1. scope of application
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These GTC shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The contract of sale shall be concluded with Augletics GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.
When the contract with us comes into effect depends on the payment method you have chosen. Depending on the region and time, not all payment options may be available:
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details. This will also include the commercial invoice.
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet.
4. delivery conditions
Shipping costs are added to the stated product prices. You will find more details about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
The following payment methods are available in our shop:
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount or you must first register and legitimise yourself with your access data. Immediately after the goods have been dispatched, we will request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal. You will receive further instructions during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal’s request immediately after the goods have been dispatched and your card will be charged. You will receive further instructions during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). Upon submission of the direct debit mandate, PayPal will request its bank to initiate the payment transaction immediately after dispatch of the goods. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). Upon submission of the direct debit mandate, PayPal will request its bank to initiate the payment transaction immediately after dispatch of the goods. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
6. reservation of proprietary rights
Until full payment of our purchase price claim as well as all other claims against you to which we are entitled, the delivered goods remain our property. The retention of title shall also remain in force if individual claims of ours are included in a current account and the balance has been struck and accepted, and shall then secure the balance.
You hereby assign to us your claim with all ancillary rights from the resale of our reserved goods as security for all claims to which we are entitled against you at the time of the resale.
You are authorised to assign the claim from the resale within the framework of genuine factoring, provided that we are notified of this assignment in advance and the factoring proceeds reach at least the value of our goods subject to retention of title. You already now assign to us the claims and other claims against the factor from the sale of the claims assigned to us by way of security; like these, they serve as security for our claims. We hereby accept the above assignments.
If the realisable value of the claims assigned to us by way of security exceeds our claims against the customer by more than 10%, we shall be obliged, at your request, to release any securities in excess thereof.
You are authorised to collect the assigned claims on our behalf. However, this authorisation shall lapse if you are in default of payment to us. In this case, we are authorised to inform the buyer of the assignment on your behalf. You are obliged to provide us with the necessary information to assert our rights against your customers, in particular to name the customers, and to hand over the necessary documents and records.
You are only entitled to resell our goods subject to retention of title within the scope of his ordinary business transactions and only on condition that the purchase price claim from the resale is transferred to us in accordance with § 9 No. 2. This authorisation shall expire if you are in default of payment to us. You are not entitled to dispose of the reserved goods in any other way, in particular not to pledge them or assign them as security.
You are obliged to adequately insure our reserved goods against loss and damage due to fire, theft, water or similar dangers and to provide us with evidence of the insurance cover upon request. You hereby assign to us your claims for compensation to which you are entitled against insurance companies or other parties obliged to pay compensation – if necessary on a pro rata basis. Any impairment of our goods subject to retention of title shall be notified to us, as shall any access to them by third parties.
If the right of resale expires, you shall be obliged, at our request, to provide us with information on the stock of our reserved goods as well as the goods owned by us pursuant to § 9 No. 2 and the goods co-owned by us pursuant to § 9 No. 3.
Furthermore, we shall be entitled to freely dispose of the reserved goods surrendered to us in order to satisfy our claims as soon as we have withdrawn from the contract.
If the delivery is made across borders and the foreign law does not recognise the German retention of title in this form, the parties agree already now on a comparable security deposit (e.g. GB: retention of title) permitted under the respective national law. If further actions are to be taken by the parties (registration, deeds), you are obliged to cooperate in the provision of the security at our request.
7. transport damages
The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such faults to the delivery agent as soon as possible and contact us immediately. Failure to make 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 be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
8 Warranty and guarantees
Claims for defects on the part of the customer presuppose that the customer has duly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). The notification of defects must be made in writing. Notice of recognisable defects must be given within five working days of receipt of the goods at the latest. The notification of hidden defects shall only be deemed to be in time if it is asserted within five working days after discovery.
If there is a defect in the goods for which we are responsible, we are entitled, at our discretion, to subsequent performance by remedying the defect or by replacement delivery. In the case of subsequent fulfilment, you shall bear the additional costs which are based on the fact that the delivered goods were taken to a place other than the current location after knowledge of the defect.
Defects in partial deliveries shall only entitle you to withdraw from the overall contract if the remaining partial deliveries are demonstrably of no interest to him.
Claims for defects which are not for damages shall become statute-barred one year after delivery. This shall not apply in the event of a wilful breach of duty, a breach of warranty or in the cases of §§ 438 para. 1 no. 2, 634a para. 1 no. 2 BGB.
Insofar as we are compulsorily liable within the scope of the entrepreneur’s recourse, the provisions of §§ 478, 479 BGB shall apply with priority.
In addition, the provisions of §8 shall apply to claims for damages based on defects.
Information on any 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 reach our customer service for questions, complaints and objections on weekdays from 10:00 a.m. to 6:00 p.m. under the telephone number 030-55579963 as well as by e-mail under email@example.com.
9 Limitation of claims for damages
Claims for damages against us or our vicarious agents are excluded in the case of slightly negligent breaches of obligations that are not essential to the contract. Liability for slightly negligent breaches of material contractual obligations shall be limited to the foreseeable damage typical for the contract and shall be limited to € 500k.
Claims for damages against us or our vicarious agents shall become statute-barred after one year in the case of slightly negligent breaches of duty. This does not apply to claims for damages due to a defect in the cases of § 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB.
The above exclusions and limitations of liability shall not apply in the event of a breach of warranty or in the event of injury to life, limb or health.
Insofar as we or our vicarious agents are compulsorily liable under the Product Liability Act for property damage or personal injury caused by defects in a product, the provisions of the Product Liability Act shall also apply with priority. For an internal compensation according to § 5 sentence 2 of the Product Liability Act, the above provisions shall remain in force.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find herehttps://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The competent body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
General terms and conditions created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Rechtsanwälte.