Terms and Conditions
printTerms and Conditions
and consumer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between aerobis Limited, Dieselstr. 13,
50859 Cologne, Germany - hereinafter referred to as supplier - and the
customer, which are closed via the online shop of the provider. Unless otherwise agreed, the inclusion of the customer's own terms, is opposed.
(2)
consumer in terms of following rules shall mean any natural person who
enters into a transaction for a purpose that is neither commercial nor
their independent vocational activity may be attributed. Entrepreneur
is any natural or legal person or a legal partnership, which is
concluding a legal transaction in the exercise of their independent
professional or commercial activity.
(3) The contract language is German. The contract will be filed with the provider. The storage is only temporary, the client is itself an expression or to provide for a separate storage.
§ 2 contract
This Agreement governs the sale of goods. The
details, particularly the essential characteristics of the goods found
in the item description and additional information on the agency
website.
§ 3 Conclusion of the contract
(1)
The goods offered by the provider on the Internet do not constitute a
binding offer to conclude a sales contract but an invitation to make an
order (purchase offer by the customer).
The customer may bid by phone, give in writing, via fax, email or via the online ordering system.
When you purchase through the online shopping system is observed:
The
goods are intended for purchase in the "basket" folder. Use the
appropriate button in the navigation bar, customers can call the
"shopping cart" and then make changes at any time. After
calling the site "Checkout" and enter your personal data and the
payment and shipping terms conclusively shown once again of the order.
Before submitting the order, the customer has the opportunity here to
check all the details again to change (via the function cancel "back" of the Internet browser) or the purchase. By sending the order to the appropriate button, the customer makes a binding offer from the provider. The
client first receives an automatic email about the receipt of his
order, which does not lead to the conclusion of the contract.
(2)
The
acceptance of the offer (and thus the contract) shall in all cases by
confirmation in writing (eg email), in which the customer order
processing or delivery of goods is confirmed, or by delivering the
goods.
The
customer should have received within 5 days, no confirmation or notice
of the shipment or any product, he is no longer bound to his order. As and when appropriate services rendered in this case be refunded immediately.
§ 4 Prices, Free Shipping
(1)
The information provided in the respective offers quoted prices and
final prices include the shipping costs; they do all the price elements
including all applicable taxes.
(2)
The shipping costs are not included in the purchase price, they are on
the "Payment and shipping" callable, will be shown during the ordering
process separately and are to be borne by the customer in addition,
unless the free shipping is promised.
§ 5 Payment and shipping terms
(1) The conditions for payment and shipping can be found under the same button in the navigation.
(2)
If a customer ordered product, contrary to expectations, despite timely
completion of an adequate hedging transaction from one of suppliers for
reasons beyond its available, the customer immediately about the
non-availability and in case of resignation about already paid be
refunded immediately.
(3)
As a consumer, the customer is asked to inspect the goods immediately
upon delivery for completeness, to verify any obvious defects and damage
complaints and the supplier and the carrier as fast as possible. The warranty claims of the customer remain unaffected.
If
the customer is a consumer, the risk of accidental loss and accidental
deterioration of the sold goods during the shipment until the delivery
of goods through the transport company commissioned to the customer,
regardless of whether the shipment is insured or uninsured.
If the customer is not a consumer, supply and shipment will be at his risk.
§ 6 Return costs when exercising the right of withdrawal
For
the case of exercise of the existing consumer statutory cancellation
right in distance contracts agreed that the customer has to bear the
costs of returning the goods if the price returned the case of an amount
not exceeding 40 euros or if at a higher price to the cause of not
yet provided the customer return or a contractually agreed partial
payment at the time of withdrawal has, except that the goods are not
ordered. In all other cases, the provider bears the cost of return shipping.
§ 7-off, retention
(1)
The customer shall be entitled to offset only if the counterclaim is
undisputed, legally established or recognized by the provider is.
(2) A lien, the customer can exercise only if it is from the same contract demands.
§ 8 Guarantee
(1) The statutory requirements.
(2) When used goods, the warranty period is different from the statutory provisions one year after delivery of the goods. Not
the one-year warranty period applies to the provider attributable
culpably caused damage from injury to life, limb or health, and with
gross negligence or willful damage or malice of the provider, as well as
recourse under § § 478, 479 BGB.
(3) If the customer is a valid derogation from paragraph 1:
a)
As a condition of the goods shall only their own information by the
provider and the manufacturer's product description as agreed, but no
other advertising, promotions and public statements by the manufacturer.
b)
The customer is obliged to inspect the goods promptly and with due
attention to the quality and quantity discrepancies and obvious defects
within 7 days from receipt of goods to the supplier in writing, the
deadline extends the time limit. This also applies to hidden defects discovered later upon discovery. In violation of the investigation and reprimand the assertion of the warranty claim is excluded.
c) In case of defects the supplier provides, at its option by repair or replacement. If the repair fails twice, the customer at his discretion reduce or cancel the contract. In
the case of rectification, the provider must not bear the increased
costs incurred by the shipment of goods to a different place than the
place where the shipment is not the intended use of the same product.
d) The warranty period is one year after delivery. Not
the shorter warranty period for the provider attributable culpably
caused damage from injury to life, limb or health, and with gross
negligence or willful damage or malice of the provider, as well as
recourse under § § 478, 479 BGB.
§ 9 Ownership
(1) The goods until full payment of the purchase price will remain the property of the provider.
(2) If the customer is a company shall apply in addition the following:
a)
The provider retains ownership of the goods until full settlement of
all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not allowed.
b) The customer may resell the goods in the ordinary course of business. In
this case, he assigns to us all claims in the amount of the bill, which
arise from the further sale, on which the cession accepting provider. The customer is also authorized to collect the debt. Unless he fails to meet its payment obligations to the provider reserves, however, to collect the debt themselves.
c)
combining and mixing of the goods purchased by the supplier title to
the new object in proportion to the invoiced value of goods to the other
processed items at the time of processing.
d)
The provider agrees to release the securities due to him upon request
of the customer insofar as the realizable value of collateral exceeds
the secured party of the claim by more than 10%. The selection of securities to be released is incumbent upon the provider.
§ 10 Liability
(1)
The provider is fully liable for damages resulting from injury to life,
body or health if he lack fraudulently conceals or assumed a guarantee
for the quality of the purchased item has, after all cases of intent or
gross negligence, for damage the Product Liability Act or to the extent otherwise required by law.
(2)
If material obligations under the contract are affected by the breach
of which would endanger the contractual purpose, the liability of the
supplier in case of slight negligence is limited to typical, foreseeable
damage is limited.
(3) In case of breach of immaterial contractual obligations, liability for slight negligence is excluded.
(4)
Data communication via the internet, considering the current state of
the art is not error-free and / or available at all times be ensured. The
provider is liable for neither the extent nor the continuous
uninterrupted availability of the Website or the services offered.
§ 11 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies excluding the UN sales law. For
consumers, this choice of law only, the agreement provided by mandatory
provisions of the laws of the State of habitual residence of the
consumer protection afforded is not withdrawn (favourability).
(2)
performance for all aspects of the existing business relationships with
vendors and venue of the party's headquarters, where the customer does
not consumers, but a merchant, legal entity under public law or public
law special fund.
The
same applies if the customer has no general jurisdiction in Germany or
the EU or the domicile or habitual residence at the time of action are
not known. Call the power to the court in another jurisdiction is not affected.
§ 12 Notes on battery disposal
In
connection with the sale of batteries or with the supply of devices
that contain batteries, the provider is obliged to advise clients on the
following:
The customer is to return used batteries as required by law to end users. He
can return waste batteries, as the leading provider of new batteries in
the range, or has to receive free shipping warehouse (shipping address)
of the provider. The symbols shown on the batteries have the following meanings:
The symbol of the crossed-out wheeled bin means that the battery must be disposed of with household garbage.
Pb = Battery contains more than 0.004 percent by mass of lead
Cd = Battery contains more than 0.002 percent cadmium by weight
Hg = Battery contains more mass than 0.0005 percent mercury.
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