General Terms and Conditions of AUER GmbH

General Terms and Conditions of Sale for consumers

Art. 1 Scope of validity

1. These General Terms and Conditions of Sale (hereinafter referred to as GT&Cs) are valid for all agreements concluded via our online shop between AUER GmbH and you as our customer.
   These GT&Cs shall only be valid if you are a consumer.
2. All agreements concluded between you and us in connection with the purchase agreement arise, in particular, from these terms and conditions of sale, our order confirmation, and our acceptance of order.
3. The version of the GT&Cs valid on conclusion of the agreement shall be authoritative.

Art. 2 Conclusion of agreement

1. The presentation and advertising of items in our online shop does not constitute a binding offer for the conclusion of a purchase agreement.
2. By sending an order via the online shop by clicking the "order with obligation to pay" button, you place a legally binding order.
3. An agreement shall come into existence only once we have accepted your order by an acceptance or by delivery of the items ordered.

Art. 3 Terms of delivery and reservation of right to request down payment

1. Our stated delivery dates or delivery deadlines are exclusively non-binding, unless they were expressly agreed as binding between you and us.
2. You may request us four weeks after exceeding a non-binding delivery deadline or a non-binding delivery period to deliver within two weeks.
   If we fail at our fault to meet a delivery date expressly agreed as binding or a delivery period expressly agreed as binding or if we default for any other reason, you must set an appropriate period of grace for the performance of our service.
   If we let this period of grace pass without effect, you shall be entitled to withdraw from the purchase agreement.
3. We shall be entitled to make partial deliveries, inasmuch as this is acceptable for you.
4. We shall be entitled to withdraw from the agreement if the provision of the service becomes impossible for reasons that are not our responsibility. If such a case occurs, you shall be immediately informed and payments already made shall be refunded.
5. If it has been agreed upon prior that delivery shall be free of charge, the recipient is obliged, notwithstanding § 412 I HGB (German Commercial Code), to unload the goods. AUER GmbH is thus neither obliged to unload the goods they have delivered, nor to provide the necessary aids for the unloading.
6. In the event of any amendments made after dispatch (e.g. change of delivery address, request of additional services), we shall incur an additional charge currently of €15 (net) from the haulage company. Where such amendments after dispatch are made at the request of the customer, the customer shall be obliged to bear the resulting additional costs.
7. If the recipient cannot be found at the time of the initial attempted delivery of the palleted goods, the recipient must pay any resulting additional costs for the second and subsequent deliveries or storage costs.

Art. 4 Prices and payment

1. All prices in our online shop are gross prices incl. statutory value added tax and are exclusive of any mailing costs.
2. The mailing costs are stated in our price details in our online shop. The price including value added tax and any mailing costs is also stated before you send your order.

Art. 5 Terms of payment, offsetting and right of retention

1. The purchase price and mailing costs shall be paid at the latest within two weeks of receipt of our invoice.
2. You may transfer the purchase price and the mailing costs at your discretion either by down payment via bank transfer to the account stated in our online shop, via PayPal or by transferring the invoice amount after delivery.
3. If you default on payment, we shall be entitled to charge interest in the amount of 5% above the relevant base rate of the European Central Bank (ECB) from this moment in time. We reserve the right to prove that the loss incurred in this context is actually higher.
4. You shall not be entitled to offset against our claims, unless your counter-claims have been determined with legal force or are uncontested. You shall be entitled to offset against our claims if you make complaints or counter-claims under the same purchase agreement.

Art. 6 Reservation of ownership

The goods delivered shall remain in our ownership until full payment of the purchase price.

Art. 7 Warranty

We shall be liable for defects in material or title of items delivered in accordance with the valid statutory provisions, in particular sections 434 et seqq of the German Civil Code. The period of limitation for statutory claims regarding faults shall be two years and begin on delivery of the goods.

Art. 8 Liability

1. We shall be liable to you in all cases of contractual and extra-contractual liability in the event of intent and gross negligence in accordance with the legal provisions for compensation or reimbursement of anticipation expenses.
2. In all other cases we shall only be liable, unless governed otherwise under para. 3, for breaches of a contractual duty the fulfilment of which is necessary to make the proper performance of the agreement possible and on which fulfilment you may normally rely as a customer (so-called cardinal obligation), and our liability in this case shall be limited to the compensation of the foreseeable and typical loss. In all other cases, our liability shall be excluded subject to the provisions under para. 3.

Art. 9 Copyrights

We hold the copyrights to all images, films and texts that are published in our online shop. Any usage of the images, films and texts is not permitted without our express approval.

Art. 10 Choice of Law

For all disputes under this Agreement, the laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

AUER GmbH
T.: +49 (0)8075 91333-840