Terms of Use

Last changed: 10/25/2020Afrosmartshop and/or its affiliates (“Afroshop”) offer website functionality and other products and services when you use the Afrosmartshop.com website (the “Website”) or when you shop on the website, use devices, products or services from Afrosmartshop , Afrosmartshop use mobile applications or use the services provided by Afrosmartshop in one of the above contexts (collectively the “Afroshop Services”). Please read our privacy policy, our information on cookies and our information on internet-based advertising to understand how we collect and process your personal information through Afrosmartshop Services. Afrosmartshop provides the Afroshop services according to the general terms and conditions specified on this page.Please read these conditions carefully before using the Afrosmartshop Platform. By using the Afrosmartshop Platform you agree to be bound by these conditions. We offer you a wide range of Afro products.
1. Scope
The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.1.1 The following terms of use apply to the use of the website operated under the domain https://newversion.afrosmartshop.com by Afrosmartshop [represented by Claude Junang] (hereinafter referred to as “afrosmartshop”) (hereinafter referred to as “afrosmartshop.com”) by registered sellers (hereinafter referred to as “Sellers”) and customers (hereinafter referred to as “Customers”). Seller and customer are hereinafter referred to collectively as “users”. By accepting these terms and conditions, you also agree to our shipping and return conditions and our privacy policy.1.2 The offers on afrosmartshop.com are aimed at both entrepreneurs and consumers. A consumer according to § 13 BGB within the meaning of the following regulations is any natural person who enters into a legal transaction, i.e. in particular the registration or ordering of goods or services via afrosmartshop.com, for purposes that are predominantly neither commercial nor self-employed can be attributed. Entrepreneur according to § 14 BGB is any natural or legal person or a legal partnership who, when concluding a legal transaction, i.e. in particular the registration or sale of goods or services via afrosmartshop.com, is exercising their independent professional or commercial activity.1.3 Unless otherwise agreed, the inclusion of any conditions used by the user is rejected.
2. Contractual partner, terms of contract
The purchase contract is concluded with Afrosmartshop.comWhen the products are placed in the online shop, we are submitting 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 submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.2.1 Afrosmartshop.com offers sellers, in particular but not exclusively in close proximity to the customers, a platform on the Internet to sell goods and services to consumers, as well as other services for using the afrosmartshop.com platform.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 to use the platform by the seller and the customer. The conclusion of a contract for the goods and services offered by the seller comes about directly between the seller and the customer. Afrosmartshop is expressly not a party to the agreements made between the seller and the customer. The users involved are solely responsible for fulfilling the obligations resulting 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 and 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.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.We save the contract text 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 over the Internet.3.1 The option to register as a seller on afrosmartshop.com is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) who use the services in the context of their independent, professional or commercial activity.3.2 Afrosmartshop regularly checks the entrepreneurial status of the retailer before the contract is concluded.3.3 Afrosmartshop reserves the right to request evidence of entrepreneurship from the seller before and during the execution of the contract.3.4 Seller can read Provider Agreement here
4. Terms of delivery
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.
5. Payment
The following payment methods are generally available in our shop:Payment in advance If you choose to pay in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.Credit card When you place your order, you provide your credit card details. After your legitimation as the legal cardholder, the payment transaction is carried out automatically and your card is charged.PayPal, PayPal Express In 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 first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You’ll get more 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 that has been activated for online banking, identify yourself accordingly and confirm the payment order to us. You’ll get more information during the ordering process. The payment transaction is carried out immediately afterwards by Sofort and your account is debited.Purchase on account via Klarna In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you 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 in each case. When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The full 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=05.1 The use of afrosmartshop.com is basically free of charge 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 taxes.5.3 The seller receives an invoice with declared VAT 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 have a valid PayPal account (PayPal Secure Chained Transaction System) and a valid bank account 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 apply through PayPal.
6. Retention of title
The goods remain our property until full payment.6.1 Afrosmartshop provides afrosmartshop.com with an availability of 99.9% on an annual average.6.2 Excluded from this are times that serve to maintain the afrosmartshop.com servers and all downtimes for which Afrosmartshop is not responsible.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us 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 these are sold as souvenirs), electro-pulse weapons, tasers and similar products.7.2 Pepper spray / CS gas and similar goods.7.3 Pornographic or youth-endangering carrier media, including those marked “No youth release” or “Release from 18 years” as well as carrier media without marking according to Sections 12 and 13 of the Youth Protection Act.7.4 Drugs, cannabis and all items related to drug and cannabis consumption, such as bongs and chillums. There are also products to bypass drug tests.7.5 Tobacco products (in particular cigars, cigarettes, shisha tobacco, cigarette tobacco and similar products).7.6 Human and animal sculptures
8 Content, Violations
8.1 Users can publish their own content on the platform. You undertake not to transmit any data, the content of which violates 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 a legal infringement of an offer, in particular if there is knowledge of the infringement of third party rights. The respective seller is solely responsible for their correctness, completeness and legality. Afrosmartshop in particular 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 contents of a user 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 culpability, when selecting the measure and restrict the blocking or deletion to a necessary extent.8.5 In the event of the content being blocked or deleted, Afrosmartshop will immediately explain this to the user in writing.8.6 In the event of a temporary block, Afrosmartshop will immediately release the content as soon as the suspicion of a violation of a legal provision or a provision of these terms and conditions is excluded.8.7 The users indemnify Afrosmartshop from all culpably caused claims by third parties that they assert due to the violation of their rights through the publication of the user materials on africshopping.com, in the newsletter or other advertising material. In addition to claims for damages, the indemnity also includes the 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 the claims of third parties is only made with the prior written consent of the user.
9. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects applies. The following applies to used goods: if the defect occurs one year after 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 shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agentsin the event of injury to life, body or health, in the event of willful or grossly negligent breach of duty as well as malice, in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations) as part of a guarantee promise, if agreed, or as far as the scope of the product liability law is opened. Information on any applicable additional guarantees 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 contact@afrosmartshop.com9.1 Subject to the following provisions agreed in Sections 9.2 and 9.3, the statutory provisions apply.9.2 The no-fault liability Afrosmartshop for initial defects according to § 536a BGB 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 from injury to life, limb or health.
10. Liability
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents:
  • in the event of injury to life, body or health,
  • in the event of willful or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of the product liability law is opened.
  • In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable when the contract was concluded Damage limited, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.
10.1 Afrosmartshop is fully liable for damage resulting from injury to life, body or health. Afrosmartshop is also liable without restriction in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, in the event of a guarantee and in all other cases regulated by law.10.2 Insofar as essential contractual obligations of Afrosmartshop are affected, the liability of Afrosmartshop in the event of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on Afrosmartshop according to its content to achieve the purpose of the contract, the fulfillment of which make the proper execution of the contract possible in the first place and Compliance with which the user can regularly rely on.10.3 In the event of a breach of insignificant contractual obligations, Afrosmartshop’s liability for slightly negligent breaches of duty is excluded.10.4 Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of technology. Afrosmartshop is not liable for the constant or uninterrupted availability of the website and the services offered there.
11. Code of Conduct
We have submitted to the following codes of conduct:Trusted Shops quality criteria http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf11.1 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 insofar as it concerns claims from the same contractual relationship. Dealers are only entitled to a right of retention against counterclaims that have been legally established or are undisputed.11.3 The user may only offset against legally established or undisputed counterclaims.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, we are obliged to participate in dispute settlement procedures before a consumer arbitration board. The General Consumer Arbitration Board of the Center for Arbitration, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de is responsible. We will take part in a dispute settlement procedure before this point.
13. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer only hands over the goods after the age check and only to the customer personally.
14. Right of withdrawal up to 14 days, exclusion of the right of withdrawal, our voluntary return guarantee and statutory warranty law
14.1 The contract for the use of the platform is concluded for an indefinite period.14.2 The user has the option at any time to have his user account deleted 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 the user account of a user if the user repeatedly uses his user account illegally in spite of warnings 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 block, 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 provision of these terms and conditions is excluded.
15. Use of the platform outside of Germany
15.1 The use of the platform is basically also open to users outside 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 consumer protection, data protection, tax and all other legal requirements are complied with when selling to a consumer in the relevant country.15.3 The consumer can submit claims in connection with these terms of use, which result from consumer protection standards, either in Germany or in the EU member state in which he lives.
16. Choice of law, place of performance and place of jurisdiction
16.1 German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).16.2 The place of performance for all services from the business relationships with us and the place of jurisdiction is the registered office of Afrosmartshop, provided that the user is not a consumer, but a merchant, legal entity under public law or 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 place of residence or habitual residence is not known at the time the action is brought. 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 of Use
Our contact information
Our contact information is:Managing director: Mr. Claude JunangAfrosmartshop Calwerstrasse 8/1, D-75395 OstelsheimTel: +49 (0) 7033 4064037 Email: contact@afrosmartshop.comRegistered in Germany Sales tax identification number: DE320438338The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/Information on the formation of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options take place in accordance with Section 4 of the General Terms and Conditions (Part I.)Contract language, contract text storageThe contract language is German.The full text of the contract is not saved by Afrosmartshop. Before sending the registration, the contract data can be printed out or electronically saved using the print function of the browser / email program. After receipt of the registration request at Afrosmartshop, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to the user again by email.
Revocation form
If you want to cancel the contract, please fill out this form and send it back.Afrosmartshop Calwerstrasse 8/1 75395 Ostelsheim Tel: + 49 (0) 7033 – 406 40 – 37 Fax: +49 (0) 7033 – 406 12 – 51
E-Mail: widerruf@afrosmartshop.com
Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)Bestellt am (*)__ / erhalten am (*)Name des/der Verbraucher(s)Anschrift des/der Verbraucher(s)Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)Datum (*) Unzutreffendes streichen

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.