Scope of application, contract language German

1.1 These General Terms and Conditions for the Online Shop (“GTC”) apply to contracts concluded between you and AVOVA GmbH, 89077 Ulm/Donau, Blaubeurer Straße 71, Germany via this online shop.

1.2 The only language available for concluding the contract is German. Translations of these terms and conditions into other languages ​​are provided for your information only. In the event of any discrepancies between the language versions, the German text shall prevail.

1.3 These terms and conditions are available for saving and printing on our website.

1.4 We reserve the right to amend and modify these Terms and Conditions from time to time. However, the Terms and Conditions in effect at the time of your order will apply to your purchase.

Applicable law, mandatory consumer protection regulations

2.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, if a) you have your habitual residence in Germany, or b) your habitual residence is in a state that is not a member of the European Union.

2.2 If you have your habitual residence in a member state of the European Union, German law shall also apply, without prejudice to mandatory provisions of the state in which you have your habitual residence.

Conclusion of contract

3.1 The presentation of goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to submit a binding offer to conclude a purchase agreement (invitatio ad offerendum).

3.2 By clicking the "Place order" button in the final step of the ordering process, you submit a binding offer to purchase the goods or services displayed in the order summary. Immediately after submitting your order, you will receive an order confirmation, which, however, does not yet constitute acceptance of your offer. A contract between you and us is concluded as soon as we expressly accept your order and/or commission within five days by sending a separate email or dispatching the ordered goods. Please check your email spam folder regularly.

3.3 You can select goods and/or services in our online shop by adding them to your shopping cart by clicking the corresponding button. To complete your order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the items in your shopping cart and entering all the required order and address information in the next step, clicking the "Continue" button will open a page summarizing the essential item details, including any applicable costs. Up to this point, you can correct your entries or withdraw from the contract. Only by subsequently clicking the "Place order" button will you submit a binding offer as defined in section 3.2.

Correction notice

4.1 During the ordering process, you first place the desired goods or services in your shopping cart. There, you can change the quantity or remove selected goods or services at any time. If you have already added goods or services to your cart, clicking the "Continue" buttons will take you to a page where you can enter your information and then select your shipping and payment methods. Finally, an overview page will open where you can review your information. You can correct any input errors (e.g., regarding the payment method, your information, or the quantity) by clicking "Edit" in the relevant field. If you wish to cancel the order process completely, you can simply close your browser window. Otherwise, clicking the "Place Order" confirmation button will make your declaration legally binding in accordance with section 3, paragraph 3.2 of these Terms and Conditions.

Storage of the contract text

5.1 The contract terms, including details of the ordered goods and/or services, these General Terms and Conditions, and the cancellation policy, will be sent to you in a storable and printable format via email upon our acceptance of the contract offer or upon notification thereof. We do not store the contract terms ourselves.

Collection, storage and processing of your personal data

6.1 For each order, we require the following information from you: (i) First and last name (ii) Email address (iii) Postal address Delivery address 6.1 If you would like to create a customer account, please contact us.

6.2 We use the data you provide here without your separate consent solely for processing and fulfilling your orders, in particular for delivering goods to the address you specify. When paying by bank transfer, we also use your bank details for payment processing. Any further use of your personal data for advertising, market research, or to tailor our offers to your needs will only occur with your express consent or to the extent permitted by law without your consent. You have the option to grant your consent before placing your order. This declaration of consent is voluntary and can be accessed on our website and revoked by you at any time.

6.3 We only store your data for as long as we are obliged to do so due to tax and commercial law regulations.

Prices, payment terms and shipping costs

7.1 The prices stated on the product pages in our online shop include statutory VAT and other price components.

7.2 The shipping costs will be clearly communicated to you separately on the product pages, in the shopping cart system and on the order page, and will be shown separately on the invoice.

7.3 For deliveries to a non-EEA country, you will also have to bear all import and export expenses, including any applicable customs duties, fees and taxes.

7.4 The purchase price is due immediately upon conclusion of the contract. Payment for the goods is made in advance by bank transfer or via PayPal.

Retention of title

8.1 The goods remain our property until full payment has been received. If you are more than 10 days late with payment, we have the right to withdraw from the contract and reclaim the goods.

Delivery terms

9.1 We will deliver the goods in accordance with the agreements made with you.

9.2 Delivery time is up to 3 days. Any differing delivery times will be indicated on the respective product page.

9.3 If not all ordered goods are in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for you.

9.4 If delivery of the goods fails due to your fault despite three delivery attempts, we may withdraw from the contract. Any payments already made will be refunded to you immediately.

9.5 If the ordered goods are unavailable because our suppliers fail to deliver them to us through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, offer you comparable goods. If no comparable goods are available or you do not wish to receive comparable goods, we will promptly refund any payments already made.

Right of withdrawal

10.1 Consumers generally have a statutory right of withdrawal when concluding a distance selling contract.

10.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy, which is sent to the customer with the order confirmation. The customer can also access this information on the seller's website under " Right of Withdrawal ".

Warranty

11.1 If the goods purchased and delivered in our online shop are defective, you are entitled, within the framework of the statutory provisions, to demand subsequent performance (at our option, rectification of the defect or delivery of a defect-free item), to withdraw from the contract or to reduce the purchase price.

11.2 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed are subject to the regular limitation period.

11.3 You are also entitled to rights due to defects under a quality and/or durability guarantee, provided we have expressly issued such a guarantee for the sold item in a specific case. Any such guarantees can be found separately on the respective product pages.

Liability and Limitation of Liability

12.1 We are liable without limitation for intent and gross negligence.

12.2 Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance you as the customer may regularly rely (essential contractual obligations). In this case, however, we are only liable for foreseeable damages typical of this type of contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

12.3 The foregoing exclusions of liability do not apply in cases of injury to life, body or health, or in cases of fraudulent concealment of a defect. Liability under the Product Liability Act remains unaffected.

12.4 According to the current state of technology, error-free and/or uninterrupted data communication via the internet cannot be guaranteed. Therefore, we are not liable for the constant and uninterrupted availability of our online trading system.

12.5 We are only liable for our own content on our online shop's website. Insofar as we provide links to other websites, we are not responsible for the external content contained therein, nor do we adopt this external content as our own. If we become aware of illegal content on external websites, we will remove the respective link from our website immediately.

Final Provisions

13.1 These General Terms and Conditions are complete and final. Any amendments or additions to these General Terms and Conditions should be made in writing to avoid ambiguities or disputes between the parties regarding the agreed contractual content.

13.2 If, at the time of conclusion of the contract, you had your residence or habitual abode in Germany and have either moved from Germany by the time we file a lawsuit or your residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Ulm/Donau. We are also entitled to sue the customer at their general place of jurisdiction.

13.3 We would like to inform you that, in addition to the ordinary legal process, you also have the option of out-of-court dispute resolution in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following website: http://ec.europa.eu/consumers/odr.

13.4 Our email address is: info@recaro-cs.com Pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG), we hereby inform you that we are not obligated to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

13.5 Should individual provisions of this contract be invalid, the remainder of the contract shall remain unaffected.