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General terms and conditions


General terms and conditions for purchases in the online shop at www.aune-store.com

 
§ 1 General, Scope of Application of the General Terms and Conditions of Business

1.1 All deliveries and services are made exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.

1.2 The contractual partner is Florian Mich, Anichstraße 2a, 6020 Innsbruck, Austria, represented by the managing director, Florian Mich, service@aune-store.com, VAT identification number: ATU70461537 / DE305762085 (hereinafter "Seller").

1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter referred to as "Customers"). Consumers within the meaning of these terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when concluding a contract with the Seller.
 
§ 2 Conclusion of the Contract, Conclusion of the Contract

2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded with the dispatch of your order to us. You will receive an order confirmation by e-mail.

2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking the button [Add to shopping cart] you can put the article into the shopping cart. You can view the contents of the shopping cart at any time by clicking on the [Shopping Cart] button. You can remove or change the products from the shopping cart by clicking on the graphic [Remove article] and by changing the quantity and then clicking on the graphic [Update shopping cart]. If you want to buy the products in the shopping cart, click on the button [Checkout] on the page "Shopping cart".

In the course of the further order process, you can set up a customer account with us for your first purchase and select the shipping and payment method. You can also order as a "guest" without creating a customer account.

In the last step you receive under "order information" again an overview of your order data and can check all data again and under [back] delete or change. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting again. In order to complete the purchase, you must accept our General Terms and Conditions and press the button [order for a fee]. This will send the order to us.

Further information on data protection can be found in our data protection declaration.

§ 3 Storage of the contract text

We store your order and the entered order data. We will send you an order confirmation by e-mail and then an order confirmation with all order data. You also have the option of printing out both the order and the general terms and conditions before sending the order to us. After all, you have access to your orders at any time via your customer account.
 
§ 4 Right of revocation for consumers

The following right of withdrawal exists only for consumers in distance selling:
Cancellation policy
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

In order to exercise your right of cancellation, you must inform us (Florian Mich Anichstraße 2a, 6020 Innsbruck, Austria, service@aune-store.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
 
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You must return or hand over the goods to aune-store, c/o Argo Fulfillment GmbH, Von-Linde-Str. 11, 95326 Kulmbach immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you send the goods before the expiry of the deadline of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary for checking the condition, properties and functionality of the goods.

§ 5 Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back.)

To
Argo Fulfillment Ltd.
Von-Linde-Str. 11
95326 Kulmbach

E-mail: service@aune-store.com

I/we (*) hereby cancel the purchase contract concluded by me/us (*)

of the following goods (*)/the provision of the following services (*)

Ordered on (*)/received on (*)

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for paper communication)
 
§ 6 Prices and shipping costs

All prices are valid including the legal value added tax plus forwarding expenses. The shipping costs are clearly stated in the shopping cart system and on the order page. We deliver with DHL "Go-Green" or another supplier of our choice.

If you are a consumer, all prices include VAT plus shipping costs. 
If you are an entrepreneur and have verified and registered via the B2B program, net prices will be displayed in the shop. In the order overview a possible due value added tax is indicated depending upon supplying country.
The forwarding expenses are indicated to you on the subpage "payment & dispatch".
 
§ 7 Delivery conditions

7.1 We ship to the EU and the following countries outside the EU:
Andorra; Albania; Bosnia-Herzegovina; Iceland; Liechtenstein; Macedonia; Moldova Republic; Montenegro; Norway; Switzerland; Serbia; Ukraine, Belarus.

7.2 Unless otherwise stated in the offer, the goods will be delivered within two days in Germany, within six days in other EU countries and within 10 days outside the EU. We ship with DHL or another service provider of our choice.  

§ 8 Terms of payment

8.1 Payment can be made either by Sofortüberweisung, credit card or Paypal. For entrepreneurs who are verified and registered via the B2B program, it is also possible to agree an R3 invoice purchase. We reserve the right to exclude individual payment methods.
With payment by Sofortüberweisung or PayPal you will be led directly from the order process to the respective payment page and make the transfer.
If you pay by credit card, your account will be debited upon delivery of the goods. We accept the following credit cards: MasterCard and Visa.

8.2 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

8.3 You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

8.4 If you are a consumer, the purchase price shall bear interest at the rate of 5 percentage points above the base interest rate upon default of payment during the period of default. If you are not a consumer, the interest rate during the default is 9% points above the base rate. We reserve the right to prove and assert a higher damage caused by default.
 
§ 9 Warranty

9.1 If you are a consumer and place an order with us for a purpose which cannot be attributed to your commercial or professional activity, the warranty shall be in accordance with the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following shall apply:
 
9.2.1 Delivered goods must be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed to have been approved even with regard to this defect. § 377 HGB remains unaffected. The customer shall not be released from his obligation to inspect, even in the event of recourse by the entrepreneur pursuant to § 478 BGB. If, in such cases, he does not immediately report the defect asserted by his customer, the goods shall be deemed to have been approved even in view of this defect.

9.2.2 If a defect exists, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. In the case of these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the event of recourse pursuant to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, to the extent that these are not increased by the fact that the item was taken to a location other than the customer's registered office or commercial branch to which delivery was made. This clause does not apply in case of recourse according to § 478 BGB.

9.2.4 The customer's warranty claims, including claims for damages, shall become statute-barred after one year. This shall not apply in the event of recourse pursuant to § 478 BGB, nor shall it apply in the event of §§ 438 para. 1 no. 2 BGB or § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer and place an order with us for a purpose which cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.

10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to Clauses 10.2 to 10.8:
 
10.2.1 Insofar as the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, the liability shall be limited to the foreseeable, typically occurring damage.

10.2.2 If we or our representatives or vicarious agents have culpably breached an obligation, the fulfilment of which is essential for the proper performance of the contract, the breach of which endangers the achievement of the purpose of the contract and on the observance of which the customer regularly relies - and there is no case of liability according to the statutory provisions - the liability is limited to the foreseeable, typically occurring damage.

10.2.3 Unless otherwise stipulated in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall also apply if recourse claims are asserted against us as supplier in accordance with § 478 BGB. 

10.3 The exclusions and limitations of liability under Section 10.2 shall also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses in lieu of performance.

10.4 The exclusions and limitations of liability under Item 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 Product Liability Act (Produkthaftungsgesetz) or due to culpable injury to life, body or health. They shall also not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the case of guarantee has occurred or the procurement risk has materialised.

10.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.

10.6 Unless the limitation of liability pursuant to Clause 10.2 applies to claims arising from manufacturer's liability pursuant to § 823 BGB, our liability shall be limited to the compensation paid by the insurance company. If this does not occur or does not occur completely, we shall be obliged to assume liability up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.

10.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

10.8 A reversal of the burden of proof is not associated with the above provisions.

§ 11 Customer Service

Please contact us if you have any questions, complaints or complaints. You can reach us Monday - Friday between 8:00 a.m. and 6:00 p.m. by e-mail at service@aune-store.com
 
§ 12 Legal system, place of jurisdiction

12.1 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2 In the case of customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumer), this choice of law shall not affect the mandatory provisions of the law of the country in which the customer has his habitual residence.

12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Innsbruck / Austria, where our company has its registered office.
 
§ 13 Miscellaneous

13.1 The contract language is German.

13.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.

13.3 Online platform (OS platform) for out-of-court settlement of disputes
As an online trader, we (service@aune-store.com) are obliged to inform you of the European Commission's Online Dispute Resolution (OS) platform. This can be reached via the following Internet address: http://ec.europa.eu/consumers/odr/.