1.1Diese General Terms and Conditions (hereinafter referred to as "GTC") of Auda Invest GmbH & Co. KG (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2Verbraucher in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3Gegenstand of the contract can be - depending on the product description of the seller - both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract period at the time intervals contractually owed.
2.1Die product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2Der 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 shop, the customer enters the shopping cart and has gone through the electronic ordering process, by clicking the button concluding the ordering process, a legally binding contractual offer is made with regard to the goods contained in the shopping cart.
2.3Der seller can accept the customer's offer within five days,
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry 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 consequence that the Customer is no longer bound by his declaration of intent.
2.5Bei If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online order process, he/she also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.
2.6Bei of the submission of an offer via the online order form of the seller, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer after sending his order in text form (e.g. e-mail, fax or letter). The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account by indicating the corresponding Login-data can be retrieved free of charge.
2.7Vor binding submission of the order via the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8Für the conclusion of the contract is available in German and English.
2.9Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1Verbrauchern has a right of revocation in principle.
3.2Nähere Information on the right of revocation results from the seller's revocation instruction.
3.3Das The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract is outside the European Union.
4.1Sofern unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money 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.
4.3Die Payment option(s) is/are communicated to the customer in the online shop of the seller.
4.4Ist If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5Bei Selection of the payment method "IMMEDIATELY" the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must identify himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.6Bei If you select a payment method offered through the "mollie" payment service, the payment transaction will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter "mollie"). The individual payment methods offered via mollie Payment methods are communicated to the customer in the online shop of the seller. For the processing of payments, mollie may make use of other payment services for which special payment conditions may apply, to which the customer may be separately notified. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/.
4.7Bei Selection of the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
5.1Die Delivery of goods is made by dispatch to the delivery address provided by the customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the method of payment, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2Scheitert the delivery of the goods 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 with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3Selbstabholung is not possible for logistical reasons.
6.1Abonnementverträge will be closed for an unlimited period of time, but at least for the minimum period of time indicated in the respective product description in the online shop of the seller. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and at any time after the end of the minimum term with a notice period of 14 days.
6.2Das The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3Kündigungen must be made in writing or in text form (e.g. by e-mail).
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
8.1Ist the purchase thing defective, the regulations of the legal liability for defects apply.
8.2Handelt the customer as a consumer, then he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9.1Für all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2Ferner, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract is outside the European Union.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
11.1Die EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2Der Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.