asserted due to the infringement of their rights through the publication of the user materials on africshopping.com, in the newsletter or other advertising materials as ordered. In addition to claims for damages, the exemption also includes reimbursement of reasonable costs for legal defense that arise due to the illegal or improper use of the services of afrosmartshop.com. The exemption presupposes that a comparison or an acknowledgment of third-party claims only takes place with the prior written consent of the user.
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply. The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty and fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed or
- as far as the area of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and complaints by email at [email protected]
9.1 Subject to the provisions agreed below in Sections 9.2 and 9.3, the statutory provisions shall apply.
9.2 No-fault liability on the part of Afrosmartshop for initial defects in accordance with Section 536a of the German Civil Code is excluded.
9.3 If the user is an entrepreneur, the warranty period is one year. This does not apply to defects fraudulently concealed by Afrosmartshop, the assumption of guarantees or damage under the Product Liability Act, as well as injury to life, limb or health.
10.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding the other statutory entitlement requirements.
10.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on compliance with which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
We have submitted to the following codes of conduct:
Trusted Shops quality criteria http:/ /www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
11.1 The assignment of claims against Afrosmartshop to third parties is only possible with written consent. This applies in particular to a transfer of the user account to a third party.
11.2 The user can only exercise a right of retention if the claims are from the same contractual relationship. Merchants are only entitled to a right of retention against legally established or undisputed counterclaims.
11.3 The user may only offset against legally established or undisputed counterclaims.
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a public legal entity is a legal or public-law special fund or the buyer has no general place of jurisdiction in the seller’s country of domicile. The seller reserves the right to choose another legal place of jurisdiction.
12.2 In the case of entrepreneurs, the law of the [Federal Republic of Germany / Republic of Austria] applies to the exclusion of the UN Sales Convention, as long as there are no mandatory legal provisions to the contrary.
Note: Please note below that the link http://ec.europa.eu/consumers/odr // must be clickable
12.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec. europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally.
14.1 The contract for the use of the platform is concluded for an indefinite period.
14.2 The user has the option to have his user account deleted at any time by notifying Afrosmartshop in text form (e.g. e-mail).
14.3 The right of both parties to extraordinary termination remains unaffected.
14.4 Afrosmartshop can temporarily block or delete a user’s user account if the user repeatedly uses his user account illegally despite warning or if there are concrete indications of repeated illegal use.
14.5 Afrosmartshop will take into account the legitimate interests of the user, in particular fault, when selecting the measure and justify the blocking or deletion of the user account to the user in text form.
14.6 In the event of a temporary blocking, Afrosmartshop will immediately grant the user full access to the platform again as soon as the suspicion of a violation of a legal provision or a regulation of these terms and conditions has been ruled out.
15.1 The use of the platform is also open to users outside of the Federal Republic of Germany.
15.2 In the context of a sale to countries other than the Federal Republic of Germany, the seller undertakes to ensure that the consumer protection law, data protection law, tax law and all other legal requirements for the sale to a consumer in the respective country are met are complied with.
16.1 German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn (principle of favourability).
16.2 The place of performance for all services arising from the business relationship with us and the place of jurisdiction is the registered office of Afrosmartshop, insofar as the user is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
16.3 The provisions of the UN Sales Convention expressly do not apply.
End of Terms and Conditions