General terms and conditions

As of: 2017

Scope of application

These General Terms and Conditions (GTC) of JS Aupperle GmbH with its registered office at 73119 Zell unter Aichelberg, Untere Wängen 1, (hereinafter referred to as "Aupperle") apply to all contracts between Aupperle and consumers or companies relating to the purchase of goods or services.

A consumer is any natural person, who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial nor self-employed professional activity. An entrepreneur is a natural or legal entity or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity. In relation to entrepreneurs, these GTC will apply both to current and future contracts without Aupperle having to refer to them again. If an entrepreneur uses conflicting or supplementary general terms and conditions, these terms and conditions will only become part of the contract if Aupperle has expressly agreed to them.

Contractual partner

The contract is concluded with
JS Aupperle GmbH
Untere Wängen 1
D-73119 Zell u. Aichelberg

E-mail: contact@js-aupperle.com
Web: www.js-aupperle.de

Phone: +49 (0) 7164 - 147170
Fax: +49 (0) 7164 - 1471720

Conclusion of contract

The publication of the products in our online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the order button, you place a binding order for the goods contained in the shopping cart and declare your agreement with the validity of these GTC. The purchase contract is concluded by Aupperle's acceptance of the order, which is sent by a separate e-mail (order confirmation or shipping confirmation).

Delivery conditions

We deliver exclusively by mail order. It is not possible to collect the goods yourself. The stated product prices do not include shipping costs. The amount of the shipping costs is shown with the offers.

Please note that countries that are not members of the European Community may charge customs duties on your order.

Payment

Aupperle's prices are quoted in euros and include the statutory value added tax applicable at the time.

When ordering via Aupperle's online shop, the payment methods displayed at the end of the ordering process are available.

The data entered during the payment process is not stored by Aupperle, but may be stored by the selected payment provider. In this respect, the respective data protection provisions of the payment service provider apply.

Retention of title

The delivered goods will remain property of Aupperle until payment has been made in full. For entrepreneurs, the following will apply in addition: Aupperle will retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. The entrepreneur may resell the reserved goods in the ordinary course of business. The entrepreneur will assign to Aupperle in advance all claims arising from the resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and Aupperle will accept this assignment. The entrepreneur will remain authorised to collect the claims, but Aupperle may also collect claims itself insofar as the entrepreneur fails to meet its payment obligations.

Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, such damage should be complained about to the delivery agent as soon as possible and reported to Aupperle. Failure to make a complaint or report has no effect on legal claims and their enforcement, in particular warranty rights. However, this will enable Aupperle to assert its own claims against the carrier or the transport insurance.

The following will apply to entrepreneurs: The risk of accidental loss and accidental deterioration will pass to the entrepreneur as soon as Aupperle has delivered the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment. For merchants, the obligation to inspect and give notice of defects (§ 377 HGB [German Commercial Code]) will apply. If the recipient fails to notify Aupperle in accordance with § 377 HGB, the goods will be deemed to have been approved, unless the defect was not recognisable during the inspection. This will not apply if Aupperle had fraudulently concealed a defect.

Right of withdrawal of the consumer

Consumers have a right of withdrawal in accordance with § 312g in conjunction with § 355 BGB [German Civil Code]. The following will apply to the right of withdrawal for contracts for the sale of goods

++++++

Cancellation policy:

Right of withdrawal

You have the right to revoke the contract within fourteen days without giving any reason.

In the case of a purchase contract, the withdrawal period is fourteen days from the day, on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.

In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the day, on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods.

In the case of a contract for the delivery of goods in several partial consignments or pieces, the withdrawal period is fourteen days from the day, on which you or a third party named by you, who is not the carrier, have or has taken possession of the last partial consignment or the last piece.

In the case of a contract for the regular delivery of goods over a fixed period of time, the withdrawal period is fourteen days from the day, on which you or a third party named by you, who is not the carrier, have or has taken possession of the first goods.

In order to exercise your right of withdrawal, you must inform JS Aupperle GmbH, Untere Wängen 1, D-73119 Zell u. Aichelberg, info@js-aupperle.de, tel.: +49 (0)7164-147170, fax: +49 (0)7164- 1471720 by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form template for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, Aupperle will return to you all payments that Aupperle has received from you, including shipping costs, without undue delay and at the latest within fourteen days of the day, on which Aupperle received notification of your withdrawal. Aupperle will use the same means of payment for the repayment as that you used for the original payment, unless otherwise agreed with you. Aupperle may refuse repayment until receipt of the goods or proof of return, whichever is the earlier.

You must return the goods to JS Aupperle GmbH, Untere Wängen 1, D-73119 Zell u. Aichelberg, or hand them over to Aupperle there without delay and in any case no later than fourteen days from the day, on which you notify Aupperle of the withdrawal from the contract. The deadline will be met if you send or hand over the goods before the expiry of the deadline of fourteen days. Aupperle will bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

End of the withdrawal policy

++++++

The following withdrawal policy applies to the right of withdrawal for services relating to goods:

Right of withdrawal

You have the right to withdraw from the contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To comply with the withdrawal period, it will be sufficient if you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of revocation

If the contract provides that the services are to begin during the withdrawal period, you will pay Aupperle a reasonable amount corresponding to the proportion of the services already provided up to the time you notify Aupperle of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

End of the withdrawal policy

++++++

Withdrawal form template

(If you wish to withdraw from the contract, please complete and return this form).

To
JS Aupperle GmbH
Untere Wängen 1
D-73119 Zell u. Aichelberg

contact@js-aupperle.com
Tel.: +49 (0) 7164 - 147170
Fax: +49 (0) 7164 - 1471720

Withdrawal

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Ordered on (*)/received on (*):

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Name of the consumer(s):

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address of the consumer(s):

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature of the consumer(s)

(only for communication on paper) Date:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(*) Delete where inapplicable. You can also download the withdrawal form template here.

The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods, which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

Contracts for the supply of sealed goods, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

Contracts for the supply of goods if these have been inseparably mixed with other goods after delivery due to their nature,

Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

Contracts, where the consumer has expressly requested the entrepreneur to visit him/her in order to carry out urgent repair or maintenance work; this does not apply with regard to other services provided during the visit, which the consumer has not expressly requested or with regard to such goods supplied during the visit, which are not necessarily needed as spare parts during the maintenance or repair.

Shipping costs will not be reimbursed insofar as they have been additionally incurred by the consumer because he/she has opted for a type of delivery other than the cheapest standard delivery offered by Aupperle.

Liability

Aupperle will always be liable without limitation for claims based on damage caused by Aupperle, its legal representatives or vicarious agents.

in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, insofar as the scope of application of the Product Liability Act is opened.

If Aupperle, its legal representative or vicarious agent violates, through slight negligence, essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations), the liability will be limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects will apply.

For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

With respect to entrepreneurs, only Aupperle's own information and the manufacturer's product descriptions included in the contract will be deemed to be an agreement on the quality of the goods; Aupperle will not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, Aupperle will initially provide a warranty to entrepreneurs, at its discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits will not apply to claims based on damage caused by Aupperle, its legal representatives or vicarious agents

in the event of injury to life, limb or health,

in the event of intentional or grossly negligent breach of duty as well as fraudulent intent,

in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations), within the framework of a guarantee promise, insofar as agreed, insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

Terms and conditions of purchase/legal relations with suppliers

Aupperle purchases and procures its goods and services only on the basis of the following conditions. The terms and conditions of sale of suppliers will not be recognised. These are formally objected to.

The supplier undertakes to indemnify Aupperle against all warranty and liability claims of Aupperle's contractual partners, their customers or third parties and to assume such claims insofar as they are justified and arise from deliveries of goods or services of Aupperle's suppliers. Their limitations of liability and warranty are not recognised.

The warranty period and liability period will be 5 years, calculated from the date of delivery of the goods to Aupperle's customers. Warranty and/or liability reduction regulations of Aupperle's suppliers are not recognised. These are formally objected to.

Severability clause

Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, this will not affect the remaining provisions. In such a case, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the actual and economic purpose of these Terms and Conditions. The same applies to a loophole in the Terms and Conditions.

Final provisions

These GTC will be governed by the laws of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods.

If Aupperle's contractual partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the contractual partner and Aupperle will be Aupperle's registered office. The contract will remain binding in its remaining parts even if individual points are legally ineffective. The invalid points will be replaced by the statutory provisions, if any.

Aupperle is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

General terms and conditions

Downloads