General Terms and Conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of cancellation
- Prices and terms of payment
- Terms of delivery and dispatch
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of application
1. 1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Aytie GmbH & Co. KG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
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 outside his trade, business or profession.
1. 3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2. 1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2. 2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax, online contact form, post or telephone.
2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. 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 consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed 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
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.
2. 7 The German and English languages are available for the conclusion of the contract.
2. 8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of cancellation
3. 1 Consumers are generally entitled to a right of cancellation.
3. 2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3. 3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4. 2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4. 3 The payment option(s) will be communicated to the customer in the seller's online shop.
4. 4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4. 5 If a payment method offered via the "mollie" payment service is selected, payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com
4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
5) Delivery and shipping conditions
5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
5. 2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller hands over the goods to the forwarding agent, the carrier or the person or person otherwise authorised to carry out the shipment.The Seller reserves the right to retain title to the goods at any time, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or organisation designated to carry out the shipment and the Seller has not previously named this person or organisation to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7. 1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7. 2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent fulfilment;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7. 3 The aforementioned limitations of liability and shortening of the limitation period shall not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7. 5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8. 1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8. 2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8. 4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8. 6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8. 7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8. 8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.
8.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
9) Applicable law
9. 1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
11) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at https://www.fairness-im-handel.de
/participation conditions . - The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com
/merchants /topic /7105962.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.
