1.1 These General Terms and Conditions (“GTC”) of Mohammed Bahein, operating under “DUS VALET” (“we/us”), apply to all contracts for the provision of services that you as a consumer or entrepreneur (“you”) conclude with us regarding the services presented on our website. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. An entrepreneur is any natural or legal person or a legally capable partnership acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
You may submit a non-binding inquiry for an offer by phone, fax, email, letter, or via the online contact form on our website. In response, we will send you a binding offer by email, fax, or letter for the service you have selected. You may accept this offer by submitting a declaration of acceptance by fax, email, or letter, or by payment of the agreed fee within 7 (seven) days of receipt of the offer, whereby the day of receipt is not counted toward the deadline. For acceptance by payment, the day we receive the payment is decisive. If the last day of the acceptance period falls on a Saturday, Sunday, or a public holiday recognized at your location, the next working day shall apply. If you do not accept our offer within the stated period, we are no longer bound by it. We will specifically point this out again in our offer.
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our cancellation policy.
Unless otherwise stated in our service description, the prices quoted are total prices inclusive of the applicable statutory value added tax.
We are liable to you for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:
5.1 We are fully liable regardless of the legal basis:
5.2 If we negligently breach a material contractual obligation, our liability is limited to the typical, foreseeable damage, unless we are subject to unlimited liability under the above provisions. Material contractual obligations are those which the contract imposes on us to achieve its purpose, the fulfillment of which makes proper performance of the contract possible in the first place, and on the observance of which you may regularly rely.
5.3 In all other respects, our liability is excluded.
5.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
6.1 All legal relationships between us are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country where you habitually reside.
6.2 Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not residents of a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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