Terms and Conditions and Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of withdrawal
- Prices and Terms of Payment
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Special Terms and Conditions for Assembly/Installation Services
- Redeeming Gift Vouchers
- Applicable law
- Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of ARS24 GmbH & Co. KG (hereinafter “the Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter referred to as the “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.4 An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the Customer may also submit the offer to the Seller by email, fax, post or telephone.
2.3 The Seller may 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 the date on which the order confirmation is received by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the date on which the Customer receives the goods is decisive, or
- by requesting payment from the Customer following the submission of their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when 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 shall be 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 processing is carried out 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 Service, available at https://www.paypal.com
2.5 When an order is placed 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 writing (e.g. by email, fax or letter) once the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller’s online shop prior to submitting their order, the order details will be archived on the seller’s website and may be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing and communication generally take place via email and automated order processing. 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. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant 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 via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the ‘PayPal’ payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Where the Seller also offers payment methods via PayPal under which the Seller makes an advance payment to the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The Seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or in the agreed instalments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal in a manner that discharges the debt. However, even in the event of an assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes.
4.6 If the “Sofortüberweisung” payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account activated for use with “Sofortüberweisung”, authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is processed by Klarna immediately afterwards and the customer’s bank account is debited. The customer can find further information on the “Sofortüberweisung” payment method online at https://www.klarna.com
4.7 If a payment method offered via the “Apple Pay” payment service is selected, the payment will be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are displayed to the customer in the Seller’s online shop. To process payments, Apple may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Apple Pay is available online at https://www.apple.com,
4.8 If a payment method offered via the ‘Google Pay’ payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (‘Google’). The specific payment methods offered via Google Pay are displayed to the customer in the Seller’s online shop. To process payments, Google may use additional payment services, to which specific terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Google Pay is available online at https://pay.google.com,
4.9 If a payment method offered via the “Ratepay” payment service is selected (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12–14, 10969 Berlin (hereinafter “Ratepay”), to whom the seller assigns its claim against the customer. The specific Ratepay payment methods offered by the seller are communicated to the customer on the seller’s website. The customer may only make payments to Ratepay which have the effect of discharging the debt. However, the seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and related correspondence, or credit notes). In all other respects, Ratepay’s General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com
4.10 If the ‘PayPal Invoice’ payment method is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the customer data provided. The seller reserves the right to refuse the ‘PayPal Invoice’ payment method to the customer in the event of a negative credit check result. If the ‘PayPal Invoice’ payment method is authorised by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer may only make payment to PayPal with discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes. In addition, the General Terms and Conditions for the use of PayPal’s ‘Buy Now, Pay Later’ service apply; these can be viewed at https://www.paypal.com
5) Delivery and Shipping Terms
5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.
5.3 If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously disclosed the identity of this person or organisation to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. This shall apply only where the failure to supply is not attributable to the seller and the seller has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately and the payment shall be refunded without delay.
5.5 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no delivery charges will be incurred.
6) Retention of title
If the seller makes an advance delivery, they retain title to the delivered goods until the purchase price due has been paid in full.
7) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
7.1 If the customer is a business,
- the seller may choose the method of subsequent performance;
- for new goods, the limitation period for claims arising from defects is one year from delivery of the goods;
- in the case of second-hand goods, rights arising from defects are excluded;
- the limitation period does not recommence if a replacement delivery is made under the warranty for defects.
7.2 The limitations of liability and shortened time limits set out above do not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods which have been used in accordance with their normal intended purpose in a structure and have caused its defectiveness,
- to any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.
7.3 Furthermore, in the case of traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are 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 set out therein, the goods shall be deemed to have been accepted.
7.5 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for compensation for damages and expenses as follows:
8.1 The seller shall be liable without limitation on any legal ground
- in cases of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, unless otherwise specified in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may reasonably rely.
8.3 In all other respects, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special Terms and Conditions for Assembly/Installation Services
If, under the terms of the contract, the Seller is obliged not only to deliver the goods but also to assemble or install them at the Customer’s premises, as well as to carry out any necessary preparatory work (e.g. taking measurements), the following shall apply:
9.1 The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s description of services, the Customer shall have no right to select a specific person to carry out the requested service.
9.2 The Customer must provide the Seller with all the information required for the performance of the service owed, in full and truthfully, provided that the provision of such information does not fall within the scope of the Seller’s obligations under the terms of the contract.
9.3 Following the conclusion of the contract, the Seller shall contact the Customer to agree on a date for the performance of the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer’s relevant premises on the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the installation work has been completed and the goods have been handed over to the Customer.
10) Redeeming gift vouchers
10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and any remaining balance on gift vouchers are valid until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be applied retrospectively.
10.4 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.
10.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
10.6 The balance of a gift voucher will not be paid out in cash, nor will it accrue interest.
10.7 The gift voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This shall not apply if the Seller is aware, or is grossly negligent in failing to be aware, of the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
11) Governing Law
11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
12) Jurisdiction
If the customer is a trader, a legal person governed by public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.
13) Code of Conduct
- The Seller has agreed to comply with the guidelines for ‘Google Customer Reviews’, which can be viewed online at https://support.google.com
14) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
