The General Terms and Conditions with customer information
As of October , 2017
- Area of application
- Conclusion of contract
- Right of cancellation
- Prices and terms of payment
- Delivery and shipping terms
- Liability for defects
- Governing law
- Information about Online Dispute Resolution
1. Area of application
1.1 The General Terms and Conditions (hereinafter GTC) of the akury Gmbh (hereinafter trader) apply to all transactions between a consumer or business-person (hereinafter customer) and the trader pertaining to goods or services offered in the trader's Online Shop. Herewith, the inclusion of the customer's own conditions is waived, unless otherwise stipulated.
1.2 According to these GTC, a customer shall be a natural person who orders a product for a purpose that is neither for his trading nor his professional freelance activity.
1.3 According to these GTC, a business-person shall be any natural or juridical person or an incorporated partnership which acts by performing its commercial or independent professional activities when concluding a legal transaction.
2. Conclusion of contract
2.1 The items in in the trader's Online Shop do not represent legally binding offers, but rather only a request to the customer to submit an offer of purchase.
2.2 The customer can place their order using the integrated order form in the trader's Online Shop. Having placed the goods and/or services in the virtual shopping cart and gone through the electronic ordering process, the customer submits a legally binding offer in terms of the goods and/or services in the shopping cart by clicking the Order button. Furthermore, the customer can submit a binding offer of purchase by placing an order by telephone, by fax, in writing or by E-mail.
2.3 The trader can accept the customer's offer within 5 days.
- by providing the customer with a written order confirmation or an order confirmation by fax or E-Mail insofar the customer's receipt of the order confirmation is essential
- by delivering the ordered goods to the customer insofar the customer's receipt of the goods is essential or
- by requesting payment from the customer after the submission of their order.
Should there be more than one of the said alternatives available, the contract comes into effect when one of the said alternatives first comes into effect. Should the trader not accept the customer's offer within said period, this mean the customer's offer has been declined and the customer is no longer bound to their declaration of intent.
2.4 The period of acceptance of the offer begins on the day after the customer sends the offer to the trader and ends upon expiry of the fifth day subsequent to the dispatch of the offer.
2.5 Upon submission of an offer using the trader's online order form, the trader's contract test is saved by the trader and sent to the customer along with the GTC at hand by E-mail, fax or post. The contract text is not longer avaiable to the customer on the trader's website after submission of their order.
2.6 Prior to the binding submission of the online order form, the customer is free to modify their information at any time using the usual keyboard and mouse functions. Moreover, all information is displayed in a confirmation window prior to submission of the binding offer and can be modified using the usual keyboard and mouse functions if so desired.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 As a rule, contact is made and the order processed by E-mail and the automatic order processing. The customer is to ensure that the E-mail address entered by them for the order is correct and that the mails sent by the trader can be received by the customer. Customers who use SPAM filters are to pay special attention the all the trader's E-mails or E-mails from third parties hired to complete the order can be delivered.
3. Right of cancellation
3.1 The customer has in principle a right of cancellation.
3.2 More information about the right of cancellation result from the trader's notice of cancellation .
4. Prices and terms of payment
4.1 Unless otherwise stipulated in the trader's product description, the prices quoted are the total cost including value added tax. If applicable, additional delivery and shipping costs are quoted separately in the respective product description.
4.2 Deliveries to countries outside the European Union may be subject to surcharges to be borne by the customer not the trader. Such surcharges include bank transfer fees (e.g. remittance fees and exchange commissions) or import duties and/or taxes (e.g. customs fees). Such costs for money transfers can be incurred even if the delivery goes to a country within the European Union if the customer completes the transaction from a country outside the European Union.
4.3 The customer can avail of a number of payment options which are listed in the Online Shop.
4.4 If prepayment is stipulated, payment is to be effected directly after contract conclusion.
5. Terms of delivery and shipping
5.1 The delivery of goods is effected regularly on the dispatch route and to the delivery address indicated by the customer.
The delivery address provided by the customer is essential of the completion of the transaction. By way of derogation, the selection of the payment option PayPal renders the delivery address on file at PayPal at the time of payment essential.
5.2 Should the forwarder return the dispatched goods to the trader, as it was not possible to effect delivery at the customer's address, the customer shall bear the costs for the unsuccessful delivery. This does not apply when the customer is not responsible for the circumstances which prevented the successful delivery or when the customer was temporarily unable to accept the rendered service, unless the trader informed the customer of the service in advance and in good time.
5.3 For organisational reasons it is not possible to pick up the good in person.
6. Liability for defects
6.1 If the purchased item is defective, the trader shall assume liability for defects in accordance with the statutory regulations.
6.2 The customer is requested to complain about deliveries with obvious transport damage to the forwarder and to inform the seller hereof. If the customer fails to do so, it shall in no way affect the legal and contractual claims for defects.
7. Governing law
7.1 All legal relations between parties are governed by German law excluding the laws regarding the international sales of commodities. The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory rights of the country in which the customer has their habitual residence do not revoke such provisions.
8. Place of fulfilment, jurisdiction
If the customer is a public juridical person, special public law asset agency or a merchant for which the agreement forms part of his commercial enterprise in the territory of the Republic of Germany, the parties agree upon the the trader's head office as the single place of jurisdiction for all disputes directly or indirectly arising from this contractual relationship. Should the customer have customer have their head office outside the territory of the Republic of Germany, the trader's head office shall be the only place of jurisdiction for all disputes directly or indirectly arising from this contractual relationship if the contract can be viewed as a part of the customer's vocational or commercial activities. In the aforementioned cases the trader is entitled to seek redress in the court designated for the customer's head office.
9. Information about online disputeresolution
9.1 Information about online dispute resolution:
The EU Commission provides a platform about Online Dispute Resolution online at: http://ec.europa.eu/consumers/odr
This platform serves as a contact point to settle out-of-court disputes resulting from online purchases or contracts for services of which the consumer is a participant.
Note: This translation is for information purposes only. The German text as of October 2017 shall prevail in the event of any discrepancy between this version and the original.