1. Scope of Application
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all contracts concluded between us, the ARES Exclusive UG (limited liability), with registered under the address “Am Aeussernacker 1, 36355 Grebenhain, Germany” and you as our customer. Decisive is the version of the Terms and Conditions which is valid at the time when the contract is concluded. We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
2. Conclusion of contract / cost bearing obligation
Our services are limited to the following kinds of customers: first, any natural person of full legal capacity who is resident in Germany. At our request, you must send us a copy of your identity card or a comparable official proof of identity. Second, any legal entity from Germany, countries within the European Union (EU), non-EU countries within Europe and overseas countries.
Our offers in the webshop are not binding. By sending an order via the online shop by clicking the button “order” you make a binding offer according to § 145 BGB (German Civil Code). The confirmation of your order (order confirmation) that is sent to you immediately via email does not constitute acceptance of your offer. The contract with us only becomes effective when we send you the ordered product or if we confirm you the contract with a second email (confirmation of contract ). This means that your order is linked to the obligation to pay for the goods when we send you the contract confirmation or the goods.You are bound to the order for a period of four weeks after placing the order. Your right as a consumer, by law or in other cases voluntarily granted by us, to revoke your order remains unaffected from these Terms and Conditions.
3. Prices and shipping costs
All prices in our online shop are gross prices including VAT. Incidental shipping costs are added and are to be borne by you. The shipping costs amount to € 6.90 per shipping package for standard shipping and € 14.90 per shipping package for express shipping. Please note that we only offer express shipping upon request. The price, including VAT, will be displayed in the order form before you submit the order.
If you revoke your contract declaration effectively in accordance with § 6 of these Terms and Conditions, you can demand the reimbursement of costs already paid for the shipment to you (delivery costs) under the statutory conditions (for other cancellation consequences see § 6 section 3).
4. Terms of payment and delivery; offsetting
The payment of the goods can be made by bank transfer, credit card or PayPal.For the payment method “PayPal”, the PayPal account specified by the customer will be charged with the shipping costs at the time of entering the email address, when the contract confirmation is sent.
Please note that delivery times of the shipping company may take up to 30 days. You are not entitled to set off against our claims, unless your counterclaims are legally established or undisputed.
5. Self-supply clause and retention of title
If we are unable to deliver an ordered item on time or if were are unable to deliver an ordered item at all after concluding a contract with you, even though we have concluded a corresponding purchase agreement with a supplier prior to the conclusion of the contract, we shall be entitled to release ourselves from the delivery obligation. In this case, we are obliged to inform you immediately about the unavailability of the article and to reimburse you immediately for any consideration provided.
The delivered goods remain our property until full payment of the purchase price. Prior to the transfer of ownership, pledging, security transfer, processing or transformation is not permitted without our consent.
6. Right of revocation
If you are a consumer (for instance a natural person who places the order for a purpose that can not be attributed primarily to your commercial or independent professional activity), you have a right of revocation in accordance with the statutory provisions. Incidentally, the provisions on the right of revocation which are reproduced in detail in the cancellation policy in the appendix, apply.
7. Cost paying agreement for returns
If you make use of your right of revocation, you have to bear the costs of the return. We kindly ask you to return the goods in their original packaging or another suitable container. If you do not comply with this request, this of course has no effect on your right of withdrawal.
8. Material defects and defects of title
In the event of any material defects or defects in title, you are entitled to all rights under the statutory provisions, but with the proviso that claims for damages or reimbursement of futile expenses are subject to the restrictions and exclusions provided for in § 9.
Any seller’s warranty provided by us for certain items or manufacturer’s warranties granted by manufacturers of certain items shall be in addition to claims for defects of quality or title as defined in paragraph 1. Details of the scope of such warranties shall be given in the warranty terms that may accompany the items.
We are liable to you without contractual restriction according to the legal regulations
because of intent;
for damages based on fraudulently concealing a defect in the goods or guaranteeing the quality of the goods;
for damages resulting from injury to life, limb or health which are based on an intentional or negligent breach of duty by us or otherwise on the deliberate or negligent conduct of a legal representative or vicarious agent of us;
for damages that are based on an intentional or grossly negligent breach of duty by us or otherwise due to intentional or grossly negligent conduct by a legal representative or vicarious agent of us;
according to the Product Liability Act and according to the Federal Data Protection Act.
in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
In cases other than those specified in paragraph 1, our liability is limited to compensation for typical and foreseeable damage, insofar as the damage is due to a negligent breach of material obligations by us or by one of our legal representatives or vicarious agents. Essential obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the customer regularly trusts and can rely.
In cases other than those specified in paragraphs 1 and 2, our liability for negligence is excluded. The objection of contributory negligence remains unaffected. The preceding provisions on our liability for damages apply to all contractual and non-contractual claims for damages against us regardless of their legal grounds and accordingly for our liability for reimbursement of futile expenses.
10. Applicable law
The law of the Federal Republic of Germany applies excluding the UN sales law.
CONSUMER INFORMATION AND REVOCATION INSTRUCTION
If you, as a consumer (for instance as a natural person who places the order for a purpose that can not be attributed predominantly to neither your commercial nor your independent professional activity) order goods when visiting our online store, we would like to point out the following:
The possibility of purchasing goods online on our website does not constitute a binding offer. Only the order of goods through you is a binding offer according to § 145 BGB (German Civil Code). Our confirmation of your order sent by email (order confirmation) does not yet constitute an acceptance. An effective, chargeable contract is only concluded after completion of the following steps:
Selection of the product,
put the desired product in the cart,
Confirmation of entered data by clicking,
Acceptance of the terms and conditions and confirmation of consumer information and the cancellation policy,
Entering your data,
By clicking on “Order” you make a legally binding offer,
We accept this offer as soon as we send the ordered product to you or confirm the conclusion of the contract with a second email (contract confirmation). We always confirm the occurrence by a separate email. The contract text is not stored by us. Any input errors when placing your order, you can recognize the final confirmation before checkout and correct with the help of the deletion and change function before sending the order at any time. The placement of the order and the conclusion of the contract is possible in German and English language.
The essential characteristics of the goods offered by us as well as the period of validity of temporary offers can be obtained from the individual product descriptions in the context of our Internet offer. Please note that this does not constitute a guarantee of quality, but merely serves to fulfill our pre-contractual information obligation.
The information about us can be found in our imprint, in case of queries or complaints please contact us by telephone under +49 228 28634675.
The prices quoted by us are final prices including taxes. In addition, a shipping fee (delivery and shipping costs) in the amount of € 6.90 for standard shipping within the Federal Republic of Germany will be charged. Upon request, we can also deliver your order via express shipping. The shipping fee for express shipping within the Federal Republic of Germany is € 14.90.
The purchase price is due upon you receive the email confirming the conclusion of the contract. The payment of the goods can be made via bank transfer, credit card and PayPal. If you wish to make a payment via PayPal, the goods will be handed over to the shipping company within three working days after we have received the notification about the credit from PayPal. Please note that delivery times of the shipping company may take up to thirty days. You are entitled to the statutory warranty rights.
We handle your data in accordance with the provisions of the German Federal Data Protection Act and the General Data Protection Regulation (GDPR) of the European Union. In order to ship the goods to you, we pass on the recipient data provided by you to the shipping company. There your personal data are additionally protected by the postal service data protection regulation.
If you conclude this contract as a consumer, you have the subsequent right of revocation. In case of cancellation, you have to bear the return costs. The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and where the manufacturing is based on an individual selection or determination by you or goods that are clearly tailored to your personal needs.
The European Commission has provided an Online Dispute Resolution (ODR) platform which can be found in the following link: http://ec.europa.eu/consumers/odr/. We are legally obliged to provide this information, but we do not participate in this type of dispute resolution.
RIGHT OF REVOCATION
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must contact us ARES Exclusive UG, Phone: +49 228 28634675, email: firstname.lastname@example.org by means of a clear statement (for instance a letter sent by post or an email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form. However, you are not required to use the attached sample withdrawal form.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiration of the withdrawal period.
CONSEQUENCES OF REVOCATION
If you withdraw from this agreement, we have to repay you all payments we have received from you, including delivery charges (except for the additional costs arising from your choice of a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us about the withdrawal from this contract. The deadline is met, if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
END OF THE REVOCATION INSTRUCTION
The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and where the manufacturing is based on an individual selection or determination by you or goods that are clearly tailored to your personal needs.