Terms of service

 

§ 1 SCOPE OF APPLICATION, CONTRACTUAL LANGUAGE

(1) These General Terms and Conditions (GTC) shall apply to the contracts concluded between you and us, the

• AERATRON GmbH
• Zugspitzstraße 8
• 82041 Oberhaching
• Commercial Register: HRB 280187
• Sales tax identification number: DE357905979
• Represented by the Managing Director Jochen Stockhausen via this online store concluded contracts.

(2) The relevant language for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In case of any differences between the language versions, the German text shall prevail.

§ 2 APPLICABLE LAW, MANDATORY CONSUMER PROTECTION REGULATIONS

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if (a) you have your habitual residence in Germany, or (b) your habitual residence is in a country that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union outside of Germany, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

§ 3 CONCLUSION OF CONTRACT

(1) The presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

(2) By clicking the "Order now with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview or to order the service specified in the order overview. Immediately after submitting the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or send the goods to the dispatch. Please check the SPAM folder of your e-mail inbox regularly.

(3) You can select goods for purchase in our online store by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the items in the shopping cart, confirming the button "Continue to checkout" opens a page where you can enter all the necessary order and address data. Here, the essential article details are summarized, including any costs incurred. Up to this point you can correct your entries or refrain from declaring the contract. A binding offer within the meaning of paragraph 2 is not made until you then click on the button "Order now, subject to payment".

§ 4 NOTICE OF CORRECTION

As part of the ordering process, you first place the desired goods and/or services in the shopping cart. There you can change the desired number of items at any time or remove selected goods and/or services completely. If you have placed goods and/or services there, clicking on the "Proceed to checkout" button will take you to a page where you can enter your data and select the shipping and payment method. There you can also check your entries and correct any input errors (e.g. regarding payment method, data or delivery address). If you want to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking the confirmation button "Order now with obligation to pay" your declaration becomes binding iSd § 3 para. 2 of these terms and conditions.

§ 5 STORAGE OF THE CONTRACT TEXT

The contractual provisions with details of the ordered goods and/or ordered services, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with the acceptance of the contract offer or with the notification thereof. A storage of the contract provisions by us does not take place.

§ 6 COLLECTION, STORAGE AND PROCESSING OF YOUR PERSONAL DATA

(1) You can order goods and/or services in our online store as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, but you can simply log in to your customer account before or during an order with your e-mail address and the password you freely chose during registration.

(2) For the execution and processing of an order we need the following data from you: - First and last name - e-mail address - postal address.

(3) If you would like to create a customer account, we require the data mentioned in paragraph 2 as well as a password freely chosen by you.

(4) We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), such as for the delivery of goods to the address provided by you. When paying by bank transfer, we also use your bank details for payment processing. Any use of your personal data beyond this for the purposes of advertising, market research or to tailor our offers to your needs requires your express consent. You have the option to give this consent before declaring your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.

(5) The data you provide will remain stored in your customer account until you delete it yourself. In addition, or in the event that you only order or book as a guest without creating a customer account, we will only store your data within the scope of our obligations under tax and commercial law.

(6) If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under "My account" [see above].

§ 7 TERMS OF PAYMENT

The purchase price is due immediately with the order. The payment of the goods and/or services is made by credit card (we use the transmission method "SSL" to encrypt your personal data), by bank transfer or via payment service providers paypal and Klarna. Our bank details are:

IBAN: DE37 7016 6486 0000 751740 BIC: GENODEF10HC

§ 8 RESERVATION OF TITLE

The goods remain our property until full payment. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.

§ 9 TERMS OF DELIVERY

We deliver the goods according to the agreements made with you. Incidental shipping costs are listed in each case with the product description and are shown separately by us on the invoice.

§ 10 TRANSPORT DAMAGES

Please check the shipment immediately upon receipt for completeness and integrity. If the package is damaged, please complain immediately to the delivery person. In this case, please also contact us. You will receive a replacement for the damaged items from us immediately. Insofar as you are entitled to claims against the carrier, you hereby assign your claims to us in full; we hereby already accept your offer of assignment.

§ 11 PRICES

Unless otherwise stated, the prices refer to the respective items shown according to the description, but not to contents, accessories and decoration. The prices in the online store are only valid when ordering online via order form or e-mail. Errors and price changes are reserved. The prices at the time of the order are valid. All prices include the applicable German VAT (currently of 19%). We can waive this VAT for customers with residence outside the EU. Please check with the relevant authorities for import duties and any VAT that may be charged in your country, which may be additionally at your expense!

§ 12 RECEIPTS

Please keep receipts or proof of payment! They are important as proof of purchase in case of complaints or theft for the insurance companies.

§ 13 RIGHT OF REVOCATION

As a consumer, you are entitled to a right of revocation in accordance with the instructions listed in the appendix. 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.

§ 14 EXCLUSION OR GROUNDS FOR CANCELLATION

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as is the case, for example, with bindings mounted on skis or bicycles that have been assembled for the customer using essential components specially selected by him.

The right of withdrawal also does not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB), as well as to goods if they have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 No. 4 BGB), in case of return of damaged goods and goods with traces of use which are recognizably due to a use which has gone beyond trying on or checking the goods, you shall be entitled to claim compensation from us.

§ 15 WARRANTY FOR PURCHASES OF GOODS

(1) Insofar as the goods purchased and delivered in our online store are defective, you are entitled within the scope of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become time-barred within the regular limitation period.

(3) In addition, you shall also be entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly issued such a guarantee with regard to the sold item in the individual case.

§ 16 LIMITATION OF LIABILITY

(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.

(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we shall not be liable for the constant and uninterrupted availability of our online trading system.

§ 17 ONLINE DISPUTE RESOLUTION

Notwithstanding our constant efforts to settle disagreements regarding existing contracts in agreement with the customer, we are not obligated to participate in consumer arbitration proceedings according to VSBG. We ask for your understanding that we do not offer our customers our participation in such a procedure. However, with regard to the so-called online dispute resolution on the part of the European Commission, we are obliged to inform you that an online platform is offered in this regard, which can be accessed via the following link: http://ec.europa.eu/consumers/odr . In this context, we also have the obligation to inform you of our email address, which is as follows contact@aeratron.io.

§ 18 COMPLAINTS

If, despite careful checks, you ever receive a defective or damaged product, please contact our customer service from Monday to Friday between 9:00 and 17:00. E-mail: contact@aeratron.io Phone: +49 [89] 32 76 16 80

§ 19 REPAIRS

If one of your products purchased from Aeratron GmbH should ever become defective outside the warranty period, it is often possible to have it repaired on our premises. We are also happy to forward the product to the manufacturer or supplier for repair. Here, too, a prior telephone agreement is requested. Upon request, we will provide you with a cost estimate.

§ 20 FINAL PROVISIONS

(1) The terms and conditions written here are complete and final. Amendments and supplements to these terms and conditions must be made in writing in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract. This shall also apply to any waiver of the written form requirement.

(2) If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Oberhaching.

((3) We draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr

Our email address is: contact@aeratron.io In accordance with § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract. ANNEX

CONSUMER INFORMATION AND CANCELLATION POLICY

If you order goods when visiting our online store, we would like to point out the following:

(1) The relevant language for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In the event of contradictions, the German text shall prevail.

(2) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within our internet offer.

(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you an order confirmation by e-mail or dispatch the goods. This concludes the purchase contract between you and us.

(4) You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.

(5) If the goods ordered by you are not available, we reserve the right not to provide the service, whereby we will inform you of this immediately before the conclusion of the contract.

(6) The prices stated by us are final prices including taxes. The shipping costs are shown separately with the respective products as well as in the order overview.

(7) The purchase price is due immediately with the order. The payment of the goods is made at your option by credit card (we use the transmission method "SSL" to encrypt your personal data) or, by bank transfer or through our payment service provider. Our bank details are: IBAN: DE37 7016 6486 0000 751740 BIC: GENODEF10HC

((8) We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr Our email address is: contact@aeratron.io

In accordance with § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. (9) The data required for the processing of the contract between you and us are stored by us and are accessible to you at any time. In this respect, we refer to the regulation of data protection in our GTC.

(10) For the rest, we refer to our General Terms and Conditions. AERATRON GmbH, Zugspitzstraße 8, 82041 Oberhaching Managing director: Jochen Stockhausen Commercial register: HRB 280187 Register court: Local court Munich

(11) As a consumer you have a right of withdrawal according to the following instruction:

CANCELLATION POLICY RIGHT OF REVOCATION

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day,

a) on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods;

b) in the case of an order for several goods within a single order process: on the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods; or

c) In the case of a contract for the delivery of goods in several partial consignments or pieces, on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Furthermore, please note:

You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the revocation of this contract to the return address stated below or return them to us there. The deadline is met if you send the goods before the expiry of the 14-day period.

For returns within Germany, please use the return bill stored on our website.

Please enclose a copy of the invoice with the return and for returns within Germany also the return form. After receipt of the goods, invoices paid via credit card, Sofort-Überweisung and PayPal will be charged back to the respective account!

If you want an exchange, simply place a new order in our store. When the return arrives, the purchase price will be refunded.

Please note: For returns from all other countries, you bear the direct cost of returning the goods; for goods that cannot be returned normally by mail due to their nature, the cost of return within Europe is currently estimated at a maximum of about 100 EUR.

Freight collect returns cannot be accepted.

Used goods are excluded from exchange.

Return address: AERATRON GmbH Zugspitzstraße 8 D-82041 Oberhaching

Sample cancellation form according to

Annex 2 to Article 246a § 1 Para. 2 S. 1 No. 1 and § 2 Para. 2 No. 2 EGBGB

(If you wish to cancel the contract, please complete and return this form) to

An AERATRON GmbH Zugspitzstraße 8 D-82041 Oberhaching contact@aeratron.io Phone number: +49 [89] 32 76 16 80

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it can be clearly determined to which goods the revocation refers)(*):

---

......... Address of the consumer(s): Name of the consumer(s): Signature of the consumer(s) - only in case of communication on paper: Date: (*) Delete as applicable.

 

 

 

Aeratron is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalize your shopping experience with us; that is all. Aeratron uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies are sent to your computer from Aeratron only while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalized shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience. Whenever you use our website, or any other website, the computer on which the webpages are stored (the Web server) needs to know the network address of your computer so that it can send the requested webpages to your Internet browser. The unique network address of your computer is called “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalize an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order. When purchasing from Aeratron your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact us.

This contract shall be governed by and construed according to the laws of the State of XXX

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