Terms and Conditions
General Terms and Conditions der ARS Produktion, Kückelswerth 26, 40883 Ratingen
§ 1 Scope (1) These general Terms and Conditions apply to all business relations between the ARS Production and their customers in their respective, at the time of the conclusion of contract current version. (2). Our general Terms and Conditions apply exclusively. Opposing or deviating conditions from our customer shall not be accepted unless ARS Production has expressly agreed in writing to individual cases. (3) Consumers in the sense of our general Terms and Conditions are natural persons with whom a business connection has been established without any commercial or independent professional activity being attributable to those persons. Entrepreneurs in the sense of our general Terms and Conditions are legal or natural persons, or legally authorised groups of persons (companies), with whom a business connection has been established, who act in pursuance of a commercial or a self-employed activity. Consumers in the sense of our general Terms and Conditions are both consumers and entrepreneurs.
§ 2 Provider Identification
Owner Annette Schumacher
Tel.: +49 (0) 2102 867129 E-Mail: firstname.lastname@example.org VAT ID No.: DE 121614034
§ 3 Conclusion of the Contract (1) The representation on computer through the Internet of the assortment from ARS Production does not constitute any offer in the sense of of §§ 145 ff BGB (German Civil Code). They are without obligation and non-binding. (2) According to §§ 145 ff BGB, by completing an order to ARS Production in the realm of the order process, you make a binding offer to conclude a contract with ARS Production. (3) You will receive a technical order confirmation on the Web site and via e-mail after you place your order. You will have your purchase order repeated for you in this automatic e-mail, and you will get, as an attached file, our general Terms and Conditions with information on revocation rights. The electronic order confirmation does not constitute acceptance of the contract yet, because we have to review the purchase order first. Please check your order confirmation for obvious typing and calculation errors as well as for discrepancies between your order and our confirmation. You are obliged to inform us immediately of any such discrepancies. (4) The sales contract is concluded when we accept your order by means of delivering the merchandise or via notification of delivery within the indicated delivery time.
§ 4 Shipment costs / Shipping methods / Delivery (1) The prices are prices in EURO including handling and the legal value added tax, if applicable according to the corresponding legal provisions and are subject of change. The shipping costs are: Germany: EUR 0, 00 Europe: EUR 5,00 abroad: EUR 8,00. (2) Shipping methods: Deutsche Post DPD (3) Delivery: - ARS Production will ship the merchandise you ordered as soon as possible to the address stated in your order. - The delivery time is 2 to 5 working days. - Statements about estimated delivery times are not binding if ARS Production has not given the customer a binding written assurance in the individual instance. - We retain the right to make part deliveries. If the customer has no interest in a partial delivery, do not open the merchandise further until the remaining delivery has arrived. If the merchandise is opened, the customer has to bear the caused depreciation in the case of a revocation at the end of the withdrawal period. Additional shipments costs incurred as a result will be borne by us insofar as the purchaser is not responsible for such deliveries.
§ 5 payment date/ payment methods/ invoice (1) The purchase price and any applicable shipping costs will be at the time of conclusion of the contract. The purchaser shall default if he has not paid no later than 10 days after the conclusion of the contract. There is no need for any separate agreement to such effect. ARS Production offers a variety of convenient payment options for purchasing: - Bank transfer (prepayment) in Germany and Europe - WorldPay (MasterCard, VISA) - PayPal (direct debit, bank transfer, credit card or PayPal-account) If no payment has been received 10 days after receipt of the order, then the order will be automatically cancelled. Outside the European Union, we only accept the payment via credit card as part of WorldPay and PayPal. In case of return or the non-payment of a debit note, you do hereby irrevocably empower your bank to provide us with your name and current address details. Bank transfer If you choose bank transfer as payment method, no further costs will be charged. As soon as your order is being processed, we send you an email to confirm the delivery note as well as our account details. We would ask you to pay the amount due as soon as possible, as merchandise are dispatched only on receipt of payment. In order to ensure quick and smooth process, we kindly ask you to consider following points: - On the transfer form, please state the complete order number as stated in the e-mail order confirmation in the ‘reference line’ and your name. Other information in the field ‘reference line’ is not necessary. - Please enter the correct invoice amount. Do not round up / off the amount, as we will not be able to immediately assign the amount to your payment, and a delay in dispatch may arise. - All remittances must be in a single payment in the full amount of the invoice. If the bank transfer consists of several installments, we will not be able to immediately assign the amount to your payment, and a delay or cancellation in dispatch may arise. - Please do only fill in one transfer form. Otherwise we will not be able to immediately assign the amount to your payment, and a delay in dispatch may arise. According to the applicable law, bank transfers within the EU are the same as those for payments within a single EU country. PayPal We can offer you with PayPal, a payment method, of which we are convinced. PayPal, a company of eBay, is an easy to use convenient and secure way for individuals and companies to send and receive money from the Internet. Therefore no charges will occur. Payments will then be as easy, secure and quick. PayPal is an Internet bank where you have an account. Select your preferred payment method appearing in the PayPal window. The prerequisite is that you must already possess a PayPal account or open a new PayPal account. With PayPal payments can be accomplished in the Internet safe, fast and free of charge by debit, transfer, credit card or by your PayPal assets. Further information is available on: www.PayPal.de WorldPay Our partner for payments per credit card is WorldPay, a company of the Royal Bank of the Scotland Group. If no pay by credit card, your data will be verified via WorldAlert from WorldPay. WorldAlert is a fraud detection system. All credit card payments will undergo several examinations. The examinations are free of charge. You can see the Conditions of credit card payments at any time here and store these on your computer. The general Terms and Conditions of worldpay.de may apply. Further Information is available on: www.worldpay.de The following credits cards are accepted: MasterCard, VISA If you select this payment method during the online order process, you will be directed to the secure and encrypted page of WorldPay, to enter your credit card details. The invoice amount is then automatically deducted from your account. Your account will be debited upon acceptance of the order. (2) Invoice For each delivery, you will receive a detailed invoice stating the value added tax. In cases of warranty, this invoice is also proof of purchase and you should keep it for any claim you may have.
§ 6 Reservation of property All deliveries will be provided exclusively subject to the reservation of property. ARS Production retains ownership of merchandise supplied until they are in receipt of full payment of all claims resulting from the relationship with the ordering party. The customer shall not be entitled to pledge the privileged property or transfer title by way of security. In the case of pledges and seizure or other orders by third parties, the costumer has to immediately notify ARS Production.
§ 7 Revocation ARS Production gives costumers the statutory right of revocation in long-distance sales for their orders for private purposes. Information concerning the right of revocation. If you place an order for private purposes, as a consumer, you shall no longer be bound to the declaration of intent pertaining to conclusion of the contract if you have revoke within the specified period of 2 weeks. The right of revocation excludes the delivery of audio or video recordings or software, in cases where the user has unsealed the delivered data carriers. Revocation performance The cancellation need not include any reason and shall be declared in form of text or by returning the merchandise within 2 weeks to the seller; punctual sending shall be sufficient for observance of the deadline or the merchandise Revocation must be sent to: ARS Produktion Annette Schumacher Kückelswerth 26 40883 Ratingen Telephone: +49 (0) 2102 867129 Fax: +49 (0) 2102 66933 E-mail: email@example.com VAT ID No.: DE 121614034 Revocation period Revocation period depends upon several prerequisites. For online orders, we are obliged to provide a number of provisions in order to advise and assist the customer in recognizing errors while entering his/her data; we are obliged to give essential information on contract and content, contract language and how to save the contract text. The customer must also be provided with key information on the product offering and the contract once again in text form (f. e. letter, e-mail, fax), to start the deadline/date of notification. Under no circumstances shall the revocation period begin before the customer has received the information on revocation in text form. For delivery of merchandise, the withdrawal period starts on the day the customer receives the merchandise. Date of notification/Deadline The period shall begin on the first day after the day on which the last precondition has been fulfilled has expired. If there is a dispute regarding the start of the period, the burden of proof shall be borne by ARS Production. It shall be sufficient to submit the declaration of revocation Consequences of revocation Upon receipt of revocation ARS Production is obliged to refund any payments that may have been made; the purchaser is obliged to return any goods received. The merchandise must be returned to ARS Production in proper state, without use tracks, in original packaging and freely by right third to the ARS Production. In the event of an item order value of up to 40 euros, the customer pays the costs of returning the item. In case of a higher order value and return of unsolicited or defective merchandise, ARS Production will refund the shipment costs at any time. However, please also provide adequate postage in case of reimbursement.
§ 8 Transfer of risk The risk of any accidental loss or deterioration of the merchandise shall pass on to the customer upon transfer of the merchandise to a forwarding agent (carrier, shipping company) or any other person or institution charged with the dispatch of the merchandise. If the customer is a consumer, the risk of accidental loss and accidental worsening of the product shall be transferred to the customer at the time of delivery of the product to the customer. When the arrears of acceptance arise, the risk of accidental deterioration and accidental destruction shall pass to the purchaser.
§ 9 Liability for defects Liability for defects exists if the merchandise delivered is defect. As far as the customer is consumer, he has the right to choose between rectification of the defects or replacement delivery. Should rectification or substitute delivery fail, the purchaser may request a reduction in price or annul the contract. The customer has to report in writing any obvious defects immediately, latent defects immediately after discovery thereof by precisely stating the reasons for defects. Complaints about obvious defects shall be excluded 30 days after receipt of the merchandise at their destination. The purchaser is obliged to take the item featured in the complaint unchanged into careful safekeeping and keeps it available for inspection and testing by us. For damage claims on the basis of a defect §10 shall apply for costumers.
§ 10 Liability (1) Our liability for damages, regardless of the legal grounds but shall be limited to willful intent and gross negligence. This does not apply to damages to life, body or health caused by negligent violation of duties by ARS Production or for claims pursuant to the product liability law. The limitation of liability also does not apply to any other damages that are an act of willful intent or gross negligence or ARS Production neglected essential business duties it has to take responsibility for. We shall be liable insofar as we or our agents or legal representatives fail to fulfill our duties intentionally or by gross negligence. (2) Insofar as liability for damages for minor negligence not relating to injury to the life, body or health of the customer is not excluded, such claims lapse within a year, commencing with the assertion of the claim.
§ 11 Data protection (1) The personal data shall be handled in accordance with the provisions stipulated by Federal Data Protection Law, Teleservices Law as well as Telecommunication Law. In the realm of the business relationship, the customer accepts that personal data is electronically processed and stored. The data is not disclosed to unauthorized third parties. For the purpose of the credit evaluation and credit monitoring, data will be made available to credit rating agencies and affiliates. The transmission of customer data to a company commissioned by us for the purpose of winding up of an agreement and accounting expressly qualifies as authorised. The Customer hereby agrees processing client data (f.e. order confirmation) also via e-mail. (2) The costumer is entitled to request information about the data store by ARS Production about itself and to have this deleted if necessary and possible. As a matter of fact, on-site support is made available to the costumer at firstname.lastname@example.org
§ 12 Other/Final provisions (1) You only have the right to offset if your counterclaims have been deemed legally valid or we have confirmed this in writing. (2) Insofar as a jurisdiction agreement is legally allowed, place of jurisdiction shall be the place of ARS Production. Place of execution (fulfillment) is also the current seat of ARS production. (3) The law of the Federal Republic of Germany shall apply exclusively, excluding both reference to private international law and the UN Convention on Contracts for the International Sale of Merchandise (CISG). (4) Subsidiary agreements, amendments and supplements must be in writing. This shall also apply to the abovementioned requirement for the written form. (5) Should individual provisions of these general Terms and Conditions be or become ineffective, the validity of the remaining general Terms and Conditions shall not be affected. The same shall apply to any lacking provisions in the contract.
§ 13 Online-Streitbeilegung in Verbraucherangelegenheiten
Nach der EU-Verordnung Nr. 524/2013 über die Online-Streitbeilegung in Verbraucherangelegenheiten ist ab dem 9. Januar 2016 für Verbraucher die Möglichkeit vorgesehen, Streitigkeiten mit Unternehmern im Zusammenhang mit Online-Kaufverträgen oder Online-Dienstleistungsverträgen außergerichtlich über eine Online-Plattform (OS-Plattform) beizulegen. Diese Plattform wird von der EU-Kommission eingerichtet und über den folgenden Link zugänglich gemacht: http://ec.europa.eu/consumers/odr/. Bitte beachten Sie: Nach Angaben der EU-Kommission ist die OS-Plattform für Verbraucher ab dem 15. Februar 2016 erreichbar.
Stand: September 2014 (§ 13 vom 20.01.2016)