General Terms and Conditions

General terms and conditions of the company Auhagen GmbH, Hüttengrund 25, 09496 Marienberg/Erzgebirge, Germany, for orders placed in the online shop.

Section 1 Scope

Our services are performed on the basis of these General Terms and Conditions (GTCs). These GTCs shall also apply to all future business relationships, even if they are not expressly agreed again.

Section 2 Conclusion of contract

In placing your order, you submit a binding offer. We will send you an email confirming receipt of the order and the order itself.
However, the contract shall only come into force upon our confirmation of the order.

Section 3 Prices and delivery

The prices are final prices in EUR and include statutory VAT. Shipping costs shall be charged separately and shall be displayed before placing the order.
Delivery shall take place within the delivery times specified in the information pertaining to the item in question.

Section 4 Due date and payment

The purchase price is due immediately, to be paid in advance or via PayPal. Further payment information will be sent to you after conclusion of the contract.

Section 5 Right to cancel the contract (cooling-off period)

Consumers buying goods from us have the following right to cancel the contract:

Cancellation policy
You have the right to cancel this contract within 14 days without stating reasons. The following cancellation deadlines shall apply:

1. In the case of a service contract or a contract for the delivery of digital content that is not delivered on a physical medium: fourteen days from the date of conclusion of the contract.

2. In the case of a purchase agreement: fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

3. In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the last goods.

4. In the case of a contract for the delivery of goods in several partial consignments or pieces: fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the last partial consignment or piece.

5. In the case of a contract for the regular delivery of goods over a fixed period of time: fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the first goods.

To exercise your right of cancellation, you must inform us,

Auhagen GmbH
Managing Directors Markus Hillig and Robert Werner
Hüttengrund 25
D-09496 Marienberg/Erzgebirge
Germany
tel.: +49 (0) 37 35 / 66 84 28
email: info@auhagen.de

of your decision to cancel this contract by means of a clear declaration (for example, by post, fax, or email). If you wish, you may use the attached cancellation form template for this purpose, but this is not obligatory.
To comply with the cancellation deadline, sending notification of your decision to exercise your cancellation right prior to expiry of the cancellation period shall suffice.

Consequences of cancellation

If you cancel this contract, we must reimburse you for all payments we have received from you, including the delivery charges (except for additional costs incurred if you chose a different mode of delivery than our standard, cheapest delivery option), without delay and no later than fourteen days from the day on which we received the notification regarding your cancellation of the contract. Reimbursement shall be made using the same means of payment employed in the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline shall be met if you send the goods prior to expiry of the fourteen-day period.
You will have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of €40.00.
Please contact us by telephone to arrange a return. We shall refuse acceptance of goods returned freight collect.

You shall only be liable for any diminished value of the goods resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the goods.
"Establish the nature, etc." means the testing and trying out of the goods concerned, as is possible and usual in a retail outlet.

Exclusion of the right to cancel the contract

The right to cancel the contract shall not apply in the case of contracts

− for the delivery of goods that are not prefabricated and for the production of which an individual selection or stipulation by the consumer is decisive or which are clearly tailored to the personal needs of the consumer

and

− for the delivery of goods, if, due to their nature, these have been inseparably mixed with other goods following delivery.

End of the cancellation policy

Section 6 Compensation

If you are unable to return the received service or benefits (e.g. benefits of use) to us, either in whole or in part, or only in a deteriorated condition, we will charge compensation.

Section 7 Warranty

The warranty due to claims for defects shall be in accordance with the statutory provisions. In the case of defective goods, we shall remedy the defect by way of repair or subsequent delivery. In the case of a subsequent delivery, the original goods delivered must be returned within 30 days at our expense. Please contact us by telephone to arrange a return. We shall refuse acceptance of goods returned freight collect.

If the defect cannot be rectified, the customer may, at their discretion, reduce payment or withdraw from the contract.

Section 8 Liability

We shall only be liable for damages to the following extent, irrespective of the legal basis: In the event of intent and gross negligence, we shall be liable in full. In the event of slight and moderate negligence, we shall only be liable in the event of a culpable breach of a material contractual obligation which is essential to the achievement of the contractual objective or the culpable breach of which may endanger the purpose of the contract being achieved (cardinal obligation). In this case, liability shall be limited to damage that is foreseeable and typical of the contract.
Statutory liability for bodily injury and personal injury in the event of the assumption of a guarantee (e.g. guarantee of quality) or a procurement risk, as well as under the terms of the Product Liability Act, shall remain unaffected by the provisions above. In this case, we shall be liable in accordance with the statutory provisions.

Section 9 Transport damage and notification of defects

In order to enable the assertion of claims against the transport company or for insurance benefits in the event of transport damage, obvious damage to the packaging or to the content must be reported to the transport company upon acceptance and a complaint must be made.
If the customer is a consumer, the omission of the aforementioned notification shall not have any effect on the assertion of warranty claims.

Section 10 Data protection

In the context of the contractual relationship, your data will be stored electronically. It will not be used for any purposes other than performing the contractual relationship. Your data will not be passed on to third parties unless required by law or official regulations.

The contract data will be stored and can be requested at any time from Auhagen GmbH at the address stated above.

Section 11 Miscellaneous

The contract language is German.
The laws of the Federal Republic of Germany shall apply exclusively to all business relations. If the contractual partner is a registered merchant, Marienberg shall be deemed to be the agreed place of jurisdiction.

Section 12 General information obligations for alternative dispute resolution pursuant to Art. 14 (1) of the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act (VSBG)

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/
In the event of disputes with consumers (Section 13 of the German Civil Code (BGB)), we agree to participate in consumer arbitration proceedings in accordance with the Consumer Dispute Resolution Act.
The responsible body is the General Consumer Arbitration Board of the Centre for Arbitration at the following address:
Allgemeine Verbraucherschlichtungsstelle
des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
email: mail@verbraucher-schlichter.de
www.verbraucher-schlichter.de 

This contract text can be requested at any time in written or digital form at the address and email address specified in Section 5.