General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to specific customer requirements
  10. Special conditions for assembly/installation services
  11. Applicable law
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of AIM2 GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 For the purposes of these General Terms and Conditions, an entrepreneur 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.

2) Conclusion of contract

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

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller via email or the online contact form.

2.3 The seller may 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 by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com /de /legalhub /paypal /useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com /de /legalhub /paypal /privacywax-full If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller already declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When selecting the payment method “Amazon Payments”, payment processing is handled by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de /help /201751590 If the customer selects "Amazon Payments" as the payment method during the online ordering process, clicking the button to complete the order simultaneously constitutes a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button to complete the order.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller does not make the contract text available in any other way.

2.7 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.

2.8 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries. B. regarding goods, delivery time, shipping, returns, complaints, notices of cancellation and returns or credit notes.

4.6 When selecting the payment method "Instant Bank Transfer," payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Instant Bank Transfer," the customer must have an online banking account enabled for participation in "Instant Bank Transfer," authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and the customer's bank account is debited. Further information on the "Instant Bank Transfer" payment method can be found online at [website address missing in original text]. https://www.klarna.com/sofort/ retrieve.

4.7 When selecting a payment method offered via the "Shopify Payments" service, payment processing is handled 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 displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified separately of any such terms and conditions. Further information about "Shopify Payments" is available online at [website address missing in original text]. https://www.shopify.com/legal/terms-payments-de available.

4.8 When selecting a payment method offered via the payment service "Mollie," payment processing is handled by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie are displayed to the customer in the seller's online shop. Mollie may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified of these separately. Further information about "Mollie" is available online at [website address missing in original text]. https://www.mollie.com /de / available.

4.9 When selecting a payment method offered via the "Ratepay" payment service (e.g., Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment), payment processing is handled by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, Germany (hereinafter "Ratepay"), to which the seller assigns its claim against the customer. The specific Ratepay payment methods offered by the seller are displayed on the seller's website. The customer can only make payments with legally binding effect to Ratepay. However, the seller remains responsible for general customer inquiries (e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and their submission, or credit notes). Furthermore, Ratepay's General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.10 When selecting a payment method offered via the payment service "VR Payment", payment processing is handled by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: "VR Payment"). The individual payment methods offered via VR Payment are displayed to the customer in the seller's online shop. VR Payment may use the services of third-party payment service providers to process payments; these providers may be subject to special payment terms, which the customer will be notified of separately. Further information about "VR Payment" is available online at [website address missing in original text]. https://www.vr-payment.de /onlinehandel#article-878 available.

4.11 When selecting a payment method offered via the "Commerz Global Pay" payment service, payment processing is handled by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10-12, 50668 Cologne, Germany (hereinafter: "Commerz Global Pay"). The individual payment methods offered via Commerz Global Pay are displayed to the customer in the seller's online shop. Commerz Global Pay may use the services of third-party payment service providers to process payments. These providers may be subject to separate payment terms, which the customer will be notified of separately. Further information about "Commerz Global Pay" is available online at [website address missing in original text]. https://www.commerz-globalpay.com /de-de /solutions /e-commerce available.

4.12 When selecting a payment method offered via the payment service "Adyen," payment processing is handled by the payment service provider Adyen NV, Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen are displayed to the customer in the seller's online shop. Adyen may use the services of third-party payment service providers to process payments, for which separate payment terms may apply. The customer will be notified of these terms separately. Further information about "Adyen" is available online at [website address missing in original text]. https://www.adyen.help /hc /de available.

4.13 When selecting a payment method offered via the payment service "Unzer," payment processing is handled by the payment service provider Unzer Group GmbH, Schöneberger Str. 21 a, 10963 Berlin, Germany (hereinafter: "Unzer"). The individual payment methods offered via Unzer are displayed to the customer in the seller's online shop. Unzer may use the services of third-party payment service providers to process payments; these providers may be subject to special payment terms, which the customer will be notified of separately. Further information about "Unzer" is available online at [website address missing in original text]. https://www.unzer.com/de/payment-methods/ available.

4.14 When selecting a payment method offered via the payment service "Stripe," payment processing is handled 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 Stripe are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified of these separately if applicable. Further information about Stripe is available online at [website address missing in original text]. https://stripe.com/de available.

4.15 When selecting a payment method offered via the payment service "SumUp," payment processing is handled by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe are displayed to the customer in the seller's online shop. SumUp may use other payment services to process payments, for which separate payment terms may apply. The customer will be notified of these separately, if applicable. Further information about SumUp is available online at [website address missing in original text]. https://www.sumup.com /de-de / available.

4.16 When selecting the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within seven (7) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of this payment restriction in the payment information section of the online shop. The seller further reserves the right to conduct a credit check when the payment method "purchase on account" is selected and to refuse this payment method if the credit check is negative.

4.17 When selecting the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of this payment restriction in the payment information section of the online shop.

4.18 When selecting the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method "purchase on account" is subject to a successful credit check by Klarna AB. If the customer is approved for payment on account after the credit check, payment processing will be handled in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can only make payments with legally binding effect to Klarna AB. Furthermore, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.

4.19 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller has authorized to collect payment on its behalf. PAYONE GmbH will debit the invoice amount from the customer's specified credit card account. The credit card will be charged immediately after the customer submits their order in the online shop. Even when credit card payment via PAYONE GmbH is selected, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds.

4.20 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG will collect the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with legally binding effect. The credit card will be charged immediately after the customer submits the order in the online shop. Even when selecting credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellations, and refunds.

4.21 When selecting credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment.

4.22 When selecting the payment method "easyCredit installment purchase," payment processing is handled by TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter "TeamBank AG"), to which the seller assigns its payment claim. Before accepting the seller's assignment declaration, TeamBank AG conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the "easyCredit installment purchase" payment method to the customer in the event of a negative credit check result. If the "easyCredit installment purchase" payment method is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG according to the terms and conditions set by the seller, which are communicated to the customer in the seller's online shop. In this case, payment can only be made to TeamBank AG with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries. B. regarding goods, delivery time, shipping, returns, complaints, cancellation notices and returns, or credit notes. The General Terms and Conditions for easyCredit installment purchases also apply, which can be found online at https://www.easycredit-ratenkauf.de /marketingmaterial-schulung /allgemeine-geschaeftsbedingungen /  can be accessed.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.

5.2 For goods delivered by freight forwarder, delivery is made "free to the curb", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or unless otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.4 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the supply of goods:

7.1 If the customer is acting as an entrepreneur,

  • The seller has the choice of the type of subsequent performance;
  • For new goods, the limitation period for warranty claims is one year from delivery of the goods;
  • For used goods, warranty rights are excluded;
  • The limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The aforementioned limitations of liability and reductions of time limits do not apply.

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason.

  • in cases of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • based on a guarantee promise, unless otherwise stipulated,
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The foregoing liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. In particular, they are responsible for ensuring that no third-party rights are infringed, especially copyrights, trademark rights, and rights of personality.

9.2 The customer shall indemnify the seller against any third-party claims arising from the seller's contractual use of the customer's content and any infringement of the third party's rights. The customer shall also bear all necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a third-party claim, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or contravenes accepted standards of decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Special conditions for assembly/installation services

If, according to the contract, the seller is also obligated to assemble or install the goods at the customer's premises, as well as any necessary preparatory measures (e.g., taking measurements), in addition to delivering the goods, the following applies:

10.1 The seller will perform its services at its own discretion, either personally or through qualified personnel selected by it. The seller may also utilize the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to perform the desired service.

10.2 The customer shall provide the seller with all information necessary for the performance of the service owed, completely and truthfully, unless obtaining such information is the seller's responsibility under the terms of the contract.

10.3 After conclusion of the contract, the seller will contact the customer to arrange a date for the performance of the service. The customer is responsible for ensuring that the seller or the personnel commissioned by the seller have access to the customer's facilities at the agreed time.

10.4 The risk of accidental loss or accidental damage to the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.

11) Applicable Law

11.1 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 goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.