General terms and conditions
§1 Validity of the General Terms and Conditions of Business
- These General Terms and Conditions apply to all contracts/orders concluded between AIMOTION and its clients (hereinafter referred to as “Client”). They also apply to online orders via the website www.aimotion-smartliving.de (hereinafter referred to as “website”).
- The General Terms and Conditions shall apply exclusively. AIMOTION does not recognise any conflicting or deviating terms and conditions of the customer unless AIMOTION has expressly agreed to their validity in writing.
- Legally relevant declarations and notifications to be made by the customer to AIMOTION after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing in order to be effective.
- Any acceptance of goods and/or services by the customer shall result in the unrestricted acceptance of these General Terms and Conditions. This does not affect the possibility of proving acceptance of the terms and conditions of sale in a manner other than acceptance of goods/services.
- These General Terms and Conditions shall also apply to all future contracts with the customer.
§ 2 Services provided by AIMOTION
- AIMOTION offers a multifunctional living accessory: A combination of a lamp/mirror/outdoor loudspeaker with integrated music system and the sale of connectors (devices that make existing stereo systems network-compatible and can also be connected to AIMOTION devices) as well as further extension components (hereinafter referred to as “AIMOTION device(s)”).
- Depending on the agreement, AIMOTION assembles the products on site at the customer’s premises or delivers the goods to the customer, who then organizes the mounting himself.
- Internet/-WiFi and the individual online services and applications are not included in the scope of services of the AIMOTION devices, but must be purchased separately by the customer from the respective supplier.
§ 3 Conclusion of contract
- The offers of AIMOTION are subject to change and non-binding.
- If the customer’s order qualifies as a binding application to conclude a contract pursuant to § 145 BGB, AIMOTION shall be entitled to accept the offer within two weeks of receipt.
- If AIMOTION does not react within the acceptance period, silence cannot be regarded as acceptance. The acceptance of an order is only effective if it is made in writing or by e-mail and signed by a representative authorized by AIMOTION.
- After conclusion of the contract, the customer is not entitled to change or cancel orders without AIMOTION’s consent.
§ 4 Online orders
Order process and contract conclusion
For online orders via the website, the customer can add the selected AIMOTION devices to the shopping cart. He can then place a legally binding order. An order is only possible if the customer confirms by mouse click on the corresponding box that he has read the General Terms and Conditions and agrees with their validity. In order to order via the website, the following individual steps must be carried out:
- Add AIMOTION device(s) to shopping cart
- Enter delivery and payment information
- Actively agree to the General Terms and Conditions and the revocation policy
- send the order via the button “Buy”. Before sending the order, it is possible to check the data and correct possible errors during the input. Immediately after receipt of the order, an automated e-mail is sent in which the receipt of the offer is confirmed without this already constituting acceptance of the offer. In the case of online orders, the contract is concluded if AIMOTION accepts the offer in a corresponding order confirmation by e-mail. The presentation of the AIMOTION devices on the website does not represent a legally binding offer but a non-binding online catalogue. By clicking the button “order for a fee” you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order follows immediately after sending the order and does not constitute an acceptance of the contract. The order of the customer is accepted only by dispatch of a binding confirmation of order by e-mail.
By providing a valid e-mail address, the customer agrees that his orders may also be received and processed by e-mail. The customer is hereby expressly informed that misuse cannot be ruled out during email transmission. AIMOTION is not able to check the correctness of the sender and the correctness of the content of email orders. Regardless of this, the customer asks AIMOTION to accept such electronic orders for execution. AIMOTION is released from all liability and recourse claims arising from an improper use of the transmission system.
2. Right of revocation, revocation instruction with on-line orders
2.1 Right of revocation for consumers for online orders
If the customer orders AIMOTION devices online via our website and is a consumer (i.e. a natural person who concludes a legal transaction for a purpose which can predominantly not be attributed to his commercial or professional activity), he has a right of revocation according to the statutory provisions, about the existence/non-existence of which he is instructed in the respective ordering process and here in the following text.
2.2 Cancellation policy for goods
Consumers whose contractual declaration is directed towards the conclusion of a contract for the delivery of goods (e.g. purchase of goods) are entitled to a right of revocation in accordance with the following provisions:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you are the carrier,
– The goods have been or will be in your possession if you have ordered one or more goods as part of a uniform purchase order and the goods are or will be delivered uniformly;
– You have taken possession of the last goods if you have ordered several goods in a single purchase order and the goods are delivered separately;
– You have taken possession of the last partial shipment or the last piece if you have ordered goods that are delivered in several partial shipments or pieces.
In order to exercise your right of revocation, you must
AIMOTION UG (limited liability)
Phone: 040 57257993
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement in respect of any of the Goods in your Order, we will refund to you all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. If you revoke the contract only in respect of certain goods, we will refund the purchase price for these goods. For this refund we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning goods that can be sent as a parcel. You shall also bear the direct costs of returning goods which cannot be sent by parcel post. The costs are estimated at a maximum of about 400 €.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for testing their condition, properties and function.
General Terms and Conditions AIMOTION UG (limited liability) (“AIMOTION”), Managing Directors: Aileen Herpell and Timo Lühmann
End of the revocation instruction
Exceptions to the right of revocation and premature expiry of the right of revocation
The right of withdrawal shall not apply to contracts for the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination by the consumer or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely in the case of the following contracts for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their nature or for the delivery of sound or video recordings or computer software, which were delivered in a sealed package and the seal was removed after delivery.
2.3 Cancellation Policy for Services
Consumers whose contractual declaration is directed towards the conclusion of a contract for the provision of services (e.g. assembly services) are entitled to a right of revocation in accordance with the following provisions:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must
AIMOTION UG (limited liability)
Phone: 040 57257993
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement.
You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment for such refund as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services commence during the withdrawal period, you shall pay us a reasonable fee equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total scope of the Services provided for in the Agreement.
End of the revocation instruction.
Special reference to the premature expiry of the right of revocation:
Your right of revocation expires prematurely if the service has been completely rendered and the execution of the contract has begun after you have given your express consent to this and you have taken note of the fact that you consequently lose your right of revocation if the contract is completely fulfilled by us.
2.4 Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
AIMOTION UG (limited liability)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
/the provision of the following service (*):
Appointed on (*): /received on (*):
Name(s) of consumer(s): Address of consumer(s):
Signature of consumer(s) (only for paper notifications):
(*) Delete as appropriate.
§ 5 Prices – Terms of payment, default of payment
- Unless assembly has been agreed, the prices shall be ex Hamburg, plus packaging and the actual transport costs incurred; these shall be invoiced separately.
- The statutory value added tax is included in the prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
- The deduction of cash discounts is not permitted unless it has been expressly agreed.
- Unless otherwise stated in the order confirmation, the purchase price is due without deduction 60% after conclusion of the contract and 40% after invoicing. The advance payment covers the risk of expenses incurred by AIMOTION through contractual obligations with its suppliers. The timeliness of the payment depends on the receipt of the money. Bills of exchange and cheques shall not be deemed payment until they have been honoured.
- The various payment options, also for online orders, are shown on the website as part of the ordering process.
- The legal regulations concerning the prerequisites and consequences of default of payment shall apply. AIMOTION’s claim against merchants for the commercial interest due (§ 353 HGB) remains unaffected.
- The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or acknowledged by AIMOTION. Furthermore, the customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
- Payments made by the customer will always be used for the oldest due invoice, contrary to any redemption provision.
- Bills of exchange and cheques are only accepted on account of performance. If AIMOTION accepts bills of exchange, discount and bank charges shall be borne by the customer and are to be paid immediately in cash. The submission of bills of exchange or cheques does not count as cash payment. As far as bills of exchange with later due dates are concerned, AIMOTION reserves the right to demand cash payment against return of the bills of exchange.
§ 6 Delivery time, delay in delivery
The agreement of delivery periods presupposes the express confirmation by AIMOTION in writing.
- Compliance with AIMOTION’s obligation to perform further presupposes the timely and proper fulfilment of the obligation and also the customer’s obligation to cooperate. The customer must prepare the construction site in such a way that AIMOTION can carry out the assembly without obstacles. The defence of non-performance of the contract remains reserved.
- As long as the customer is in arrears with a liability from the ongoing business relationship, AIMOTION’s obligation to perform shall be suspended.
- AIMOTION is entitled to partial deliveries as far as these are reasonable for the customer.
- If the customer is in default of acceptance or if he culpably violates other duties to cooperate, AIMOTION is entitled to demand compensation for the damages incurred, including any additional expenses. Further claims or rights remain reserved.
- If the conditions for default of acceptance are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance.
- Furthermore, AIMOTION is liable according to the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which AIMOTION is responsible or in case of injury to life, limb or health; any fault of AIMOTION’s employees, representatives or vicarious agents shall be attributed to AIMOTION. If the delay in delivery is not due to an intentional or grossly negligent breach of contract for which AIMOTION is responsible, AIMOTION’s liability for damages shall be limited to the foreseeable, typically occurring damage.
- AIMOTION shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which AIMOTION is responsible is based on the culpable breach of an essential contractual obligation (this is an obligation the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
- All events and circumstances beyond the control of AIMOTION and its suppliers, such as force majeure, natural disasters, war, labour disputes, shortage of labour, energy or raw materials, traffic or operational disturbances, official orders, fire or explosion damage, shall extend the agreed delivery periods by the duration of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than two months, each party shall be entitled to withdraw from the contract with regard to the unfulfilled part. Insofar as AIMOTION has binding delivery periods resulting from
If AIMOTION is not able to comply with the delivery for reasons for which it is not responsible (non-availability of the service), the customer will be informed immediately and at the same time will be informed of the expected new delivery period. This does not affect the right of the customer to set a reasonable grace period. If the service is also not available within the new delivery period, AIMOTION is entitled to withdraw from the contract in whole or in part; any consideration already provided by the customer will be refunded immediately. In case of non-availability of the service in this sense, the non-timely self-delivery by AIMOTION’s suppliers shall be considered in particular if a congruent covering transaction has been concluded with them. A congruent covering transaction exists if AIMOTION possesses a delivery contract on the day of the conclusion of the purchase which, objectively speaking, is such that AIMOTION can supply its customer with the same security as promised to it in the event of a smooth expiration of the contract. AIMOTION’s statutory rights of rescission and termination as well as the statutory provisions on the execution of the contract in the event of an exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected. The customer’s rights of withdrawal and termination shall also remain unaffected.
- Otherwise, AIMOTION shall be liable in the event of a delay in delivery for each completed week of delay only within the framework of a lump-sum compensation for delay amounting to a maximum of 0.5 % of the delivery value, but not more than 5 % of the delivery value in total.
- Further legal claims and rights of the customer remain reserved.
§ 7 Transfer of risk, packaging and shipping costs
- Unless otherwise stated in the order confirmation, delivery ex works Hamburg is agreed – unless assembly is owed.
- At the request and expense of the buyer, the goods will be shipped to another destination (“distance purchase”). Unless otherwise agreed in writing, AIMOTION is entitled to determine the type of dispatch (in particular choice of transport company, dispatch route, packaging, etc.) itself. In the case of sale by delivery to destination, the customer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the customer. Any customs duties, fees, taxes and other public charges shall also be borne by the customer.
- The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover; in the case of collection by the customer, this shall be ex works Hamburg. In the case of sale by delivery to destination, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
- Separate agreements shall apply to the return of packaging.
§ 8 Assembly/Installation
The prices quoted for assembly/installation presuppose a normal assembly procedure without complications. In case of difficulties, which, in order to make an installation possible at all, require additional services such as welding, electrical, caulking, masonry, concrete or locksmith work etc., AIMOTION may, at its discretion, demand appropriate remuneration for these additional works or instruct the customer to create the conditions or have them created. The additional expenses incurred by AIMOTION shall in any case be reimbursed at an hourly rate. The valid hourly rate for assembly work will be communicated to the customer prior to assembly during contract execution and is also available on the website at any time.
§ 9 Quality of goods, obligation to give notice of defects, acceptance
- If no assembly services have been agreed, the customer has to check the AIMOTION devices immediately after delivery or after collection ex works Hamburg whether they are faultless and suitable for the agreed purpose. Any defects in delivered or collected AIMOTION devices which are recognizable during the inspection must be reported immediately, at the latest within eight (8) days after receipt of the AIMOTION devices, hidden defects immediately after their discovery in writing stating the order data and the invoice, production and shipping numbers. If the customer fails to do so, the AIMOTION device shall be deemed approved. The prerequisite for acceptance of any complaint is proper storage of the AIMOTION equipment after delivery.
- If assembly of the AIMOTION devices at the customer’s premises has also been agreed, the customer must accept the service. If AIMOTION demands the acceptance of the service after completion – if necessary also before expiry of the agreed execution period – the customer has to carry it out within 12 working days; another period can be agreed. Acceptance may be refused until rectification due to material defects. If no acceptance is required, the service shall be deemed accepted upon expiry of 12 working days following written notification of completion of the service. If no acceptance is requested and the customer has used the service or part of the service, acceptance shall be deemed to have taken place 6 working days after commencement of use, unless otherwise agreed. The risk shall pass to the customer upon acceptance.
§ 10 Warranty for defects
- If no assembly has been agreed, claims for defects by the customer presuppose that he has properly fulfilled his obligations to inspect and give notice of defects pursuant to § 377 HGB in conjunction with § 7.1 of these General Terms and Conditions.
- If no assembly by AIMOTION has been agreed upon, but if the customer arranges this on his own initiative, the customer himself is responsible for an appropriate assembly and any errors caused by an improper assembly. This shall also apply if the customer commissions a specialist company with the installation. In this case, the specialist company is responsible for any damage caused by or within the scope of the installation. AIMOTION is not responsible for assembly errors or damages caused by improper assembly or damages caused later. The basis of AIMOTION’s liability for defects is primarily the agreement made about the quality of the goods. Only express determinations confirmed in writing by AIMOTION with the customer shall be deemed an agreement on the quality of the goods or a guarantee. Only technical defects that would have been avoidable according to the current state of the art are considered defects, but not taste aspects.
- If the quality has not been agreed, it is to be judged according to the legal regulation whether a defect is present or not.
- If there is a defect, AIMOTION is entitled, at its discretion, to supplementary performance in the form of removal of the defect or new delivery/reproduction. In the case of the removal of the defect or the replacement delivery, AIMOTION is obliged to bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the object of purchase was brought to a place other than the place of performance. After successful replacement delivery, the customer has to return the rejected goods to AIMOTION.
- The customer will handle the AIMOTION devices to be returned carefully and pack them carefully so that transport without damage is possible.
- If the supplementary performance fails, the customer is entitled to either withdraw from the contract or demand a reduction of the purchase price. A failure of supplementary performance shall only be deemed to have occurred after three unsuccessful attempts at supplementary performance.
- AIMOTION shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of AIMOTION’s representatives or vicarious agents. Insofar as AIMOTION is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage. If the customer chooses to withdraw from the contract due to a legal or material defect after failed subsequent performance, he shall not be entitled to any additional claim for damages due to the defect.
- AIMOTION is not liable for direct, indirect or accidental damages or for consequential damages, for lost profits or for business interruptions which are based on the use or lack of use of telecommunication and network services. This also applies if AIMOTION has been informed of the possibility of such damages.
- AIMOTION is also not liable for ensuring that Internet use via the AIMOTION systems functions without interruptions or errors. AIMOTION assumes no responsibility and is not liable for any damage caused by external influence on the customer’s system or during the process of data transmission between the customer and AIMOTION or via the AIMOTION devices.
- AIMOTION is not liable for the software of external providers or for its functioning on the AIMOTION devices. Furthermore, AIMOTION is not liable for the fact that the customer has the necessary technical requirements: In particular, the customer is aware that the prerequisite for the commissioning and use of AIMOTION devices is an Internet/router with WLAN with sufficient range/strength. If the WLAN strength is not sufficient, disturbances may occur. In addition, only products marked for AIMOTION devices can be operated with a LAN cable. The customer himself must ensure that the technical requirements are met or manufactured by him.
- AIMOTION shall be liable in accordance with the statutory provisions if AIMOTION culpably violates an essential contractual obligation. A breach of duty shall be deemed to have occurred if the breach of duty relates to a duty on the fulfilment of which the customer has relied and may have relied. In this case too, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
- Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory statutory liability under, inter alia, the Product Liability Act.
- Unless otherwise regulated above, the liability of AIMOTION is excluded.
- The limitation period for warranty claims is twelve (12) months, calculated from delivery.
- The limitation period in case of a delivery recourse according to §§ 478, 479 BGB remains unaffected.
- If the customer has asserted a warranty claim against AIMOTION and it turns out that either no defect exists or the asserted defect does not oblige AIMOTION to provide a warranty, the customer has to reimburse all expenses incurred by AIMOTION if he is responsible for the assertion of AIMOTION grossly negligently or intentionally.
§ 11 Product information, recommendations
If AIMOTION provides information about the characteristics of the products sold or about other circumstances or if AIMOTION gives technical advice or a recommendation, this is done to the best of AIMOTION’s knowledge, but without obligation. Such information, advice or recommendations do not exempt the customer from carrying out his own tests. Claims for damages cannot be asserted against AIMOTION in this respect.
§ 12 Securing retention of title
- AIMOTION reserves the right of ownership of the object of purchase or the goods assembled by AIMOTION until receipt of all payments from the business relationship with the customer. In case of breach of contract by the customer, in particular in case of default of payment, AIMOTION is entitled to reclaim the object of purchase or the goods assembled by AIMOTION. The taking back by AIMOTION of the object of purchase or the goods assembled by AIMOTION constitutes a withdrawal from the contract. AIMOTION is entitled to sell the purchased goods after taking them back or the goods assembled by AIMOTION, the proceeds of the sale are to be set off against the liabilities of the customer – less reasonable costs of sale.
- In the event of seizures or other interventions by third parties, the customer must inform AIMOTION immediately in writing so that AIMOTION can take legal action in accordance with § 771 ZPO (Code of Civil Procedure). If the third party is not able to reimburse AIMOTION for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred by AIMOTION.
- The customer must treat the goods with care until the transfer of ownership and insure them appropriately.
- AIMOTION undertakes to release the securities to which AIMOTION is entitled for a period of time of the customer to the extent that the realisable value of the securities exceeds the claims to be secured by more than 10 %; the choice of the securities to be released is incumbent on AIMOTION.
§ 13 Place of jurisdiction – place of performance
- The contractual and non-contractual legal relationships with the customer shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) as well as the customs and practices applicable at the place of performance.
- The exclusive local and international jurisdiction of the Hamburg Local Court or the Hamburg Regional Court shall be agreed if the customer is a merchant. However, AIMOTION is also entitled to bring an action at the customer’s place of business or before other courts competent under domestic or foreign law.
- Unless otherwise stated in the order confirmation, the place of performance shall be AIMOTION’s place of business.
© AIMOTION 2019