General Terms and Conditions
Section 1: Scope of Application
a) These general terms and conditions apply to customers that are consumers under Section 13 of the German Civil Code (BGB),
b) The general terms and conditions (AGB) apply to products and services that are supplied by AWRON Automotive, Inhaber Zeljko Miskatovic (hereinafter called: AWRON), explicitly for articles offered for sale to customers by AWRON in her E-commerce shop (hereinafter: Online-Shop) at www.awron-shop.de solely via telecommunication media. Applicable are the valid terms and conditions (AGB). AWRON shall not recognize any conflicting or differing Terms and Conditions of the Customer unless AWRON expressly approved the applicability of such exemptions in writing.
c) Any references to the application of statutory provisions are for the purposes clarification only. Even without this clarifications the statutory legal provisions apply, insofar these have not been explicitly modified by AWRON
Section 2: Conclusion of Contract
a) Offers by AWRON are always non-binding.
b) By ordering a product the customer submits a binding offer for the conclusion of a contract. AWRON shall confirm the receipt of the order via email. This order confirmation does not constitute a binding acceptance of the order, but merely a written confirmation for the customer that receipt of his order has been acknowledged. A contract is only concluded, if and when AWRON delivers the ordered products to the customer.
c) Illustrations and descriptions, advertising statements, technical data and all other information materials are only approximate in nature and constitute no binding assurance with regard to the product in question. The contractually binding technical specifications of the product is exclusively determined by terms and specifications laid down in the contract.
Section 3: Right of Cancellation
Instructions on Cancellation:
You may declare the cancellation of the contract within two weeks without providing a reason in simple text without signature (such as, but not limited to post, fax, e-mail) or by returning the goods. The time limit starts to run once the written notice of cancellation has been received, but not before the consumer has equally been provided with a contractual document, his written application, or a copy of the contractual document or application, nor before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery), nor before we have fulfilled our obligations to provide information as defined in Article 246 section 2 in conjunction with 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB") as well as our duties under section 312e (1) sentence 1 of the BGB in conjunction with Article 246 section 3 EGBGB. The right of cancellation is upheld if the merchandise is returned within the time stipulated. The cancellation must be addressed to:
Proprietor: Robert Sop, Zeljko Miskatovic
Deutschland - Germany
Tel.: +49 89 96165300
Fax.: +49 89 96165301
Consequences of Cancellation:
In the event of an effective cancellation the mutually received benefits are to be returned and if so derived profits (i.e. interest accrued) are to be returned. Should you be you unable to reimburse us either in total or in part for services received, you are required to offer a compensation of equal value. When deterioration/damage of the merchandise comes from conventional usage no compensation is due. Reimbursement is only due when the usage of the merchandise exceeds a reasonable "trial and testing of the functionality" of the product as it may be conducted in a shop. Any merchandise eligible for shipping will be returned at our expense and risk. Merchandise not eligible for shipping will be picked up at yours. Duties for the compensation of payments must be fulfilled within 30 days. This time period begins for you with the posting of your cancellation or the merchandise, for us with the receipt of it.
The right of cancellation shall expire in the event that both contractual parties have completely fulfilled the corresponding contract, before the right of cancellation can be exercised. End of Instructions on Rights of Cancellation
Section 4: Order Confirmation
Upon receipt of an order, AWRON will send the customer an order confirmation by mail, which contains details on product ordered, delivery address, payment method and amount. This order confirmation does not represent an acceptance of the customer's offer, but is merely intended to inform him that his order has been received by AWRON and to give him the opportunity to check the relevant order data.
Section 5: Delivery
Unless otherwise agreed, delivery of the merchandise shall be affected within 7 days starting with the day of receiving the order ex stock of AWRON to the binding delivery address supplied by the customer. In the event of unavailability of the ordered product, AWRON will inform the customer as soon as possible per email. In that case AWRON is obliged to reimburse the customer for possible payments or costs. This does not impact or interfere with the relevant legal claims or any other contractual claims of the customer. Insofar as it is impossible to deliver the goods to the customer due to the fact that the product does not fit through the buyer's front door, door or stairway or due to the fact that the customer was not present despite being informed about the delivery date in time, the client has to bear the costs of the failed delivery. Delivery takes place only within the territory of the Federal Republic of Germany. AWRON is only obliged to deliver merchandise outside Germany, if AWRON has explicitly agreed to it in writing beforehand.
Section 6: Maturity, Payment and Delay
If the customer is in default of any agreed payment or other performance, AWRON shall be entitled either to demand performance of the contract and (a) to postpone fulfillment of its own obligation until payment of the arrears or other performance, (b) to extend the delivery period accordingly, (c) to call for immediate payment of the total outstanding purchase price, (d) to charge default interest at the rate of five percentage points above the relevant base interest rate of the European Central Bank from the relevant due date, or (e) to rescind the contract after having granted a reasonable grace period. Both parties reserve the right to furnish documentary proof of higher or lower damages.
Section 7: Prices
All prices on www.awron-shop.de are quoted in Euro including the relevant statutory value added tax. Prices shown in the online shop are the prices applicable on the day of the order.
Section 8: Shipping Locations
Delivery/shipping takes place only within Germany. AWRON is only bound to deliver outside Germany if and when such terms have been agreed upon beforehand and in writing.
Section 9: Offsetting, Withholding of Payments
The customer shall only be entitled to set-off or retain any part of payment if an s when his claim against us is not contested or when such claim has been confirmed by a court of law or by AWRON. Furthermore the Customer is entitled to a right of retention only in so far as his counterclaim is based on the same contractual relationship.
Section 10: Retention of Ownership
All delivered goods remain property of AWRON until the customer has settled all existing claims and any accruing after conclusion. This applies to in particular, if the delivered merchandise has been modified, integrated, processed or resold in parts or in toto.
Section 11: Liability for Defects
a) Insofar as the goods delivered by AWRON are defective, AWRON has the right to remedy the defects in a manner of her choice. In the event that AWRON's efforts to that effect should fail and/or if the attempts to rectify defects result in unreasonable delay, the customer at his discretion shall be authorized to terminate the contract, or to demand a replacement of merchandise and - within the statutory legal framework - may be entitled to the broader claims to reduction or withdrawal, and in addition to damages, including compensation for expenses linked to the contract. The customer is not entitled to pass on his claims to third parties.
b) This Warranty does not cover normal wear and tear of the merchandise nor defects that have occurred after delivery, acts beyond the reasonable control of AWRON or through improper handling by the customer.
c) If the rectification of defects has been affected by replacement of merchandise, the customer is obliged to return the defective or damaged merchandise from the first delivery within 14 days. The return shipment of the defective merchandise is to be affected according to the statutory regulations. AWRON reserves the right to claim restitution of damages within the legal framework.
d) Warranty claims expire within the timeframe laid down by law.
e) AWRON shall assume unlimited liability provided that the cause of damage is based on intent or gross negligence. Furthermore AWRON shall assume liability for the negligent breach of fundamental obligations whose breach endangers the fulfillment of the intent of contract or for the breach of obligations whose fulfillment enables the proper execution of the contract in the first place and upon whose adherence to the customer routinely relies. AWRON does not assume reliability for the negligent breach of obligations other than those listed above.
The aforementioned limitations or exclusion of liability shall not apply in the case of culpable injury to life, body or health, in case of intentional acts, under the liability provisions of the German Product Liability Act (Produkthaftungsgesetz) or in case of a contractually agreed obligation to assume liability irrespective of any fault (guarantee). In as far as the liability of AWRON is excluded or limited, this shall also apply to the personal liability of AWRON's employees, staff, colleagues, representatives and vicarious agents.
Section 12: Utilization of Merchandise
Electronic display systems for automotive are exclusively and categorically designed and suitable for motor sport and must be installed only by a certified experts. The customer is expressly advised that non-compliance with these instructions or disregard for possible damages may result in accidents or danger and/or loss of life.
Section 13: Data Protection
AWRON stores and uses personal information only if and insofar as necessary for the handling of the contractual relationships between customers and AWRON.
Section 14: Applicable Law
a) All contractual relationships between the customer and AWRON and hence any and all disputes arising from or in connection with it shall be governed by, and be subject to, the laws of the Federal Republic of Germany, with the exclusion of conflict of law's provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
b) Should any term or clause of these General Conditions in whole or in part be found to be unenforceable or void, all other provisions shall remain in full force and effect and the unenforceable or void provision shall be replaced by a valid provision, which comes closest to the original intention of the unenforceable or invalid provision.