Consumer Terms & Conditions
1. Purview
All contractual agreements entered into by Allccessory (herein after referred to as “Allccessory”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.
For more details about the Terms & Conditions please contact us:
www.allccessory.com
Represented by: Iuliana Crudu
P.O. Box 10 02 14
70827 Gerlingen Germany
E-mail: contact@allccessory.com
Commercial register: City of Gerlingen, GewA1 202000000112
Sales tax identification number: DE332177931
2. Contracting Parties
Placing orders via allccessory.com are possible for all persons from the European Economic Area, regardless of residence, origin or nationality. Orders placed outside the European Economic Area are subject to the restrictions listed on the following delivery page.
All contractual agreements entered into will be between Allccessory and individual customers (herein referred to as “the Consumer”) who must be 18 years of age and legally competent. If Allccessory should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.
Placing an order on www.allccessory.com requires the Consumer to register/set up a Allccessory online account (i.e. user profile). Consumers must register under their own name, and complete all mandatory fields correctly.
3. Contract
By submitting an order online (i.e. after selecting the product(s), completing the Allccessory online order form and confirming the order by clicking the submit button), or by placing an order in the form of an email, Consumers issue a legally binding purchase offer which will need to be accepted by Allccessory.
Allccessory reserves the right to refuse orders. If Allccessory should reject an order, the Consumer will be notified immediately.
A legally binding contract will be formed between Allccessory and the Consumer at the time of Allccessory formally confirming the order, or at the time the Consumer has received the goods. Any automated messages sent by Allccessory to Consumers in response to Consumers submitting their orders do not constitute a formal order confirmation.
4. Right to Cancel and Return Policy
4.1 Right to Cancel
The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days .
If you would like to cancel an order, please complete the cancellation form and send it back by E-mail: contact@allccessory.com
Order Cancellation Form (Template)
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Name of the consumer(s):
Address of the consumer(s):
Date:
Orders may be cancelled within a time period of fourteen (14) days, commencing on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the shipment that completes the delivery.
4.2 Cancellation & Refunds
Allccessory shall refund all payments received from the Consumer within a time period of fourteen (14) days after the Consumer has cancelled an order. However, Allccessory will not refund any delivery costs. Unless otherwise agreed, Allccessory will issue refunds by using the same payment method the Consumer has chosen when paying for the order. If the original payment method is not an available option (e.g. if the order was paid for using CoD), Allccessory shall refund the Consumer by either arranging for a bank transfer (BACS), or by issuing a crossed cheque. Furthermore, refunding the Consumer shall not incur any charges.
Allccessory shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned, or the Consumer has provided proof of return.
The Consumer shall return any goods within a time period of fourteen days commencing on the day the Consumer has notified Allccessory of the order cancellation. Consumers must provide proof of return upon request.
4.3 Returns & Return Costs
If cancelling an order involves returning items to Allccessory the Consumer agrees to pay the cost of return delivery.
Consumers must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Consumer.
Allccessory will pay the cost of return delivery if the Consumer returns an item wrongly sent to the Consumer, or if the Consumer has received faulty goods. In these cases, the Consumer must notify Allccessory by
an email sent to contact@allccessory.com.
N.B.: Your right to cancel does not affect your statutory rights.
5. Goods Inspection – Damages
The Consumer shall have the right to inspect any goods received from Allccessory. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Consumers right to inspect the purchased goods does not include prolonged use of the items.
The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.
The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Consumer’s liability shall not exceed the purchase price of the item.
6. Limited Availability of Items or Services
In the case of items no longer available at Allccessory at the time the Consumer’s order has been received, Allccessory Electronic reserves the right to either offer the Consumer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, Allccessory shall reimburse any payment made by the Consumer. Allccessory shall refund Consumers paying On Account by crediting their respective customer account with the appropriate amount.
7. Data deletion obligation
7.1 In the context of returning devices with storage media (e.g. hard disks, USB sticks, etc.) to Allccessory, for whatever reason (warranty, repair, reversal of the purchase, etc.), the customer is obliged to save data, especially personal and confidential data, from the devices before returning them and to delete them permanently and securely afterwards.
7.2 Allccessory cannot ensure that all data and data fragments are irretrievably deleted and is not liable for ensuring that the data does not fall into the hands of third parties. The customer indemnifies Allccessory from all claims that may result from the fact that data of any kind was still present on the device or the associated data carriers that were returned. This also applies to any third party claims. If data is still present on the storage media, there is no confidentiality for this data.
7.3 If deletion of the data by the customer is not technically possible before returning storable items, the customer must inform Allccessory in writing before returning the item that the item still contains recorded, confidential and/or personal or other data belonging to him, the deletion of which was impossible for technical reasons. The customer acknowledges that Allccessory is not obliged by this notification to successfully delete the data concerned.
8. Delivery
Placing orders via Allccessory are possible for all persons from the European Economic Area, regardless of residence, origin or nationality.
For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday, the delivery period is extended to the following working day.
The estimated delivery time is according to shipping companies policy. Estimated delivery time for Germany is 2-3 days after payment confirmation.
Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Consumer providing to Allccessory proof of the claim being made.
9. Delivery Rates
The amount Consumers pay will be the item price quoted plus delivery charges. The latest domestic and international shipping rates to countries Allccessory operates in are available on the Allccessory webpage. Moreover, the delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order). The customer has to bear the direct costs of the return in the case of a revocation.
10. Pricing
All prices quoted on www.allccessory.com are in EURO and represent the total amount due, including VAT charge at the rate that applies in the Consumer’s country on the day of purchase (Checkout). Allccessory reserves the right to individually price items offered online. This means that prices stated on www.allccessory.com may differ from the prices quoted in Allccessory print catalogues/leaflets. Allccessory is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. Allccessory reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.
Allccessory is under legal obligation to implement any price changes in relation to the Fixed Book Price agreement (FBPL), including changes in VAT.
Allccessory reserves the right to amend prices if the amount quoted in printed catalogues and on the Allccessory webpage should be incorrect or incomplete. In these cases, Allccessory shall notify the Consumer of the price change, with the Consumer being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, Allccessory shall have the right to cancel the order. Allccessory shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
11. Payment Conditions
All payments are in EURO. Allccessory offers the following payment options: Advance Payment, as well as payment by credit card and via PayPal.
Please note that any bank transfer charges incurred in respect of your order will be added to your balance.
If we do not receive your payment within 20 days, your order will be cancelled automatically.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
12. Retention of Title
Title to any items shall remain vested in Allccessory and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by Allccessory. Any replacement items provided by Allccessory shall remain vested in Allccessory until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.
13. Warranty
Allccessory shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided in Allccessory mail order catalogues and on the Allccessory webpage (www.allccessory.com). Allccessory provides a year warranty on all new electronics. The guarantee period commences at the delivery date.
In the case of the delivered item being faulty or damaged, Allccessory shall either repair the item or provide the Consumer with a replacement item. If Allccessory is unable to repair a faulty item, or provide the Consumer with a replacement item, the Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.
Warranties provided by Allccessory only apply to single items. Warranties for aggregates of items require a mutual agreement between Allccessory and the Consumer at the time of purchase.
Allccessory shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.
Allccessory receiving a returned item in conjunction with a claim does not automatically constitute Allccessory accepting the claim.
Allccessory shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Consumers wishing to make a claim need to contact the manufacturer of the item directly.
14. Liability
Allccessory is not liable to the Consumer (or any other parties) for any loss or damage caused by The Consumer’s use of Allccessory’s webpage.
Unless otherwise agreed, Allccessory shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Consumer on items purchased from Allccessory.
Nothing in these Terms & Conditions shall affect Allccessory’s liabilities under the Consumer Protection Act.
15. Changes in Customer Details
The Consumer shall notify Allccessory immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Consumer‘ personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Consumer’s last known address/contact. Allccessory cannot be held responsible for any losses or damages incurred as a result of out-of-date Consumer details.
16. Applicable Law & Jurisdiction
All contractual agreements between Allccessory and The Consumer shall be governed by and construed in accordance with the laws of the Germany.
17. Miscellaneous
By purchasing items from Allccessory, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of Allccessory going into administration, Consumers exerting their statutory creditor rights against Allccessory, compensation orders, and claims accepted for adjudication by Allccessory.
Consumers shall notify Allccessory of any debt assignments in writing. Until notified, any payments made by Allccessory shall be applied to discharge the liabilities.