Terms and conditions

I. Applicability of the general terms and conditions

For all contracts for services and deliveries of

Augustin Group GmbH & Co. KG

Skandinavien-Bogen 5

24983 Handewitt

(Hereinafter: seller)

only the following general terms and conditions (GTC) apply.
These GTC also apply to contracts that are concluded via the online shop at the URLs augustin-group.de, axel-augustin.de or ag-shop.de.
References to the inclusion of other general terms and conditions, business or purchasing conditions are expressly contradicted. This also applies if there are indications of such inclusions in commercial confirmation letters.

II. Contract conclusion in the online shop

Conclusion of the contract in the online shop is in German or English. The language selection is made by pressing the button marked with the respective country flag in the header area of the website.
The presentation of the goods in the online shop does not constitute a binding offer by the seller to conclude a purchase contract. The customer is hereby merely requested to submit an offer by placing an order. All presentations of goods are non-binding and are valid only while stocks last.
By submitting the order in the online shop by clicking on the “Binding Order” button, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart.
The seller only enters into contractual relationships with adult customers. The customer guarantees when sending the order that they are at least 18 years old. Furthermore, the customer guarantees that their statements regarding their age and name as well as their address are correct. Should a minor bring about an order by specifying false facts or do so without the permission of their full legal representative, the seller will challenge their contractual declaration due to fraudulent misrepresentation (§ 123 BGB). The seller further reserves the right to assert any costs incurred against the customer.
The seller confirms receipt immediately after receipt of the order by e-mail. This confirmation of receipt does not include the acceptance of the offer.
Within 2 working days of receiving the order, the seller checks the availability of the ordered goods and confirms the order to the customer. This period does not apply in times of absence due to holidays, which will be pointed out in the online shop and in the ordering process. The acceptance of the contract offer of the customer takes place only by transmission of this order confirmation. If no order confirmation is transmitted, acceptance of the contract offer of the customer takes place by sending the goods or by handing over the goods to the customer.

III. Contract conclusion outside the online shop

Catalogs, leaflets, advertisements, and other references to products that the seller holds for sale, which are not sent to individual customers, are not considered offers.
The contract is only concluded by an order from the customer and the subsequent order confirmation of the seller, at the latest by delivery of the ordered goods by the seller.

IV. Prices, shipping costs, payment options

All prices quoted by the seller include all taxes, in particular the currently applicable value added tax and other price components. The prices at the time of the order are decisive for the contract.
For conclusion of contracts in the online shop, the following provisions in no. 2-9 apply:
Notwithstanding the provision in para. 1, the prices excluding VAT are displayed for customers who have logged on as business customers in the online shop.
In addition to the total price, shipping costs are incurred, about which the customer is separately informed during the ordering process before the conclusion of the binding order.
During the order process, the customer has the possibility to choose between the following payment options: prepayment, PayPal, cash on delivery and cash on pickup.
Prepayments are to be made by bank transfer to the following bank details of the seller:

Nord-Ostsee Sparkasse

IBAN: DE 93 2175 0000 0005 0023 89

BIC: NOLADE21NOS

Payments with PayPal must be made by the customer directly after completion of the order process. The order process is set up so that the payment process is initiated immediately after the order has been sent.
For payment by cash on pickup, a telephone agreement on a collection date at the premises of the seller is required. Payment is in cash.
For the payment by cash on delivery a COD charge of € 7.50 is due; for cash on delivery abroad a COD charge of € 17.00 is due.
If an obligation to repayment arises on the part of the seller, the following applies: For payment by the customer with Paypal, the amounts to be refunded will be credited to the customer’s PayPal account. For prepayment or cash on delivery or cash on pickup, the refund will be made by bank transfer. In these cases, the customer is required to provide their bank details by e-mail or in writing.

V. Delivery times

The seller will ship the goods ordered in the online shop immediately after confirmation of the order according to section II.6, usually within 2 working days. For goods that have not been ordered through the online shop, the delivery time is 5 working days after conclusion of the contract.
If the goods ordered by the customer are not available within the period specified in no. 1, the seller will inform the customer immediately.
If the customer is not a consumer within the meaning of § 13 BGB, the following also applies:
The seller assumes no procurement risk for ordered goods. The seller is entitled to withdraw from the contract if the delivery item cannot be obtained despite the prior conclusion of a corresponding purchase contract and despite demonstrable efforts to purchase from the supplier.
If the failure to comply with an agreed delivery time is due to force majeure, labor disputes, fire, unforeseeable hindrances or other circumstances for which the seller is not responsible, the delivery or execution time is extended for the duration of these circumstances. This also applies if the seller defaults upon occurrence of the hindrance.
If the hindrance continues for more than one month, both the seller and the customer are entitled to withdraw from the contract without further ado. Any further rights of the customer remain unaffected. The seller will notify the customer of a performance hindrance immediately, and in the case of withdrawal will immediately refund already provided payments to the customer.

VI. Delivery, transport, risk bearing

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions in no. 1-4 apply:

The seller is entitled to partial deliveries.
The seller selects the transport company for the transport of the purchased goods, which offers the best mode of delivery in terms of price, reliability and speed.
With the transfer to the transport company, the risk passes to the customer. The seller is released from the obligation to perform with the transfer to the transport company. The transport of the goods occurs at the risk of the customer. At the request of the customer, the seller will conclude transport insurance. The cost of insurance must be borne by the customer.
No. 3 also applies if partial deliveries are made or the seller provides additional services, e.g. transport costs or delivery.

VII. Right of withdrawal

If the customer is a consumer within the meaning of § 13 BGB, they have a right of withdrawal regarding the goods ordered via the online shop or outside the online shop by phone, fax or e-mail. The customer is instructed of this right as follows:

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the final goods.
To exercise your right of withdrawal, you must contact us:

Augustin Group GmbH & Co. KG

Skandinavien-Bogen 5

24983 Handewitt

Tel.: +49 (0) 4608 / 973660

Fax: +49 (0) 4608 / 97366250

E-Mail: widerruf@augustin-group.de

When contacting us, you must provide a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the withdrawal form template for this purpose, but it is not required. You can electronically fill out and submit the withdrawal form template on our website (http://www.axel-augustin.de/shop2/Formulare/Widerrufformular.pdf). If you make use of this option, we will immediately send you (e.g. via e-mail) a confirmation of the receipt of such a withdrawal. In order to maintain the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we will repay all the payments we have received from you, including the delivery costs (except for the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer), immediately and at the latest within 14 days from the day on which the notice of your withdrawal from this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for fees for this repayment. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than 14 days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

End of withdrawal policy

VIII. Warranty, transport damage during return, inspection obligations

The seller assumes the warranty for the delivered goods in accordance with the statutory provisions. The limitation period for claims for defects is 2 years and begins on the day of delivery of the item to the customer. The warranty does not cover wear and tear.
In addition, the warranty does not cover defects and damages that are causally related to the fact that the customer has not complied with the regulations on the use and usage conditions of use of the goods. This does not apply if the customer proves that these circumstances are not the cause of the alleged defect.
In the case of defects in purchased goods, the customer may demand rectification or replacement at its own discretion. If one of the two types of supplementary performance is only possible for the seller at disproportionately high costs, the customer’s claims are limited to the other type of supplementary performance. If the supplementary performance fails twice, the customer can withdraw from the contract or demand a reduction of the remuneration. For minor defects, however, the customer has no right of withdrawal.
If the customer chooses to withdraw from the contract because of a legal or material defect after failed supplementary performance, the customer is not entitled to any claim for damages due to the defect.
The seller is not liable for any damage caused by improper packaging by the customer for return to the seller.

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions in no. 5 - 8 additionally apply:

Notwithstanding the provisions in no. 1, the limitation period for claims for defects is 1 year.
§ 377, 378 HGB remain unaffected.
Augustin Group is only obligated to reimbursement for removal and/or installation costs if the defect could not be identified by an inspection before installation of the item. The remuneration of wages is made in the case of a recognized warranty claim according to the guidelines of our suppliers. Only the cost price will be accepted. Labor costs for the removal and/or installation of more than 50,42 EUR plus VAT per hour are considered disproportionate.
If the customer chooses to withdraw from the contract because of a legal or material defect after failed supplementary performance, the customer is not entitled to any claim for damages due to the defect.

IX. Returns policy

If you are not satisfied with a product, you may return it within 60 days. This right exists in addition to your legal right of withdrawal and does not limit either your right of withdrawal or your entitlements you have based on a withdrawal.
The following conditions apply to the additionally granted right of return:

the return form must be completed and returned together with the goods
the product must not have been used or installed
the product is not damaged
the product must be complete, i.e. manual or included accessories and assembly tools must be completely returned and not be damaged
the product must be in its original packaging

The following are excluded from the right to return:

items out-of-stock
custom or special orders, i.e. goods which we do not stock but that were ordered on customer request
electronic components, such as engine control devices
goods that cannot be transported by the parcel forwarding service

The right of return exists from the day you take receive the respective goods.
The Augustin Group will bear the costs of return within Germany. Contact us by email in that context (retoure@augustin-group.de).
Should you independently task a shipping service provider with the return shipment, you will have to bear the costs and risks.
Returns shipped from abroad are always at your expense and risk.
Your 14-day legal right of withdrawal remains unaffected by the right of return explained above.

X. Retention of title

All goods supplied by the seller remain the property of the seller until full payment.

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions in no. 2 - 5 additionally apply:

The seller remains the owner of the delivered goods until receipt of all payments from the business relationship with the customer.
The customer is obliged to insure the reserved goods for the duration of the retention of title against damage caused by fire, water, theft and burglary. The customer assigns all rights under this insurance in the amount of the outstanding payment amount to the seller. For the duration of the retention of title, the customer further assigns to the seller in the amount of the outstanding payment amount all claims due to destruction or deterioration of the reserved goods.
In the case of seizure or other interference by third parties, the customer is obligated to notify the seller immediately in writing so that the seller can bring an action in accordance with § 771 ZPO. If the judicial and extrajudicial costs from a lawsuit in accordance with § 771 ZPO have been determined against the third party in favor of the seller and an attempt of execution against the third party is fruitless, the customer is obligated to reimburse the seller for the costs not attained from the third party as well as the costs of the enforcement.
The customer is entitled to resell the delivered goods in the ordinary course of business. The customer hereby assigns all claims against their customers or third parties arising from the resale in the amount of the seller‘s claim to the seller, irrespective of whether the delivered goods were resold without or after processing. The customer remains authorized to collect on this claim even after the assignment. The right of the seller to collect the claim for itself remains unaffected by this authorization. However, the seller shall not collect the claim as long as the customer complies with their payment obligations from the proceeds received, does not default on payment and/or there is no application to open insolvency proceedings against the customer and the customer has generally not ceased payments. However, if one of these conditions exists, the seller may demand that the customer disclose the assigned claims and their debtors in written form, provide all information necessary to collect the claims, hand over the relevant documents and notify the debtors of the assignment.

XI. Limitation of liability

The seller is liable in cases of intent and gross negligence in accordance with statutory provisions.
In addition, the seller shall is only liable under the Product Liability Act due to injury to life, limb or health or due to culpable violation of essential contractual obligations (essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely) or insofar as the seller has fraudulently concealed a defect or assumed a guarantee for the quality of a delivery item. Any further liability is excluded.
If the customer is entitled to compensation for damages instead of performance or damages for breach of essential contractual obligations, the liability is limited to the contractually typical, foreseeable damage.

XII. Restriction of offsetting and right of retention

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions in no. 1 - 2 apply:

The customer can only offset against claims of the seller with undisputed or legally established claims.
The customer can exercise a right of retention or a right to refuse performance only in respect of undisputed or legally established counterclaims.

XIII. Applicable law, place of fulfillment, jurisdiction

The contract is governed by German law. The validity of the uniform UN sales law is excluded.

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions in no. 2 - 3 additionally apply:

For all claims arising out of or in connection with the contract existing between the customer and the seller, the place of performance is the seller’s domicile.
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is Handewitt.

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