Terms and Conditions

This translation is provided for convenience. The German version is legally binding.

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Applicable law
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Aoulmi & Spering E-Commerce GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or trader (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its trade, business or profession.

2) Conclusion of contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller; they serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller can accept the Customer's offer within five days

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (for example by email, fax or letter) after the order has been sent. The Seller does not make the text of the contract accessible beyond this.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (for example transfer fees, exchange rate fees) or import duties or taxes (for example customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which it makes advance payments to the Customer (for example purchase on account or payment in instalments), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, for example regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered via the payment service "Apple Pay" is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.7 If a payment method offered via the payment service "Google Pay" is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.8 If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms can be found here:

https://5lzp709wyi8kouex-90752876873.shopifypreview.com/pages?preview_key=cff79d1e29555e333e8071ea79609b3f

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision made in the Seller's withdrawal policy applies to the costs of returning the goods.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller makes advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, rights arising from defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of deadlines set out above do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, they are asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise provided in this respect,
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer based in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless it is liable without limitation in accordance with the preceding section. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation in accordance with the preceding section.

8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Alternative dispute resolution

The Seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.