Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Governing Law
  9. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "T&Cs") of Adnan Imamovic, trading as "Aao Fighting" (hereinafter "seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in the online shop. The inclusion of the customer's own terms is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the seller’s online order form integrated into the online shop. After placing the selected goods in the virtual shopping cart and completing the electronic checkout process, the customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order process.

2.3 The seller may accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is formed at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the day on which the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that concludes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract has been concluded and is sent to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. No further provision of the contract text by the seller takes place. If the customer has created a user account in the seller's online shop before sending their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account, using the corresponding login data.

2.6 Before submitting the order bindingly via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to improve the detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.7 The language available for concluding the contract is German.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties engaged by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices. VAT is not shown because the seller is a small business within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the seller and are to be borne by the customer. These include, for example, fees for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of money if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller’s online shop.

4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Stripe may use additional payment services for which special payment terms may apply; the customer will be informed separately where applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de .

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for outbound shipping if the customer validly exercises their right of withdrawal. For return shipping costs, the provision in the seller’s withdrawal policy applies if the customer validly exercises the right of withdrawal.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to perform the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the customer only upon handover of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to perform the shipment, if the customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to perform the shipment and the seller has not previously named such person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without delay and any consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller makes advance deliveries, title to the delivered goods remains with the seller until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. Deviating therefrom, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

  • the seller has the right to choose the type of subsequent performance;
  • the limitation period for defects in new goods is one year from delivery of the goods;
  • for used goods, rights and claims based on defects are excluded;
  • the limitation period does not start anew if a replacement delivery is made under liability for defects.

7.2 The above limitations of liability and reductions of periods do not apply

  • to claims for damages and reimbursement of expenses by the customer,
  • if the seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • to any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Moreover, for entrepreneurs the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the customer is acting as a merchant within the meaning of section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the customer is acting as a consumer, they are requested to report goods delivered with obvious transport damage to the carrier and to inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual claims for defects.

8) Governing Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

9.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.