As of: 07.08.2021
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of us. The use of the Internet pages of us is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be inline with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection declaration, our enterprise wouldlike to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, we has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration us is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we wouldlike to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim oflimiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Annaberger Str. 240
Phone: +49 371 / 33 71 677-0
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
The website of us collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, we analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
The website contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
We offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact any employee of the controller. An employee us shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of anylinks to, or copy or replication of, those personal data, as far as processing is not required. An employees of us will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, he or she may at any time contact any employee of the controller. The employee of us will arrange the restriction of the processing.
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of us.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If we processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of us. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of us.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of us.
Art. 6(1)lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1)lit. d GDPR.
Finally, processing operations could be based on Article 6(1)lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1)lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
(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.
(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
(5) A binding contract can also be concluded beforehand as follows:
(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.
(1) Consumers are entitled to a statutory right of revocation.
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 revocationIf 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
The right of withdrawal expires prematurely in the case of contracts
The return of goods shall be made to: AQcomputare GmbH, Retoure Service Team, Hauptstraße 40, 09337 Callenberg, Germany.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
(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.