General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Contract duration and termination of the contract for subscription contracts
7. Retention of title
8. Liability for defects (warranty)
9. Removal of action vouchers
10. Removal of gift vouchers
11. Applicable law
12. Behavioral code
13. Alternative dispute resolution

1) scope

1.1These general terms and conditions (hereinafter "AGB") of Auralumina GmbH (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods and/or services shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.

1.2These terms and conditions apply accordingly to contracts for the delivery of vouchers, provided that something different is not expressly regulated.

1.3Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.

1.4Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.

1.5Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by means of a mallel delivery and the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.

2) Contract conclusion

2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods and/or services in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer with regard to the goods and/or services contained in the cork by clicking the "Order for a fee" button.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive in the customer, or
• by providing the customer to the customer, with the access of the goods to the customer, or
• by asking the customer to pay after submitting them.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.

2.4When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use https://www.paypal.com/de/WebApps/mpp/UA/Useragreem full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/WebApps/mpp/UA/Privacywax-Full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.

2.5When submitting an offer via the online order form of the seller, the contract text is saved by the seller and sent to the customer after sending his order along with the available terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending its order.

2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2.7The German language is available for the conclusion of the contract.

2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

4) Prices and terms of payment

4.1Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3Various payment options are available to the customer, which are specified in the seller's online shop right at the beginning of the ordering process.

4.4If the prepayment is agreed, the payment is due immediately after the contract is concluded.

4.5When selecting a payment method offered by the "Shopify Payments" payment service, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are informed of the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Shopify Payments" is on the Internet at https://www.shopify.com/legal/Terms playments-de available.

4.6If a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal can also use the third payment service provider's services. If the seller also offers payment methods via PayPal, in which he is in advance against the customer (e.g. invoice purchase or payment in installments), he refrains from payment claims to PayPal or the payment service provider specified by PayPal and the customer. Before accepting the seller's assignment declaration, PayPal and the payment service provider commissioned by PayPal, using the transmitted customer data, conducts a credit check. The seller reserves the right to refuse the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only provide PayPal or the payment service provider commissioned by PayPal with guilt. However, the seller also remains responsible for general customer inquiries in the event of a deduction of claims. B. for goods, delivery time, shipping, returns, complaints, declarations of cancellation and provisions or credits.

5) Delivery and shipping conditions

5.1The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2If the transport company sends the goods sent back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer has not been responsible for the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.

5.3Pick -up is not possible for logistical reasons.

5.4Vouchers are left to the customer as follows:

- by email

6) Duration of the contract and termination of the contract for subscription contracts

6.1Subscription contracts are closed indefinitely, but at least for the minimum term that is apparent from the respective product description in the online shop of the seller. The subscription contract can be terminated at any time with a notice period of one month with a notice period of one month during the minimum term of one month with a notice period of one month.

6.2The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship to the agreed termination or until the expiry of a notice period.

6.3Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (termination button) provided by the seller on his website.

7) Removal of title

If the seller arrives in advance, he reserves the right to pay the purchase price owed and all associated costs and expenses.

8) Liability for defects (warranty)

Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:

8.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the event of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded from used goods;
• the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

8.2The liability restrictions and deadline reductions, which are regulated above, do not apply

• For claims for damages and expenses of the customer,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used for a building according to their usual uses and whose deficiency have caused,
• for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

8.3In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

8.4If the contract is a company-related business in the sense of both parts, Section 343 (2) AT-AGB, the customer is responsible for commercial examination and complaint in accordance with Section 377 AT-AGB. If the customer fails to do the notification obligations there, the goods are considered approved.

8.5If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

9) Redeem of action vouchers

9.1Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter "Action vouchers" ") can only be redeemed in the online shop of the seller and only in the specified action period.

9.2Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.

9.3Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4Only one action voucher can be redeemed per order.

9.5The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.

9.6If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.7The credit of an action voucher is neither paid out in cash nor interest.

9.8The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of its statutory right of withdrawal.

9.9The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.

10) Refraining from gift vouchers

10.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers" ") can only be redeemed in the seller's online shop, unless otherwise emerging from the voucher.

10.2Gift vouchers and residual credit of gift vouchers can be redeemed by the end of the third year after the year of voucher shopping. Remaining credit will be credited to the customer until the expiry date.

10.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4With an order, several gift vouchers can also be redeemed.

10.5Gift vouchers can only be used for the purchase of goods and not to buy other gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

10.7The credit of a gift voucher is neither paid out in cash nor interest.

10.8The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.

10.9If the customer returns the goods paid in whole or in part with the gift voucher as part of his legal right of withdrawal
reimbursed as a gift voucher. If the gift voucher acquired for payment - without
Use - returned as part of the statutory right of withdrawal, the customer will be reimbursed for the purchase price of this gift voucher.

11) Applicable law

For all legal relationships between the parties, the law of the Republic of Austria applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

12) Code of Conduct

- The seller has submitted to the conditions of participation for the ECOMMERCE initiative "Fairness in Trading", which on the Internet https://www.fairness-im-handel.de/Conditions of participation/ are visible.

13) Alternative dispute resolution

13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/Consumers/ODR

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.