Sales, delivery and payment conditions
§ 1 Scope of application
All our deliveries and services for orders from consumers from our online shop www.arrivato.net (hereinafter: “online shop”) are provided exclusively in accordance with these conditions. A consumer shall be any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial, nor his independent professional, activity (§ 13 BGB).
§ 2 Conclusion of Contract
- Our offers in the online shop are subject to modifications.
- By placing an order in the online shop, the customer makes a binding offer purchasing the corresponding product. We can accept the offer until the end of the third working day following the day of the offer.
- After the receipt of the offer, we will immediately send a confirmation of receipt of the offer to the customer, which shall not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance of the offer to the customer (by e-mail), or dispatch the goods. The purchasing contract is concluded only upon our acceptance.
- The customer, who is also a consumer, is entitled to revoke the offer in accordance with the special revocation instructions on our website, which are referred to in the order, and to return the goods.
§ 3 Prices and Payment
- The prices include VAT. Shipping and packaging costs, as well as customs duties and similar charges, shall be borne by the customer and shall be invoiced separately.
- Unless expressly agreed otherwise, we only deliver against payment in advance to the method of payment indicated in the online shop or cash on delivery, in each case upon receipt of an invoice. At the customer’s request, we also deliver against cash payment at our business premises (Gottsdorfer Straße 5, 94107 Untergriesbach).
- If delivery has been agreed, our invoices are due for payment within five working days after delivery of the goods and receipt of the invoice by the customer.
- The customer is only entitled to offsetting rights or rights of retention if his counterclaims are undisputed or legally binding.
- Payments have to be made in euros.
§ 4 Delivery
- The periods and dates specified by us for the dispatch of the goods and all delivery periods specified by us, or otherwise agreed upon, are always only estimates and are therefore non-binding.
- Even if goods are marked as “in stock” on the order form, we are entitled to sell these goods at any time. Delivery will only take place while stocks last.
- If the goods cannot be delivered or cannot be delivered on time, we will notify the customer immediately. In this case we reserve the right to withdraw from the contract. In the event of withdrawal, we will immediately reimburse the customer for any payments made to us.
- We shall be entitled to make partial deliveries of separately usable goods covered by an order, of which the additional shipping costs thereof shall be borne by us.
§ 5 Shipping
- Unless expressly agreed otherwise, we shall determine the mode of shipment and the transport company at our reasonable discretion.
- We are only responsible for the timely and proper delivery of the goods to the carrier and are therefore not responsible for delays caused by the carrier. Any delivery time specified by us is therefore not binding.
- The risk of accidental loss, accidental damage or accidental loss of the goods shall pass to the customer, who is the consumer at the time when the goods are delivered to the customer, or the customer is in default of acceptance.
- We will insure the goods against the usual transport risks at our expense.
§ 6 Material Defects
We are liable as follows regarding defects of the delivery:
- Commercial or minor and reasonable deviations in the quality, colour, width, weight, equipment or design of our models does not constitute a defect to which the client is entitled to make a complaint.
- Our liability includes
- minor defects which do not reduce the value or the suitability as specified in the agreement.
- Regular wear and tear
- in the event of unsuitable or improper use or modification without our prior consent, incorrect or negligent treatment, harmful conditions, etc.
- Improper care.
- If there is a defect, the customer has the right to repair or delivery of a defect-free item (subsequent performance). We are entitled to refuse both types of subsequent performances if they are impossible for us to perform or only possible to perform at disproportionate costs.
- If the subsequent performance is impossible or has failed, the customer has the right to reduce the purchasing price in accordance with the statutory provisions, or to withdraw from the contract; this applies in particular if the subsequent performance was culpably delayed, refused, or if it fails for the second time.
- Claims for defects lapse after two years of the delivery of the item.
§ 7 Retention of title
- The delivered goods shall remain our property (reserved goods) until full payment of the purchasing price, including all additional claims, have been made in full.
- The customer is not entitled to resell, pledge or assign as security the goods delivered, and those still subject to retention of title, without our prior written consent. In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can take action against the third party pursuant to § 771 ZPO (Code of Civil Procedure) if necessary. The customer has to bear the costs of this action remaining to us despite a victory in the lawsuit according to § 771 ZPO.
- If we have withdrawn from the contract, we are entitled to reclaim the delivered goods in the event of the customer acting in breach of contract, in particular in the event of default in payment.
§ 8 Liability
- Claims for damages of the customer due to obvious defects of the delivered goods are excluded if we are not notified of these defect within a period of two weeks after the delivery of the goods.
- Claims for damages on the part of the customer are, irrespective of article 3 and for whatever legal reason, limited to the foreseeable damage typical for the contract; the same applies to claims of the customer for the reimbursement of expenses.
- In the event of an attributable, intentional or grossly negligent breach of duty, we shall be liable in accordance with the statutory provisions; any fault on the part of our vicarious agents or legal representatives shall be attributed to us. The same applies in the event of injury to life, body or health, in the event of guaranteed quality characteristics within the meaning of § 444 BGB, in the event of a delivery guarantee or in the event of liability under the Product Liability Act. In the event of reimbursement of expenses, the above shall apply accordingly.
§ 9 Data protection
- We may process or store the data relating to the respective orders insofar as this is necessary for the processing of the order, and as long as we are legally obliged to store this data.
- We will not pass on personal customer data to third parties without the express consent of the customer, unless we are legally obliged to do so.
- We are not permitted to collect, transmit or otherwise process personal customer data for purposes other than those mentioned in this § 9.
§ 10 Effectiveness of provisions
Should individual provisions of these terms and conditions become ineffective, all other provisions shall remain unaffected. The invalid provision shall be reinterpreted as closely as possible to its originally intended meaning and purpose. Should provisions of this contract not be implemented, this shall not constitute a waiver of our rights.
§ 11 Applicable law, contractual language, jurisdiction
- With respect to all claims and rights arising from this contract, the law of the Federal Republic of Germany shall apply. The applicability of the UN sales law (CISG) is expressly excluded.
- The contract language is German.
- The place of jurisdiction shall be determined according to the statutory provisions.
Untergriesbach, June 2014
Alternative dispute resolution shall be in accordance with Art. 14 Section 1 of the ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (ODR) which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration panel.