General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or 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 their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Atiaro.com.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
Shipping costs may apply in addition to the stated product prices. You can find out more about any shipping costs that may apply in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available to you in our shop:
Credit card
When you submit your order, you provide your credit card details. Once you have been authenticated as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the Apple service provider, have activated the Apple Pay function, identify yourself with your access data and confirm the payment instructions. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
The invoice
After receiving the goods and the invoice, you pay the invoice amount by bank transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check. We work here with the payment service provider Klarna.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever 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 company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability law applies.
When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will first provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or fraud
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the scope of application of the Product Liability Act is open.
Information about any additional guarantees that may apply 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 at the email address: service@atiaro.com.
10. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here . Consumers have the opportunity to use this platform to resolve their disputes. In order to resolve disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible. We will take part in a dispute resolution procedure before this body.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
General terms and conditions created with Rechtstexter.de .
