General terms and conditions of autoaid GmbH for the purchase of hardware
These terms and conditions (“terms and conditions”) apply to all contracts for the purchase of hardware made via our platform www.autoaid-diagnose.de. Customer’s conditions deviating from these shall not form part of this contract even if we do not expressly deny their validity.
Contracts are concluded with autoaid GmbH, Helmholtzstr. 2-9, 10587 Berlin (hereinafter “autoaid”) represented by its Managing Director, Mr Mortiz Funk. Further information regarding the communications data and information about the company can be found in the legal notices listed at www.shop.autoaid.de/impressum.
2. Offer and conclusion of contract
The placement of the hardware on the platform is not a binding offer to close up a contract. To initiate the ordering process, first add the desired products to your shopping cart and click on the "Select" button. On the next page you can enter all relevant data. The required data must be accurately recorded in order to ensure a smooth service. Before the order is finally sent to us the entire order content will be displayed again. You may then change your order. You make a binding offer for the conclusion of the contract only when you finally send the order. Following receipt of the order, we will send a confirmation of your order by E-Mail together with these terms and conditions and, if you are a consumer – instructions regarding the revocation. This email does not constitute acceptance of the offer. An acceptance is made via a separate email from us. Only then does a contract arise. There is no right to a contract. Individual consumers may pay in advance, via paypal or on delivery. Companies must pay in advance. After payment has been made, we will send you the selected products by mail to the address specified by you.
3. Prices
The valid price is that shown in the respective offer. The agreed prices are inclusive of the applicable value added tax, but exclusive of the cost of packing and shipping. Shipping is carried out at our free discretion. We deliver in standard packaging; the cost of special packaging (e.g. seaworthy packaging) shall be borne by the customer. We are entitled, but not obliged to insure the goods at the customer's expense. Cargo and free shipment is carried out only after special written agreement.
4. Terms of payment
Companies are to pay the invoiced amount within 21 days of receipt of the invoice. With individual consumers we shall collect the sum via a direct debit mandate at the conclusion of the contract. If the customer tests the aD + Diagnostic software within the four-week trial period, payment is due 14 days after the trial period ends. Collection by direct debit takes place only after the trial period has expired.
5. Right of retention; Setoff prohibition
The customer has only a right of retention insofar as it is based on the same contractual relationship. The customer may only offset counterclaims that are either undisputed or legally binding.
6. Delivery, scheduled delivery dates
We deliver worldwide. Delivery times are based on the information of our German Post AG DHL logistics partner and can be viewed at http://www.dhl.de/de/paket/pakete-versenden/weltweit-versenden.html. Delivery is achieved through shipment from stock to the address supplied by you. The availability of the goods and their dispatch time are determined from the order confirmation. Unless otherwise agreed, stated delivery times and dates are not binding on us. Deliveries are always subject to availability. As far as we may be responsible for a delay in delivery, or if a delivery becomes impossible, and this is not through intent or gross negligence on our part, liability for damages is excluded. We reserve the right to further claims by you. If we are already in default and you set a deadline, with a reasonable period of grace, and with penalty for non-completion you are entitled after the expiry of this deadline to withdraw from the contract or to claim damages for non-performance, but the latter only if the delay is due to intent or gross negligence or in the case of slight negligence based on the breach of contract. If delays in delivery are for reasons for which we are not responsible (force majeure, third party, etc.), the delivery period shall be extended appropriately. You will be informed immediately. If the delay caused is longer than eight weeks after the conclusion of the contract either party is entitled to withdraw from the contract. We are entitled to make partial deliveries. Should there be a default in acceptance or violations of other obligations to cooperate, we are entitled to demand compensation for damages incurred by us, including any additional inclusions by you. In this case, the risk of accidental loss or accidental deterioration of the goods is transferred to you at the time when you fall into arrears.
7. Klarna Terms
Pay after delivery
Autoaid and [url=https://www.klarna.com target=blank]Klarna[/url] (AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden) now offer you payment via Klarna. With Klarna you are not required to disclose your account details. Furthermore, you only pay after you have received your goods. So you can buy online in a simpler and safer way.
- Receive your goods first and pay afterwards
- 14 days payment term
- No need to disclose your bank account details
- Financing possibilities available
Please note that Klarna is only available to private customers. autoaid assigns its claims against you to Klarna. Your payment therefore is to be made to Klarna. Please find the full terms and conditions for Klarna payments here. autoaid does not charge any additional fee for Klarna payments.
Data privacy
Please note that Klarna is only available to private customers. autoaid assigns its claims against you to Klarna. Your payment therefore is to be made to Klarna. Please find the full terms and conditions for Klarna payments [url=https://cdn.klarna.com/1.0/shared/content/legal/terms/45950/en_de/invoice?fee=0 target=blank]here[/url]. autoaid does not charge any additional fee for Klarna payments.
Data privacy
Klarna revises and evaluates the provided information and may exchange specified data with companies and credit agencies in case of legitimate interest. Personal data will be handled in compliance with data protection provisions and Klarna’s [url=https://cdn.klarna.com/1.0/shared/content/policy/data/en_de/data_protection.pdf target=blank]privacy policy[/url].
8. Warranty and liability
In the case of a defect to goods delivered by us you have statutory warranty rights. autoaid accepts responsibility for damages only in cases of intent, gross negligence, negligent violation of body, life, or health, simple negligent breach of a material contractual obligation (so-called "cardinal obligation", which means a duty whose fulfillment enables the achievement of the purpose and on whose fulfillment you may therefore, regularly rely), in the case of breach of express warranty to be designated as such and in the case of a mandatory statutory liability under the Product Liability Act. With a slightly negligent breach of a cardinal obligation, liability is limited to contract-typical damage foreseeable at the time of concluding the contract.
9. Returns, when exercising the right to return
Should you as a consumer make use of your legal right to return goods (see the following cancellation policy in paragraph 11), you have to bear the cost of returning the goods if the delivered goods correspond to those ordered and if the price of the returned goods does not exceed €40.00, or if you have provided no consideration or a contractually agreed partial payment at a higher price for the item at the time of the revocation. If, in the course of using the trial version as a consumer or as an entrepreneur, you make use of your allowed right of return (see the following return policy in item 12), you are always obliged to bear the cost of returning the item yourself. In order to keep our prices low and customer-friendly, we ask you to observe the following instructions (just to clarify: This is not a precondition for the effective use of the right to return items): Please avoid damage and contamination. Send the goods to us, if possible, in their original packaging and with all packaging components. Use a protective outer packaging. If you do not have the original packaging, please provide a suitable package for adequate protection from damage during transport in order to prevent damage due to inadequate packaging.
10. Right of rescission/withdrawal
If you are a consumer (sec. 13 German Civil Code), you have a statutory right of withdrawal according to the following instruction. Right of rescission/withdrawal You can revoke your contract within 14 days without giving reasons, in writing (e.g. letter, fax, e-mail). The time limit begins after receipt of this instruction in a text form, however not before conclusion of the contract and also not before fulfilment of our information obligations pursuant to Article 246 sec. 2 in connection with sec. 1 paragraph 1 and 2 draft Law and also does not fulfil our obligations according to sec. 312e paragraph 1 sentence 1 German Civil Code in conjunction with Article 246 sec. 3 German Civil Code. Making the revocation within the revocation period is sufficient. The revocation must be sent to: autoaid GmbH, Helmholtzstr. 2-9 10587 Berlin Email: info@autoaid.de Revocation follow-up In case of an effective cancellation any mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If you are only able to return to us in part the performance received and benefits (e.g. benefits of use), or can only return in a deteriorated condition, you must pay us compensation for the value you have had. This may nevertheless oblige you to fullfil the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your contract termination, for us with their receipt. Special notes Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of revocation. End of the cancellation policy
10. Returns policy when using the autoaid diagnosis Plus Software Trial
In the event that you as a consumer or company have acquired hardware relating to the diagnosis autoaid Plus software as a four-week trial, you can return the purchased hardware to us within four (4) weeks after the conclusion of the contract. This is achieved by returning the wares within four (4) weeks after the conclusion of the contract, to: autoaid GmbH, Helmholtzstr. 2-9, 10587 Berlin. The postal stamp determines the timeliness of the return. You are responsible for the costs and risks of the return. The regular right of withdrawal by a consumer in sec. 11 is unaffected by the right to return.
11. Diverse: Final provisions and changes to the Terms of Use.
The law of the Federal Republic of Germany shall apply. If you have no general jurisdiction in Germany or in another EU Member State or have moved your permanent home after the effective date of these Terms of Use to abroad, or your domicile or habitual residence at the time of the action is not known, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. If you are a company the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. If any provision of these Terms and Conditions be or become invalid and / or statutory provisions contradict such, this shall not affect the remainder the effectiveness of the Terms of Use. The ineffective provision shall be replaced by a provision, decided by the parties in mutual agreement, which reflects the economic purpose of the invalid provision in a legally effective manner. The above provision applies in case of loopholes.