Terms & Conditions

for deliveries and services from online trade (version of 08/05/2021)

§ 1 Scope of application, definitions

(1) AQcomputare Gesellschaft für Materialberechnung mbH (hereinafter "AQ") operates the pages store.aipcalc.de and store.artyle.de and is the seller of the products offered in these online stores.

The following General Terms and Conditions (GTC) apply exclusively to all contracts, deliveries and other services, including consulting services and information provided by AQ about the products in the aforementioned online stores in the version valid at the time of the order - regardless of whether you are a consumer within the meaning of § 13 of the German Civil Code (BGB), an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) or a merchant within the meaning of the German Commercial Code (HGB) (hereinafter collectively referred to as "Customer").

(2) For reasons of better readability, the masculine form is used for personal names and personal nouns in these GTC. Corresponding terms apply in principle to all genders for the purpose of equal treatment.

(3) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

(4) These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if AQ has expressly agreed to them.

§ 2 Conclusion of Contract

(1) The presentation of products on store.aipcalc.de and store.artyle.de does not constitute a legally binding offer, but a non-binding online catalog. Errors and changes in the presentation of goods are reserved. Product images are exemplary images and may differ slightly from the delivered products (esp. in color, size, dimensions, etc.).

(2) To conclude a purchase contract in the online store, the customer first places items in his shopping cart via the product description. Then the customer enters the data necessary for the order, which he can check on the order overview and correct in the input fields or by changing the input in his browser. By clicking the button "Buy now" the customer accepts the terms and conditions and makes a binding offer to purchase the goods contained in the shopping cart. The confirmation of receipt of the order is sent by automated e-mail immediately after sending the order.

(3) Customers may also submit their binding offer by telephone, fax, e-mail, mail or online contact form.

(4) he contract is concluded in the German language and comes into effect through acceptance of the customer's order by AQ in that

• the customer receives a declaration of acceptance from AQ in a separate e-mail,
• or AQ delivers the ordered goods to the customer,
• or AQ requests payment from the customer after the order has been placed.

(5) A binding contract can also be concluded beforehand as follows:

• If the Customer has chosen the PayPal payment method, the contract is concluded by the immediate dispatch of the order confirmation by e-mail.

(6) Until the conclusion of the contract, the customer is bound to his offer, whereby the statutory right of revocation, if any, according to § 3 of these GTC remains unaffected.

(7) The contents of the contract result from the order or order confirmation. The contents of the contract are stored by AQ and cannot be viewed again.

(8) If you are an entrepreneur, AQ reserves the right of prior sale.

§ 3 Right of withdrawal for consumers

(1) Consumers are entitled to a statutory right of revocation.

(2) Widerrufsbelehrung

Right of withdrawal

Consumers have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In order to exercise your right of revocation, you must inform us ( AQcomputare Gesellschaft für Materialberechnung mbH, Annaberger Straße 240, 09125 Chemnitz, Germany, Fax: +49 (0)371 - 33 71 677-9, Tel.: +49 (0)371 - 33 71 677-8, E-Mail: info(at)aqcomputare.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the model withdrawal form provided here for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will 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 any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts

• for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

The right of withdrawal expires prematurely in the case of contracts

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.

The return of goods shall be made to: AQcomputare GmbH, Retoure Service Team, Hauptstraße 40, 09337 Callenberg, Germany.

§ 4 Delivery, availability of goods

(1) Orders and deliveries are generally possible to the countries which are currently selectable in the country selection of the online stores, if there are no legal regulations to the contrary. Should the customer wish delivery to another country, AQ will check its delivery options.

(2) The delivery period is usually 10 working days. The delivery period begins with the conclusion of the contract or receipt of the purchase price plus shipping costs on AQ's account. If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters in Chemnitz (Saxony).

(3) If the delivery time cannot be met in an individual case, AQ will inform the Customer immediately. In this case, the Customer will also be informed when the goods will be delivered instead.

(4) If no copies of the product selected by the Customer are available at the time of the Customer's order, AQ will also inform the Customer of this without delay. If the product designated by the Customer in the order is only temporarily unavailable, both parties have the right to withdraw from the contract in the event of a delivery delay of more than two weeks. If the product is permanently not available, AQ has the right to withdraw from the contract.

(5) Paragraphs 2 to 4 do not apply if the ordered goods are custom-made products manufactured according to the Customer's wishes. In this case, AQ shall inform the Customer as soon as possible of the expected delivery date.

(6) The delivery is subject to self-delivery. AQ is not responsible for a delay in delivery or a failure to deliver if AQ has already concluded a corresponding covering transaction with its reliable supplier at the time of acceptance of the offer and is not itself supplied through no fault of its own. In this case, AQ shall immediately inform the Customer and shall be entitled to withdraw from the contract.

(7) Agreed delivery periods shall be extended appropriately in the event of unforeseen obstacles beyond AQ's control, such as strikes, lockouts, operational disruptions, delays in the delivery of input material, regardless of whether these obstacles occur at AQ or at its suppliers. Such circumstances are not the responsibility of AQ even if it is already in default. If they occur, both parties are entitled to withdraw from the contract.

(8) With the declaration of withdrawal in accordance with § 4 Para. (4), (6) or (7), AQ undertakes to immediately reimburse any payments already made by the Customer.

(9) In the case of a mail order purchase, AQ is only responsible for the timely, proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company. The statutory transfer of risk in the case of shipment remains unaffected by this provision.

§ 5 Retention of title

(1) The goods remain the property of AQ until payment has been made in full.

(2) Entrepreneurs are entitled to resell the goods in the normal course of business. In this case, the entrepreneur assigns to AQ any claims against the recipients of the services resulting from the resale. Entrepreneurs are entitled to collect these claims until revoked by AQ (so-called extended retention of title).

(3) For entrepreneurs, AQ's retention of title also extends to goods delivered under retention of title (reserved goods) of other purchase contracts of the business relationship until all claims have been settled (so-called extended retention of title).

(4) f the value of the reserved goods and/or assigned claims exceeds the value of the secured purchase price claims by more than 20%, you are entitled to demand that we release reserved goods or release claims up to this value limit. We are entitled to determine the goods or claims to be released.

§ 6 Prices and shipping costs

(1) All prices quoted on AQ's online stores include the applicable statutory value added tax.

(2) In addition to the net price for the goods, the prices for supplementary services are shown on the invoice: Packaging, shipping, premium shipping, etc., as well as the respective value added tax valid at the time of invoicing.

(3) The corresponding shipping costs are determined in the online store depending on the recipient country and the gross order value and displayed to the customer in the order form. The flat shipping rates are listed online under Shipping & Returns.

(4) There is no minimum order quantity.

§ 7 Shipment, insurance and transfer of risk

(1) Unless expressly agreed otherwise, AQ shall determine the appropriate method of dispatch and the transport company at its reasonable discretion.

(2) AQ reserves the right to deliver the ordered goods in partial deliveries, insofar as this is reasonable for the Customer. In this case, no additional shipping costs will be incurred by the Customer. Insofar as the Customer himself wishes partial deliveries, he must bear the corresponding additional costs.

(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.

(4) The goods are insured by AQ against the usual transport risks.

§ 8 Payment modalities

(1) Payment shall be made in advance, unless otherwise agreed in writing. For this purpose, the Customer can choose between the payment options bank transfer or PayPal.

(2) In the case of payment by bank transfer, AQ will inform the Customer of its bank details in the order confirmation. Payment of the purchase price is due immediately after receipt of the order confirmation by the Customer.

(3) If payment is made by PayPal, the Customer will be redirected to the website of the online provider PayPal during the order process. There he can enter his payment details and confirm the payment instruction to PayPal. After submitting the order in the store, AQ requests PayPal to initiate the payment transaction and thereby accepts the order.

§ 9 Warranty, Guarantee

(1) AQ shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) Consumers are entitled to the statutory warranty claims.

(3) The warranty period for goods delivered by AQ to entrepreneurs is twelve months.

(4) If goods are delivered with obvious transport damage, please complain about such defects to the transport company as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. More information on dealing with transport damage can be found under Shipping & Returns.

(5) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods are deemed to have been approved by the Customer if a defect is not reported to AQ within five working days after delivery in the case of obvious defects or otherwise within five working days after discovery of the defect. This limitation does not apply to claims for damages under the Product Liability Act, due to fraudulently concealed defects, in the case of quality guarantees, from injury to life, limb or health or from intentional or grossly negligent breaches of duty by us or our vicarious agents, which are each subject to the statutory limitation period. In the event of a defect, AQ shall, at its discretion, provide subsequent performance by means of replacement delivery or rectification of the defect. We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer shall be entitled to retain a part of the purchase price which is reasonable in relation to the defect.

(6) Independent of the warranty, the respective warranty granted by the manufacturer shall apply. Please refer to the warranty conditions enclosed with the delivery for details.

§ 10 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by AQ, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of essential contractual obligations, AQ shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 11 Notes on data processing

(1) AQ collects data from the Customer in the course of processing contracts. In doing so, it observes the applicable provisions of data protection law. Without the customer's express consent, AQ will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of teleservices.

(2) AQ will not use the customer's data for the purposes of advertising, market or opinion research without the customer's consent.

(3) In all other respects, reference is made with regard to the customer's consent and further information on data collection, processing and use to the data protection declaration, which can be accessed on AQ's online stores at any time via the Privacy Notice button.

§ 12 Online Dispute Resolution

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. AQ is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

In the event of any disagreements arising from a contract, however, it is always AQ's goal to settle these directly with the customer - quickly and amicably. AQ offers an in-house arbitration solution for this purpose - please feel free to contact us at info(at)aqcomputare.com.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between AQ and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and AQ is the registered office of AQ.

(3) In the event that individual provisions of these General Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions.