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General Terms and Conditions of Sale of Arendicom GmbH

I. Scope

The following General Terms and Conditions of Sale (“GTC”) apply exclusively to all orders and deliveries. Contradictory or deviating general terms and conditions of the customer from these GTC shall not be acknowledged, unless we have explicitly consented to this in writing on an exceptional basis.


II. Contracting parties, conclusion of the contract

  1. The contract shall be concluded with Arendicom GmbH.
  2. The presentation of the products inthe online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue.
  3. The customer may initially put our products non-bindingly into the shopping bag and check his entries at any time prior to sending his binding offer,by using the correction aids provided and explained for this in the order process. In ordering the required goods by sending the completely filled-out details in the ordering mask, he is submitting a binding offer for the conclusion of a purchase contract with us. The customer is bound to his offer for two days, starting from sending the order.
  4. We will confirm the receipt of the customer’s order to him without undue delay by e-mail (“order confirmation”). Subject to an express declaration to the contrary,this order confirmation shall not constitute an acceptance of the offer by us, it only informs the customer about our receipt of his order.
  5. At what point in time the contract is concluded with us, is based on the payment method selected by the customer:

CREDIT CARD

A purchase contract is concluded with us, if we request the customer’s credit card company to initiate the payment transaction upon presentation of his credit card details.


PAYPAL

A purchase contract is concluded with us, if we request PayPal to initiate the payment transaction, after the customer has confirmed the payment instruction to PayPal.


III. Contract language, contract text storage

  1. The language available for conclusion of the contract is German.
  2. We do not store the contract text.

IV. Right to cancel

Consumers have a 14-day cancellation right.


1. Cancellation right in the case of a purchase contract:


Cancellation Policy

Right to cancel
You have the right to cancel this contract within 14 days without giving any reason
The cancellation notice period is 14 days from the day on which you or a third party appointed by you, who is not the carrier, last took possession of the goods.


To exercise your right to cancel, you must inform us
Arendicom GmbH,
Ziegeleistraße 12,
82327 Tutzing,
Germany
Email: customer-service@arendicom.de,
Tel: +49 (0)8158 45453862,
Fax: +49 (0)8158 9303-66


with a clear declaration (e.g. with a letter sent by post, telefax or e-mail) about your decision to cancel this contract. You may use the attached cancellation form template, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notice of cancellation before the cancellation period has expired.


Effects of cancellation

If you cancel this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than our cheapest standard delivery method) without delay and no later than 14 days from the date on which we receive notification of your wish to cancel this contract. Unless you have expressly agreed otherwise, we will issue any such reimbursement using the same method of payment you used for the original transaction; in any event, you will not incur any fees as a result of such reimbursement. We shall be entitled to withhold the refund until we have received the returned goods or until you have provided evidence that the goods have been returned, whichever is the earlier.
You must send back or hand over the goods to us immediately and, in any case, no later than within 14 days from the day on which you inform us of your cancellation of this contract. The deadline shall be deemed to be met if you dispatch the goods prior to the expiry of the 14-day cancellation period. You shall bear the direct costs of returning the goods. You are only required to cover any loss in value of the goods if this loss in value is due to your handling of the goods beyondthat necessary for inspecting the condition, features and functionality of the goods.


2. Cancellation right in the case of a contract for the regular delivery of goods over a specified period of time:


Cancellation Policy

Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation notice period is 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the first goods.


To exercise your right to cancel, you must inform us
Arendicom GmbH,
Ziegeleistraße 12,
82327 Tutzing,
Germany
Email: customer-service@arendicom.de,
Tel: +49 (0)8158 45453862,
Fax: +49 (0)8158 9303-66


with a clear declaration (e.g. with a letter sent by post, telefax or e-mail) about your decision to cancel this contract. You may use the attached cancellation form template, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notice of cancellation before the cancellation period has expired


Effects of cancellation

If you cancel this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than our cheapest standard delivery method)without delay and no later than 14 days from the date on which we receive notification of your wish to cancel this contract. Unless you have expressly agreed otherwise, we will issue any such reimbursement using the same method of payment you used for the original transaction; in any event, you will not incur any fees as a result of such reimbursement. We shall be entitled to withhold the refund until we have received the returned goods or until you have provided evidence that the goods have been returned, whichever is the earlier.
You must send back or hand over the goods to us immediately and, in any case, no later than within 14 days from the day on which you inform us of your cancellation of this contract. The deadline shall be deemed to be met if you dispatch the goods prior to the expiry of the 14-day cancellation period. You shall bear the direct costs of returning the goods. You areonly required to cover any loss in value of the goods if this loss in value is due to your handling of the goods beyond that necessary for inspecting the condition, features and functionality of the goods.


3. Without prejudice to his statutory rights, the customer may return or hand over the goods to the supplier, who is commissioned with the delivery. We will disclose the name and address of the supplier to the customer with the delivery of the goods.


4. Without prejudice to his statutory rights,we shall refund the customer for the costs of the return shipment, if

  • the return shipment occurs in the form of standard shipping,
  • exclusively occurs within Germany,
  • the goods value of the returnable goods exceeds EUR 40 and
  • transportation is not via truck company

Supplemental fees for express shipping or insured shipping are not refunded.


5. The right to cancel does not exist with the following contracts:

  • Contracts for the delivery of goods that are not prefabricated and for which the production of an individual selection or specification by the consumer is relevant or that are clearly customised for the consumer's personal requirements.
  • Contracts for the delivery of goods, which can perish very quickly or expiration date of which would be quickly exceeded.
  • Contracts for the delivery of sealed goods, which are not appropriate for return due to health protection or hygiene reasons, if their seal has been removed after the delivery.
  • Contracts for the delivery of goods, if they have been combined inseparably with other goods afterdelivery, due to their condition.
  • Contracts for the delivery of alcoholic beverages, the price of which was arranged upon conclusion of the contract, but can be delivered no earlier than 30 days after conclusion of the contract, and whose current valuedepends on market fluctuations, over which the contractor has no influence.
  • Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery.
  • Contracts for the delivery of newspapers, journals or magazines, with the exception of subscription contracts.
  • Contracts for the delivery of goods, the price of which depends on financial market fluctuations, over which the contractor has no influence and which may occur within the cancellation period.

6. Sample revocation-form


Cancellation form template

(complete and return this form only if you wish to withdraw from the contract)

  • Arendicom GmbH, Ziegeleistraße 12, D-82327 Tutzing, Email: customer-service@arendicom.de, Fax: 49 (0)8158 9303-66:
  • I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*):
  • Ordered on (*) / Received on (*):
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (for notification on paper only):
  • Date:

(*) Please delete if not applicable.


V. Additional contractual right of return for consumers

  1. In addition to and irrespective of their statutory cancellation right, consumers may return the goods to the supplier commissioned with the delivery within a period of 15 to 21 days from receipt. The prerequisite is that a statutory cancellation right exists for the respective item (cf. Clause IV.5 of these GTC) and it is in an unused and undamaged condition.
  2. The return shipment of the goods to our supplier takes place at the expense and risk of the customer. We will disclose the name and address of the supplier to the customer no later than with the delivery of the goods. For the return, the customer may use our Online Returns Service.
  3. If the customer exercises his right of return in accordance with Clause V.1 of these GTC, we shall refund the customer with the purchase price already paid for the returned goods. Shipping costs paid by the customer shall not be refunded.
  4. The foregoing provisions leave the customer’s statutory rights unaffected, particularly his statutory cancellation right in accordance with Clause IV of these GTC, as well as possible claims for defects.

VI. Due date of the purchase price, payment terms

  1. The purchase price and shipping costs incurred shall fall due upon conclusion of the contract.
  2. The following payment methods are generally available to you in our shop:

CREDIT CARD

With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.


PAYPAL

In the ordering process, you will be forwarded to the website of the online provider, PayPal. Topay the invoice amount via PayPal, you must be registered there already or register first, 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. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the order process.


VII. Terms and conditions of delivery, self-supply reservation, shared supply reservation

  1. Shipping costs are added to the quoted product prices. Please see the offers for further details regarding the amount of the shipping costs. If a delivery attempt to the customer remains unsuccessful, for reasons that are attributable to the customer, particularly because he was not found at the specified delivery address, although a delivery time was arranged with him, he shall bear the costs of the unsuccessful delivery attempt. Further claims remain unaffected by this.
  2. If the ordered product is not available with us, because we have not been supplied by our reliable supplier, without us being at fault, in spite of placing a congruent order, we will notify the customer about such circumstance without undue delay. As a result of this, we shall be released from our performance obligation and may withdraw from the contract. If the customer has already made payments, we will refund these to him without undue delay.
  3. We will ensure a quick delivery. If part of the order is not immediately available for delivery, because we were not supplied on time, through no fault of our own, although we placed congruent orders with reliable suppliers, the remaining goods shall be delivered subsequently, without charging the flat-rate shipping fee again, if this is reasonable for the customer.

VIII. Retention of title

Ownership of the goods delivered by us shall only pass on to the customer with the full payment of all claims from the contract. For entrepreneurs, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to resell reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale -regardless of connecting or mixing of the reserved goods with a new item -in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims, however, we are also permitted to collect these ourselves, should you fail to fulfil your payment obligations.


IX. Set-off

  1. For consumers, the following applies: For claims due to defects of the delivered goods, the statutory provisions apply.
  2. For entrepreneurs, the following additionally applies: the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. Only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.

    3. The foregoing restrictions and shortened time limit do not apply to claims resulting from damages, which have been caused by us, our legal representatives or legal agents

    • for damages arising out of death, injury to body or health
    • for any intentional or grossly negligent breach of duty, as well as fraud
    • for any breach of material contractual obligations, the fulfilment of which make the properexecution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with (cardinal duties)
    • within the context of a guarantee commitment, where agreed
    • insofar as the scope of application of the Product Liability Act is open.

  3. Information about any applicable additional guarantees and their precise conditions may be found with the product and particularly on information pages in the online shop.

X. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or vicarious agents

  • for damages arising out of death, injury to body or health,
  • for any intentional or grossly negligent breach of duty,
  • for guarantee commitments, where agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

For any breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with (cardinal duties), due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.

Ceteris paribus, claims for compensation for damages are excluded


XI. Use of data

Click here for the privacy policy: Link.


XII. Jurisdiction and applicable law

  1. For traders, public-law legal entities or special public-law funds, the following applies: The jurisdiction for all disputes arising from the contract at hand is our registered office.
  2. For entrepreneurs, the following applies: German law shall apply. The UN Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG) shall not apply.

XIII. Consumer dispute arbitration

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.

We are not obligated and not prepared to participate in a dispute resolution process before a consumer arbitration board.


Version: October 2019