Terms of service

Scope of application
Conclusion of contract
Right of cancellation
Prices and payment conditions
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Liability
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Arando OHG (hereinafter "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button which concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
by requesting payment from the Customer after submission of the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following dispatch of the offer by the Customer and ends upon expiry of the fifth day following dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time at which the Customer clicks the button which concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after dispatch of the order. No further access to the contract text shall be made available by the Seller. If the Customer has created a user account in the Seller’s online shop prior to submitting the order, the order data shall be archived on the Seller’s website and may be retrieved by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Prior to the binding submission of the order via the Seller’s online order form, the Customer may identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button which concludes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s cancellation policy.

4) Prices and payment conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs incurred shall be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) shall be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If the payment method "Sofortüberweisung" is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction shall be carried out immediately thereafter by Klarna and the Customer’s bank account shall be debited. Further information on the payment method "Sofortüberweisung" is available to the Customer on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller’s online shop. For the purpose of processing payments, Stripe may use additional payment services, for which special payment conditions may apply, to which the Customer may be notified separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service "Klarna" is selected, payment processing shall be carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna’s terms and conditions in this regard are available here:

https://arando-online.de/zahlung-und-versand/

4.8 If the payment method "purchase on account" is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price shall be payable to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date without deduction, unless otherwise agreed. The payment method "purchase on account" requires a successful credit check by Klarna AB. If the Customer is permitted to use the payment method "purchase on account" following a credit check, payment processing shall be carried out in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer may only make payment to Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB shall apply, which the Customer may access during the ordering process. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller shall inform the Customer of a corresponding payment restriction in its payment information in the online shop.

5) Delivery and shipping conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of delivery if the Customer effectively exercises their right of cancellation. In the event of effective exercise of the right of cancellation by the Customer, the provisions of the Seller’s cancellation policy shall apply to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass upon delivery of the goods to the Customer or an authorised recipient. By way of derogation therefrom, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, in the case of consumers, as soon as the Seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without delay and the consideration shall be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of title

If the Seller performs in advance, it shall retain title to the delivered goods until full payment of the purchase price owed has been made.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

the Seller shall have the choice of the type of subsequent performance;
in the case of new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
in the case of used goods, claims for defects shall be excluded;
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of limitation periods set out above shall not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods which have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:

8.1 The Seller shall be liable without limitation for any legal reason

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
on the basis of a guarantee, unless otherwise provided in this respect,
on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the Seller’s liability shall be excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event be entitled to bring an action before the court at the Customer’s place of business.