1. Contractual partner, scope of the T&Cs
(1) The contractual partner for all orders within the framework of this online offer is arilex GmbH, represented by the directors Armin Struckmeier, Lothar Struckmeier and Wolfgang Schack, Werner-von-Siemens-Str. 14, 30982 Pattensen (Commercial Register of the Hanover Local Court, HRB 210587), hereinafter: arilex GmbH.
2. Conclusion of contract, data collection
(1) The offer is made with the customer’s order in our web store, as a result of which the customer makes a binding offer to conclude a contract. Acceptance sall be based upon shipment of the goods to the customer; an order confirmation does not represent acceptance, but merely information about the fact that arilex GmbH has received the order. The products shown on the user’s website merely represent the requests for submitting an order.
(2) arilex GmbH reserves the right to check the actual and legal feasibility of customers’ requested individualization. arilex GmbH reserves the right to refuse the offer in the event of infeasibility or in the event of suspected or actual breach of statutory regulations, particularly regarding copyright.
(3) arilex GmbH processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions. The personal details provided when ordering the goods (such as name, e-mail address, home address, payment details) are used by arilex GmbH for the fulfilment and processing of the contract. This data is treated confidentially and is not forwarded to third parties who are not involved in the order, delivery and payment processes. Upon request, the customer shall receive free information about their personal data saved by arilex GmbH. They have the right to have incorrect data corrected, to have their personal details blocked or deleted (upon request), insofar as no statutory duties of retention prevent this.
(1) Delivery shall be a courier service selected by arilex gmbH; the customer shall bear the costs of shipping and handling. The current fees depend on the type of order and the delivery location and can be viewed on the arilex website.
(1) The customer shall select the payment procedure. The payment method selected by the customer cannot be implemented despite fulfilment of the contract by arilex GmbH, particularly, for example, in the event of a debit charge from the customer’s bank account not being possible due to lack of funds or incorrect information, the customer shall reimburse arilex GmbH for the company’s damages or inconveniences incurred as a result.
(2) arilex GmbH reserves the right to employ third parties to handle payments. In addition, the company arilex GmbH can assign its claims to a debt collection agency if the customer is in arrears and can forward the personal details necessary for collection of the payment to this debt collection agency.
5. Retention of title
The goods shall remain the property of arilex GmbH until payment of the demand due to arilex GmbH. If the customer is a merchant as defined in the Commercial Code, arilex GmbH shall retain ownership of all delivered goods until receipt of all payments from the business relationship. The customer shall treat the goods with due care and attention until transfer or ownership to it.
6. Warranty, properties of the goods
(1) The description of the goods (including photos) in the web shop is non-binding and merely serves as illustration and information, slight deviations in shape, color, print, size, weight or other features remain expressly reserved because of the production and individualization technique.
(2) Insofar as there is a defect covered by warranty, the customer reserves the right within the framework of the statutory provisions, firstly to demand supplementary performance, and if the supplementary performance fails or is refused, to withdraw from the contract or to reduce the purchase price. In the case of returns due to defects, arilex GmbH shall also assume the costs of postage.
(3) A customer is entitled to warranty claims if they are a merchant only if they have properly fulfilled their examination and check obligations as defined in Section 377 HGB.
(4) The expiration date for warranty claims for delivered goods is two years from receipt of the good; if the customer is a merchant, the expiration period is one year.
(5) When fulfilling the contract, arilex GmbH expressly reserves the right to make changes from the descriptions and details in the company’s brochures, catalogues and other written and electronic documents in respect of material quality, color, weight, size, design or similar features, as long as these are reasonable for the customer. Reasonable grounds for changes may result from usual fluctuations and technical production processes.
(6) arilex GmbH reserves the right to cancel the processing of an order if it is found that the texts, images or designs provided by the customer as part of the order are infringing upon third-party rights, e.g. third-party personal rights. In this case, the customer does not have any rights against arilex GmbH from the cancellation of the order.
(1) arilex GmbH is only liable for compensation, irrespective of the legal reason, in the event of misconduct and gross negligence. In addition, in the case of slight negligence arilex GmbH shall be liable without limit for damages from injury to life, limb and health. In the case of slight negligence and a breach of a material contractual duty, the arilex GmbH liability is limited to reimbursement of the foreseeable, typically occurring damage. Liability under the Product Liability Act shall remain unaffected by the above condition.
(2) The above conditions shall also apply to actions by employees, workers, representatives and vicarious agents of arilex GmbH.
(3) Moreover, arilex GmbH liability shall be based on the statutory provisions unless specified otherwise in these General Terms and Conditions.
8. Breaches against statutory conditions by customer’s requested individualization
(1) If a customer sends their own motive or otherwise influences the product being individualized, such as through individual text or other individual design, the customer expressly assures arilex GmbH that this, in particular texts, designs and motives, are free from third party rights. Breaches of copyright, personal rights, trade marks or names and other breaches of rights, which prevent their contractual use, shall be entirely the responsibility of the customer.
(2) The customer shall indemnify arilex GmbH from all demands and claims made against arilex GmbH by third parties as a result of such a breach of these rights, and shall also reimburse all costs of defense connected with these breaches of copyright or name rights, insofar as the customer is also at fault for this breach of rights.
9. Concluding conditions
(1) All contracts according to these General Terms and Conditions are subject to the law of the Federal Republic of Germany; application of the UN Convention on the International Sale of Goods (CISG) is excluded. Insofar as the customer is a consumer as defined in the German Civil Code and their normal place of residence is abroad, the statutory provisions of this state shall remain unaffected.
(2) Insofar as the customer is a merchant, as defined in the German Commercial Code, is a juridical person under public law or is a special fund under public law, place of jurisdiction is Pattensen. In this case, arilex GmbH also remains entitled to sue the customer before the court with competence for their place of residence. This shall apply correspondingly in the event that the customer does not have a general place of jurisdiction in Germany, relocates their home abroad after concluding the contract or if their usual place of residence is unknown when starting proceedings before the courts.
(3) If individual conditions of these General Terms and Conditions are invalid or contradict the statutory provisions, this shall not affect the validity of the remaining conditions or the remainder of the contract.