General terms and conditions of Arlows GmbH:
1. Scope of application For all business relations between Arlows GmbH (in the following called: Arlows GmbH) and the purchaser our general terms and conditions in the version valid at the time of the order apply exclusively. Conditions of the purchaser deviating from our terms and conditions require our written consent.
2. conclusion of contract (1) All our offers are subject to change without notice. (2) A contract between Arlows GmbH and the purchaser is concluded by the acceptance of an offer of the purchaser by Arlows GmbH. The offer of the purchaser is made by sending the completely filled out order form provided by Arlows GmbH. The offer is binding for the purchaser, § 145 BGB. Arlows GmbH is not obliged to accept offers from the purchaser and can refuse acceptance at any time without giving reasons. In this case Arlows GmbH will inform the purchaser immediately by email about the non-acceptance of his order. Arlows GmbH accepts the offer by sending an order confirmation by e-mail to the purchaser. The contract is concluded with the sending of the order confirmation. The text of the contract can be found under the heading " Arlows - Previous orders". For this purpose the email address and the password given during the order or registration are required.
3. delivery (1) After receipt of your offer and confirmation by Arlows GmbH, the delivery will take place as soon as possible, usually within 2 to 3 working days after order confirmation. In case of cash on delivery and payment in advance, the time of dispatch by Arlows GmbH and the delivery time is determined according to paragraph 5. (3). Unfortunately, we cannot influence delays in delivery by the parcel delivery company. The delivery will be made to the address given by you. Our gift service also offers to send the parcel to the presentee and the invoice to the purchaser. (2) We reserve the right to make a possible partial delivery. Should the goods ordered by you not be available at our premises due to circumstances for which Arlows GmbH is not responsible, in particular in case of late delivery by our contractual partners or due to force majeure, we will inform you immediately. In this case we reserve the right to cancel the contract and not to deliver the ordered goods in case of unavailability. If you have already paid the purchase price, we will of course refund it immediately. (3) You will help us if you ensure that the packages have not been opened, damaged or otherwise manipulated when the transport company takes over our deliveries. If this is nevertheless the case, we kindly ask you to record this in writing on the handover protocol of the transport company's supplier. If you discover that your parcel has been opened, damaged or otherwise tampered with after delivery, we also politely ask you to make a complaint to the transport company concerned without delay. However, your legal rights will remain intact even if you do not make this complaint to the transport company. (4) If a cash on delivery shipment is returned through the fault of the customer (e.g. no money available or refusal to accept), we reserve the right to charge the customer a processing fee of 10% of the order value (at least 20 euros) to cover the resulting expenses (processing, prepaid NN fee, etc.).
4. revocation instruction - Right of revocation and return of the goods (1) You can revoke your order within fourteen days, for whatever reason, e.g. also in case of mere dislike. A statement of reasons is not necessary. The revocation can be made either in text form, for example by email or fax, or by returning the goods to Arlows GmbH. The revocation period begins at the earliest upon receipt of the goods. You keep the time limit by sending the revocation or the goods to Arlows GmbH, Kopernikusstr. 12a, 30853 Hannover Langenhagen, Germany within the time limit. Email: email@example.com. (2) If you have effectively revoked your order in accordance with the above provision, the services received by both parties are to be returned, i.e. you are obliged to return the goods already received to us. If you have already paid the purchase price, Arlows GmbH will also immediately transfer it back to you. If you cannot return the received goods completely or partially or only in a deteriorated condition, you are obliged to pay compensation for the value. This does not apply if the deterioration of the goods is exclusively due to their examination, as it would have been possible in a shop. In addition, you can avoid the obligation to pay compensation by not using the goods as if you owned them and by refraining from doing anything that could impair their value. Goods that can be sent as a parcel can be returned at our expense and risk. All returns are to be sent back free (postage paid). Freight collect shipments will not be accepted, any return costs arising from this are to be borne by the customer. The return costs will be reimbursed within the framework of the regulations mentioned under (3). (4) Illuminants are excluded from exchange due to their condition. The right of revocation is directed exclusively to private end consumers.
5. terms of payment and shipping costs (1) The minimum order value is EUR 15.00. (2) The flat rate for shipping costs is EUR 5.90 for all shipments. Shipping outside Germany, within the EU costs (insured) EUR 17,-. (3) Payment is made by one of the payment methods offered on the online order form, i.e. cash on delivery, cash in advance (bank transfer). We reserve the right to temporarily disable individual payment methods for technical reasons. For cash on delivery orders, a cash on delivery fee of 6.00 EUR is charged. Please note that when ordering cash on delivery, our usual delivery time is extended by an average of 2 working days. In the case of prepayment, i.e. when the invoice amount is transferred to the account of Arlows GmbH, the goods will only be dispatched once we have received your payment. (4) All prices are final prices in EURO including the respectively valid value added tax. The prices at the time of the order apply. Unless otherwise agreed in writing, the purchase price is due at the latest upon delivery of the ordered goods.
6. reservation of title The goods remain our property until full payment has been received.
7. Claims for defects and liability (1) If there is a defect in the purchased item, the statutory warranty rights of §§ 434 et seq. BGB. (2) The limitation period for claims for defects is two years from the date of delivery of the goods. (3) Any further claims of the purchaser, irrespective of the legal grounds, in particular claims for damages of the purchaser, are excluded unless the damage was caused by us, i.e. Arlows GmbH and/or its legal representatives, or by our vicarious agents intentionally or through gross negligence. This exclusion of liability does not apply to claims of the purchaser arising from pre-contractual breach of duty (§ 311 para. 2, 3 BGB in connection with § 280 para. 1 BGB). Furthermore, this exclusion of liability does not apply if essential obligations of the contract are culpably violated by Arlows GmbH and/or its legal representatives or by our vicarious agents; in this case, however, liability is limited to the foreseeable, typically occurring damage. A legally prescribed liability of Arlows GmbH independent of fault remains unaffected by the aforementioned limitations of liability. The same applies to culpable injury to life, body or health as well as to the assertion of claims according to §§ 1, 4 Product Liability Act. (3) All contents of the offer are reproduced by us to the best of our knowledge and belief, slight colour deviations of the products compared to the pictures or content errors/deviations are subject to natural fluctuations or product changes due to the supplier and are not the responsibility of Arlows GmbH.
8. Data protection (1) Your personal data will be treated in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act. (2) In order to process the order, Arlows GmbH requires certain personal data of the customer (necessary data). These are highlighted in bold in the order form. Without these necessary data the execution of your order is not possible. The necessary data will only be saved for this purpose and will only be used within the scope of the order processing and if necessary also be passed on to third parties with whom Arlows GmbH works together to process the order (especially transport companies or service providers for payment processing). The customer is not obliged to provide further data beyond the necessary data highlighted in bold in the order form. (3) Furthermore, we use your personal data to inform you about special offers from Arlows GmbH or to pass them on to selected cooperation partners if you have agreed to this use for marketing purposes. You can revoke this consent to the use of your data for marketing purposes at any time by notifying Arlows GmbH (in writing or by email). After receipt of your revocation we will immediately stop using your data for marketing purposes and inform our cooperation partners of your revocation. You can find more information on the subject of data protection in the Security section.
9. disclaimer for external links Arlows GmbH refers to its pages with links to other pages on the Internet. The following applies to all these links: Arlows GmbH expressly declares that it has no influence on the design and content of the linked pages. Therefore we dissociate ourselves explicitly from all contents of all linked pages of third parties on www.arlows.de and do not adopt these contents as our own. This declaration is valid for all displayed links and for all contents of the pages to which links lead.
10. Place of jurisdiction (1) In business transactions with merchants and with legal persons under public law, Munich is agreed as the exclusive place of jurisdiction for all legal disputes. (2) In business transactions with end consumers, the court of residence of the end consumer is responsible for contractual disputes.
11. advance orders: Items marked with the addition "pre-order" in the item description are not immediately available, the delivery time or the exact delivery date will be determined by the manufacturer/supplier and cannot be influenced by Arlows GmbH. The delivery times indicated in the article description are rough guidelines and are based on statements of the manufacturers/suppliers, but these are not binding. Should the customer wish to pre-order an article marked "Pre-order", he/she must do so via the online shop and pay for the article in advance. The pre-order for the article is considered binding as soon as the ordering process has been completed by the customer and the total amount has been credited to the business account of Arlows GmbH. Advance orders are generally considered as special orders on customer request, these are to be equated with custom-made products. The customer is obliged to accept the goods, as they are ordered especially and only for him and his purposes. A withdrawal from the purchase is only possible within the first 14 days from the date of purchase / order, after this period is no longer possible.
12. copyright Copyright by the Arlows GmbH. The pages of our shop and their components may be legally protected. The use, especially copying and imitation, even in extracts, is only allowed with permission of Arlows GmbH. The illustrations enjoy the protection of §72 copyright law.
13. note according to § 12 battery regulation. You are legally obliged to return batteries and rechargeable batteries. You can return them free of charge at our company, at a collection point or sales point in your vicinity. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out dustbin and the chemical symbol (Cd, Hg or Pb) of the heavy metal that is decisive for classification as a harmful substance.
14. motor sport articles intended for motor sport are not approved for road use. A liability for this exists only in case of intent or gross negligence on our part and is then limited to the replacement of the object of purchase.
15. final provision (1) Should one or more provisions of these GTC be legally invalid in the opinion of a competent court, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the relevant statutory provision. (2) This contract is subject to the law of the Federal Republic of Germany, excluding its conflict of laws and the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers, the law of the end consumer's place of residence shall also apply, provided that it is mandatory to apply consumer law provisions.
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If the content or the presentation of these web pages violates the rights of third parties or legal regulations, we ask for a corresponding message without cost note. The removal of a possible infringement of property rights by the property right owner(s) themselves may not take place without our consent. We guarantee that the rightly objected passages or objects will be removed immediately without the need for you to engage legal assistance. Nevertheless, we will reject in full any costs incurred by you without prior contact and we reserve the right to file a counterclaim for infringement of the aforementioned provisions.
In spite of careful controls we do not assume any liability for the contents of external links.