General Terms and ConditionsGeneral Terms and Conditions

General Terms and Conditions for the Ayn Company Online Shop (hereinafter “GTC”, as of December 9, 2024)

  • 1 General
  1. These terms and conditions apply to all contracts between Ayn Company, Hainer Weg 176, 60599 Frankfurt and the customer with regard to products in the form of goods and services ordered by the customer in the Ayn Company online shop (hereinafter “online shop”). Ayn Company does not recognize any conditions of the customer that deviate from these, unless Ayn Company has expressly agreed to their validity.
  2. Since flowers and plants are highly individual products, all color, shape and size information as well as the images on the website www.ayncompany.de, brochures and other advertising materials are only examples and reasonable deviations are possible. Wood products have natural differences in terms of grain, structure and color of the wood, which means that reasonable deviations from the images on the website www.ayncompany.de, brochures and other advertising materials are possible.
  3. In order to ensure the freshness of the products, Ayn Company can unfortunately only accept orders for delivery within Germany for orders that provide for the delivery of goods to the customer. This also applies to services offered by Ayn Company that provide for the delivery of goods to the customer, such as corresponding workshops.
  • 2 Conclusion of contract
  1. The contract including these General Terms and Conditions between the customer and Ayn Company is concluded when the customer sends the product he has placed in the shopping cart of the online shop to Ayn ​​Company as a binding offer to conclude a contract by selecting the “Order with payment” button and Ayn Company accepts this offer within a reasonable time either by written confirmation, in particular by e-mail, or – if the ordered product at least partially provides for the delivery of goods to the customer – by delivery.
  2. Ayn Company reserves the right to accept the offer, in particular in the event that, based on the information provided by the customer or on the customer’s non-contractual conduct in the execution of another contract, it can be assumed that the customer will not properly fulfill his contractual obligations.
  3. The contract text (General Terms and Conditions with individual order data of the customer) is not saved by Ayn Company after the conclusion of the contract and is therefore not accessible to the customer.
  4. The language available for concluding the contract is German.
  • 3 delivery
  1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany, provided that the ordered product at least partially provides for the delivery of goods to the customer.
  2. The shipping costs incurred are displayed to the customer on the order page before the order is completed. The shipping method is determined by Ayn Company. Unforeseen delivery obstacles that are beyond Ayn Company’s control entitle Ayn Company to extend the delivery period appropriately. This also applies if the delivery obstacles occur at Ayn Company’s subcontractors.
  • 4 Terms of payment, retention of title
  1. The price for the ordered product as well as the stated shipping costs are due upon acceptance of the offer by Ayn Company.
  2. The customer can choose between the payment methods offered during the ordering process. If the customer chooses the direct debit procedure offered to him, he must issue the necessary SEPA direct debit mandate and ensure that the bank account has sufficient funds when the payment is due. For orders made by direct debit, the customer receives a prenotification in the invoice sent by email about the impending debit to the bank account. The prenotification is given in good time so that there is one banking day between it and the debit. In the event of a direct debit being returned or not honored, the customer hereby irrevocably authorizes the bank to inform Ayn Company of the name and current address of the customer.
  3. Ordered goods remain the property of Ayn Company until they have been paid for in full.
  • 5 Right of withdrawal for goods

In contracts for the delivery of goods, the purchaser has the following right of withdrawal:

— Cancellation policy —

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us (Ayn Company, Hainer weg 176, 60599 Frankfurt am Main, telephone number: 01737777062, email address: theayncompany@gmail.com) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post or an email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

— End of the cancellation policy —

exclusion of the right of withdrawal

Unless Ayn Company and the customer have agreed otherwise, the right of withdrawal does not apply if the customer is acting in the exercise of his commercial or independent professional activity when concluding the relevant contract for the delivery of goods, and also not if one of the following contracts for the delivery of goods applies:

  • Contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer (Section 312g Paragraph 2 Sentence 1 No. 1 BGB),
  • Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded (Section 312g Paragraph 2 Sentence 1 No. 2 BGB),
  • Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g Paragraph 2 Sentence 1 No. 3 BGB),
  • Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery (Section 312g Paragraph 2 Sentence 1 No. 6 BGB),
  • Contracts for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts (Section 312g Paragraph 2 Sentence 1 No. 7 BGB).

sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it back.)

To Ayn ​​Company, Hainer weg 176, 60599 Frankfurt am Main, telephone number: 01737777062, email address: theayncompany@gmail.com:

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the purchaser(s)
  • address of the purchaser(s)
  • Signature of the purchaser(s) (only for notification on paper)
  • Date

———————-
(*) Delete as appropriate.

  • 6 Right of withdrawal for services

For contracts for the provision of services, the customer has the following right of withdrawal:

— Cancellation policy —

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Ayn Company, Hainer weg 176, 60599 Frankfurt am Main, telephone number: 01737777062, email address: theayncompany@gmail.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; Under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have canceled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

— End of the cancellation policy —

sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To Ayn ​​Company, Hainer weg 176, 60599 Frankfurt am Main, telephone number: 01737777062, email address: theayncompany@gmail.com:

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the purchaser(s)
  • address of the purchaser(s)
  • Signature of the purchaser(s) (only for notification on paper)
  • Date
    ———————-
    (*) Delete as appropriate.
  • 7 Warranty and Liability
  1. Subject to the following paragraphs 2 to 4, the purchaser is entitled to the statutory warranty claims.
  2. The purchaser’s claims for damages are excluded. Excluded from this are claims for damages by the purchaser arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Ayn Company, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the purchaser can regularly rely.
  3. In the event of a breach of essential contractual obligations, Ayn Company shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
  4. The restrictions in paragraphs 2 and 3 also apply to the benefit of Ayn Company’s legal representatives and vicarious agents if claims are asserted directly against them.
  5. The provisions of the Product Liability Act remain unaffected, as do any claims arising from a guarantee given by Ayn Company or a third party for the quality of the item or for the fact that the item will retain a certain quality for a certain period of time.
  • 8 Data Protection

On the under

Please refer to Ayn ​​Company’s privacy policy available here.

  • 9 Other

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which the purchaser has his habitual residence remain unaffected. Ayn Company is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.