Information according to § 5 TMG
Aileen Herpell, Timo Lühmann
Phone: +49 (0) 40 57257993
Entry in the commercial register.
Register court: Hamburg Local Court
Register number: HRB 137865
Sales tax identification number according to §27 a sales tax law:
WEEE-Reg.-Nr.: DE 97884849
Responsible for the content according to § 55 ABS. 2 RSTV:
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
You can find our e-mail address in the imprint above.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer mediation body.
Liability for content
As a service provider we are responsible according to § 7 Abs.1 TMG for our own contents on these pages according to the general laws. According to §§ 8 to 10 TMG we as service providers are not obliged to monitor transmitted or stored third-party information or to search for circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. A liability in this respect is however only possible from the time of knowledge of a concrete violation of the law. As soon as we become aware of such infringements, we will remove the content immediately.
Liability for links
Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal infringements at the time of linking.
However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of any legal infringements, we will remove such links immediately.
The contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. As soon as we become aware of any infringements, we will remove such content immediately.
§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
Phone: +49 (0) 40 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 GmbH (“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
Phone: +49 (0) 40 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.
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 2021
1. An overview of data protection
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on our website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analysed when your visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you.
You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about the tools and about your options to object, please consult our Data Protection Declaration below.
2. General information and mandatory information
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Phone: +49 (0) 40 57257993
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Information about, blockage, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
- In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
- If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
- If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
3. Recording of data on our website
In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.
Hence, the processing of the data entered into the contact form occurs exclusively based on your consent (Art. 6 Sect. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
4. Analysis tools and advertising
This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics uses so-called cookies. Cookies are text files, which are stored on your computer and that enable an analysis of the use of the website by users. The information generated by cookies on your use of this website is usually transferred to a Google server in the United States, where it is stored.
The storage of Google Analytics cookies and the utilization of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities.
On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyse your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.
You do have the option to prevent the archiving of cookies by making pertinent changes to the settings of your browser software. However, we have to point out that in this case you may not be able to use all of the functions of this website to their fullest extent. Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objection to the recording of data
You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website: Google Analytics deactivation.
For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.
Contract data processing
We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.
Demographic parameters provided by Google Analytics
This website uses the function “demographic parameters” provided by Google Analytics. It makes it possible to generate reports providing information on the age, gender and interests of website visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data.”
Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 month. For details please click the following link: https://support.google.com/analytics/answer/7667196?hl=de
5. Plug-ins and Tools
Google Web Fonts (local embedding)
This website uses so-called Web Fonts provided by Google to ensure the uniform use of fonts on this site. These Google fonts are locally installed so that a connection to Google’s servers will not be established in conjunction with this application.
For this purpose, the browser you are using must connect to Google’s servers. This enables Google to know that your IP address has been used to access our website. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
If your browser does not support web fonts, a standard font will be used by your computer.
This page uses the Google Maps map service via an API. Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the features of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy retrievability of the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
You can find more information on the handling of user data in Google’s data protection declaration: https://www.google.de/intl/de/policies/privacy/.