1.1 These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts concluded via our online store between AICI GmbH, Max-Scheler Straße 16, 50395 Cologne, Germany (hereinafter referred to as "we" or "us") and the buyer (hereinafter referred to as "you"). The GTC apply regardless of whether you are a consumer or entrepreneur within the meaning of Sections 13, 14 German Civil Code (BGB). Please read these conditions carefully before placing an order with us. By placing an order with us, you signify your agreement to be bound by these GTC valid at the time of the conclusion of the contract.
1.2 A consumer according to Section 13 German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (hereinafter referred to as "Consumer").
1.3 We do not accept your differing terms and conditions. This also applies if we do not expressly object to their inclusion.
2.1 The presentation of the products and services in our online store does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
2.2 To place an order, start by clicking the preorder/order button in the AICI online shop. If you have selected/placed goods and/or services in the shop, you are forwarded to a web page where you may enter your data and confirm it. To cancel the order process, you can simply close your browser window.
2.3 By clicking „Order with obligation to pay" in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. After submitting the order, you will receive an order confirmation, which does not yet constitute the acceptance of your contract offer. A contract comes into force between you and us as soon as we accept your order and/or booking by means of a separate email and dispatch the goods. Please check the spam folder of your mailbox regularly.
2.4 If it is not possible to deliver the goods you have ordered, for example because the goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded. We will inform you of this as soon as possible and will refund any remuneration received.
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
In our online store you may order goods or services as a guest or after opening a customer account. You will not be obliged to buy any of the goods or services offered by us only due to your registration. For information on the processing of your data, please read our data protection information under http://aici.de/privacynotice. During your application for registration, you choose a password. You must keep your login credentials, including your password, confidential and make sure that no other person than you can use the credentials to place an order with us.
5.1 The purchase price is due immediately after placing the order. The payment for the goods is made via one of the payment methods offered in the ordering process.
5.2 All prices in our online store are gross prices including VAT at the statutory rate and do not include shipping costs.
5.3 If we fulfil your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
5.4 You are not entitled to set off claims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off claims against our claims if you assert complaints or counterclaims from the same purchase contract.
5.5 As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
The goods shall remain our property until full payment.
7.1 We deliver the goods pursuant to the agreement between us. Unless agreed otherwise, delivery will be made to the delivery address indicated by you. Arising shipping costs are listed in the product description and are billed separately. The goods are shipped by post. We bear the shipping risk if and only if you are a consumer.
7.2 We are entitled to make partial deliveries, provided this is reasonable for you.
7.3 If your place of residence or business is outside Germany, or where there are reasonable grounds to suspect a risk of non-payment, we reserve the right to deliver only after receiving the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
8.1 We may offer pre-orders. Pre-orders are not binding requests for future orders to which these GTC do not apply. The announced delivery date is a rough estimate and not binding for you and us. You can withdraw from a pre-order any time.
8.2 As soon as the pre-ordered product is available, we will contact you and offer you the conclusion of a contract for the pre-ordered product.
8.3 Due to the nature of pre-orders, you acknowledge that delivery of the product may vary from the estimated delivery date.
If you are a Consumer, you have a right of withdrawal in accordance with the rules described in the information under http://aici.de/withdrawal.
10.1 If the delivered goods purchased in our online store are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
10.2 The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the regular limitation period.
10.3 Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.
11.1 We shall be fully liable for damages (i) which are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by a legal representative of us or a vicarious agent of us, (ii) which result from the breach of a guarantee assumed by us, (iii) from a fraudulently concealed defect, (iv) from injury to life, body or health resulting from a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative of us or a vicarious agent of us, and (v) under the Product Liability Act (ProdHaftG).
11.2 In case of a negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the purpose of the agreement and on whose compliance you regularly rely (Kardinalpflicht), our liability shall be limited to the foreseeable damage typical. Otherwise, liability for damages caused by slight negligence is excluded.
11.3 The parties agree that the foreseeable damage typical arising from all of the events listed under Section 12.2 shall not exceed the total amount of remuneration paid by you under the respective contract concluded. Our liability for all damages under the agreement falling under Section 12.2 shall therefore be limited in aggregate to the aforementioned amounts.
You acknowledge that all necessary compliance requirements, approvals, and certifications (including but not limited to regulatory authorizations, permits, and conformity assessments) for the use of the Product are ensured for the use of the good or service in Germany only.
If you intend to use the Product in any other country, it is your sole responsibility to verify whether the applicable legal, regulatory, and technical requirements are met in that jurisdiction. We assume no liability for any non-compliance or restrictions arising from use outside of Germany.
13.1 The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if (a) your abode is in Germany, (b) your abode is situated in a state not being member of the European Union, or (c) you are an entrepreneur within the meaning of Section 14 German Civil Code (BGB).
13.2 In the event that your abode is in a member state of the European Union and you are a consumer, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
13.3 If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time or you are a merchant within the meaning of Section 1 German Commercial Code (HGB), the jurisdiction for all disputes shall be Cologne, Germany.
The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.
We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).
15.1 We offer a customer support which can be contacted under the following.
telephone number: +49 (0) 89 92742185
email address: contact@aici.de
The customer support is free of charge.
We may offer goods with digital elements and/or digital products. A list of the goods and products, including the functionality, including technical protection measures, as well as the compatibility and interoperability of the goods with digital elements or digital products, can be found under http://aici.de/digiprod.
We retain the copyright to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.