Terms & Conditions
General terms and conditions of sale
Scope
These terms and conditions apply to all purchases from ADP-Online Shop GmbH [link to "Imprint"], which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login [link to business customer login].
Prices and shipping costs
The prices listed are final prices including VAT. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at [link to "shipping costs"]. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation [link to "Right of Revocation"]. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment
Payment is made upon delivery by means of
- Apple Pay
- credit card
- direct debit
- PayPal
- Klarna
Default of payment
If you are in default of payment, ADP-Online Shop GmbH is entitled to default interest in the amount of 5 percentage points above the prime rate announced by the Deutsche Bundesbank for the date of the order p.a. to demand. If ADP-Online Shop GmbH a higher damage caused by delay can be proven, ADP-Online Shop GmbH is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
- Switzerland
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, a performance obligation of ADP-Online Shop GmbH is excluded. Already paid amounts will be refunded by ADP-Online Shop GmbH immediately.
(3) ADP-Online Shop GmbH can also refuse to perform, if this requires an effort that, taking into account the content of the purchase contract and the dictates of good faith in a gross disproportion to the interest of the customer in the fulfillment of the purchase contract. Amounts already paid will be refunded immediately by ADP-Online Shop GmbH.
(4) Bulky goods (packages with a larger volume than 1 sqm) are usually delivered by freight forwarding. ADP-Online Shop GmbH expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged by an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until full settlement of all claims against the customer under the purchase contract, the delivered goods remain the property of ADP-Online Shop GmbH. As long as this reservation of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
(1) A product that is already defective at the time of delivery (warranty case) will be replaced by ADP-Online Shop GmbH at the option of the customer at the expense of ADP-Online Shop GmbH by a defect-free or professionally repaired (supplementary performance). The customer is informed that there is no warranty case if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the event of damage caused by misuse or improper use at the customer's premises,
b) for damage caused by the fact that the products have been exposed to harmful external influences at the customer (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) ADP-Online Shop GmbH also provides no warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the performance interest of the customer in view of the product price, taking into account the content of the contract and the dictates of good faith - whereby in particular the value of the purchased item in defect-free condition, the importance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance. The right of ADP-Online Shop GmbH to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of ADP-Online Shop GmbH, stating the order number to the return address specified by it. Before the sending in, the customer has to remove objects inserted by him from the product. ADP-Online Shop GmbH is not obliged to inspect the product for the insertion of such items. ADP-Online Shop GmbH is not liable for the loss of such items, unless it was readily apparent to ADP-Online Shop GmbH at the time of return of the product that such an item had been inserted into the product (in this case, ADP-Online Shop GmbH will inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred). The customer must also, before sending a product for repair or replacement, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
a) if the defect entitling to the resignation showed up only during the processing or transformation,
b) if ADP-Online Shop GmbH is responsible for the deterioration or loss or the damage would also have occurred at ADP-Online Shop GmbH,
c) if the deterioration or loss has occurred at the customer, although he has taken the care that he uses in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.
(9) The statutory warranty of ADP-Online Shop GmbH ends two years from delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In case of slight negligence ADP-Online Shop GmbH is liable only for breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb and health. For other slightly negligent damage caused by a defect in the purchased item ADP-Online Shop GmbH is not liable.
(2) Regardless of any fault of ADP-Online Shop GmbH remains a liability of ADP-Online Shop GmbH in case of fraudulent concealment of the defect or from the assumption of a guarantee unaffected. The manufacturer's warranty is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by ADP-Online Shop GmbH.
(3) ADP-Online Shop GmbH is also responsible for the impossibility of delivery occurring by accident during its delay, unless the damage would have occurred even with timely delivery.
(4) Excluded is the personal liability of legal representatives, agents and employees of ADP-Online Shop GmbH for damage caused by them through ordinary negligence.
Right of withdrawal:
You have the right to revoke 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, has or has taken possession of the goods. To exercise your right of withdrawal, you must notify us:
ADP-Online Shop GmbH
Anel Panzenböck
Wehlistraße 131-143/10/3 - 1020 Vienna
E-mail anelpanz@hotmail.com
fax 069918030570
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract.
Applicable law
The contract concluded between you and ADP-Online Shop GmbH is governed exclusively by the laws of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].
Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.