Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Term and Termination of Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Code of Conduct
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Auralumina GmbH (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the provision of vouchers, unless expressly stipulated otherwise in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade, business or profession.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be either the one-time delivery of goods or the ongoing delivery of goods (hereinafter “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

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

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process, labelled “order with obligation to pay”.

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, or
• delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. 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 result that the Customer is no longer bound by his or her declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is 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”), in accordance with the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – in accordance with the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after the order has been submitted, together with these GTC, in text form (e.g. by e-mail, fax or letter). In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via his or her password-protected customer account by entering the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before submitting the order.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct his or her entries during the electronic ordering process using the usual keyboard and mouse functions until he or she clicks the button that concludes the ordering process.

2.7 The language available for the conclusion of the contract is German.

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 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 Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

4) Prices and Payment Terms

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

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

4.3 The Customer has various payment options at his or her disposal, which are indicated at the very beginning of the ordering process in the Seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is 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 are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be referred separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.6 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, which may in turn use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller makes advance payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns his payment claim in this respect to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the Customer data provided. In the event of a negative result of the check, the Seller reserves the right to refuse the payment method selected by the Customer. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their submission, or credit notes.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given the Customer reasonable prior notice of the service. Furthermore, this does not apply with regard to the costs of the outward shipment if the Customer effectively exercises his or her right of withdrawal. With regard to the return costs, the provision in the Seller’s withdrawal policy shall apply in the event of effective exercise of the right of withdrawal by the Customer.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are made available to the Customer as follows:

– by e-mail

6) Term and Termination of Subscription Contracts

6.1 Subscription Contracts are concluded for an indefinite period, but at least for the minimum term evident from the respective product description in the Seller’s online shop. The Subscription Contract may be terminated during the minimum term with one month’s notice to the end of the minimum term and, after expiry of the minimum term, at any time with one month’s notice.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Notices of termination may be given in writing, in text form (e.g. by e-mail) or in electronic form via the termination facility (termination button) provided by the Seller on its website.

7) Retention of Title

If the Seller makes advance deliveries, he retains title to the delivered goods until full payment of the purchase price owed and all associated costs and expenses has been made.

8) Liability for Defects (Warranty)

Unless otherwise stipulated below, the statutory provisions on liability for defects shall apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller has the right to choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortening of time limits set out above do not apply

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

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

8.4 If the contract is a commercial transaction for both parties within the meaning of § 343 (2) AT-UGB, the Customer is subject to the commercial duty to examine and give notice of defects pursuant to § 377 AT-UGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, he or she is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so has no effect whatsoever on his or her statutory or contractual claims for defects.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified promotional period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction arises from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 If the Promotional Voucher relates to a specific amount and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher in the exercise of his or her statutory right of withdrawal.

9.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.5 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.6 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.

10.7 The Gift Voucher is transferable. The Seller may make payment with debt-discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorisation, legal incapacity or lack of power of representation of the respective holder.

10.8 If the Customer returns goods paid for in whole or in part with the Gift Voucher in the exercise of his or her statutory right of withdrawal, the balance will again be refunded as a Gift Voucher. If the Gift Voucher purchased for consideration is returned unused under the statutory right of withdrawal, the purchase price of this Gift Voucher will be refunded to the Customer.

11) Applicable Law

All legal relationships between the parties shall be governed by the law of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

12) Code of Conduct

– The Seller has submitted to the participation conditions for the eCommerce initiative “Fairness im Handel”, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.