Terms and Conditions (AGB)
of the company AIME UG (limited liability), Bordeauxstr. 7, 13127 Berlin, Germany
As of 09.01.2020
§1 General Definitions, Scope, Service Description
(1) The following standard contract terms shall apply to all deliveries and offers of AIME UG (limited liability) (in the following referred to as "AIME" or seller). Counter-confirmations of the customer with reference to its own standard or sales terms and conditions are hereby contradicted.
(2) Consumer in terms of these standard contract terms is largely any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities. Business is every natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities. Customers in terms of these terms and conditions are both consumers and businesses.
(3) Individual contractual agreements take precedence over these Terms and Conditions. Deviating, conflicting or supplementary terms and conditions do not become part of the contract, unless their validity is expressly agreed.
(4) The seller understands itself as a specialized provider of workstation and server systems that he configures and designs to customer specifications. The seller mainly serves the demand for powerful PC systems for graphically and computer-intensive tasks. The website of the seller www.aime.info offers customers the possibility to configure a PC system according to their wishes and to order it online, by email or by telephone.
§2 Offer and Conclusion of the Contract
(1) Our proposal of articles is not binding. The presentation of the goods on the website of the seller does not constitute an offer in the legal sense, but merely an invitation to the customer to make an offer in the legal sense (request to order). The order of a customer is an offer to enter into a purchase contract. The following confirmation of the receipt of the order and any following status reports are no acceptance of the offer. The purchase contract is accomplished with delivery of the goods and confirmation of dispatch.
The ordered goods may differ slightly from the goods shown on the Internet due to the technical presentation possibilities within the scope of the reasonable, in particular, this may lead to colour deviations, as far as this is reasonable. Errors are reserved.
(2) The order can be made by the customer on the seller's website, by email or by phone. The customer's order represents a binding offer to conclude a purchase contract for the ordered goods.
(3) The customer can submit a binding offer to purchase the goods listed on the order page by clicking the button [Order] after confirming the contents of the goods basket and giving the name, address and e-mail address. After verifying this offer, the seller will accept them by sending an order confirmation (or invoice) by e-mail or by delivering the goods within 10 to 14 days of receipt of the order. The confirmation of the receipt of the order is not yet an acceptance of the purchase offer. Acceptance is subject to the availability of the ordered goods and their deliverability. If the seller is unable to accept the customer's offer, the seller will in any case inform the customer in electronic form within 5 working days and, if necessary, propose the delivery of a comparable product.
(4) The customer can also communicate his configuration requests via email or telephone. The corresponding contact addresses can be found in the imprint of the seller. The request will then be reviewed within 5 working days and a binding contract offer will be made, which the customer can accept within a period specified in the offer.
(5) The seller reserves the right to inform the customer if necessary on problems (in particular with regard to the compatibility) of his individual configuration of workstations and servers and to make alternative suggestions.
(6) If a product requested by the customer is not available at short notice, no comparable product is available for the customer request and / or the customer does not want to wait until a later delivery time specified by the seller, or if no comparable product is desired, a contract does not come to pass.
(7) Because of the continuous development of products and services, the seller reserves the right to change contractual products and services at any time to the extent that at least equivalent functionality is guaranteed. However, the seller will always coordinate significant changes with the customer as described in paragraph (5).
(8) The seller will confirm the receipt of the customer's order immediately by fax or e-mail.
(9) The purchase contract is not concluded with the order confirmation, but only with the dispatch of a separate e-mail with an order confirmation or the delivery of the goods. The seller is entitled to accept the contract offer submitted in the form of an order within 5 working days. Saturdays are not considered working days in the sense of this conditions. An assumption is the same if the seller delivers the goods ordered within this period.
(10) In the case of improper self-delivery, the seller reserves the right not to not having to fulfill the contract. This applies only in the event that the seller has no responsibility for the non-delivery and he has concluded with the required care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. Otherwise, the consideration will be refunded immediately. In case of unavailability of the goods, the customer will be informed immediately.
(11) If the customer orders the goods electronically, the contract text will be stored by the seller and sent to the customer along with the legally valid terms and conditions by e-mail at the latest after the conclusion of the contract.
§3 Retention of title
(1) For consumers, the seller reserves ownership of the goods until full payment of the purchase price. If the customer is a business or merchant, the seller reserves ownership of the goods until full settlement of all claims from an ongoing business relationship.
(2) In the event of breach of contract by the customer, in particular default of payment, false information provided by the customer about his creditworthiness or if an application for insolvency proceedings is filed, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and to dispose of the goods if the customer has not or not yet provided the consideration in full.
(1) Generally, our prices shall be those referred to in our product basket on our website at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution centre excluding packaging, freight or possible cash on delivery charges. All prices on our websites exclude statutory VAT.
(2) The prices quoted are without installation, training or other ancillary services.
§5 Due Date & Payment
(1) The purchase price is due in full from the order and before delivery. The customer comes - without further explanation by the seller - 14 days after the due date in default, as far as the goods were not completely paid.
(2) Consumers and businesses have to pay in advance. The customer must note that the seller reserves the right to allow the payment method "on account" only from the second order and to make it dependent on a positive credit check.
(3) If costs arise due to the chargeback of a payment transaction due to insufficient funds or due to data transmitted incorrectly by the customer, the costs shall be borne by the customer.
(4) The acceptance of checks is in any case only on account of payment. All actual collection costs shall be borne by the customer.
(5) The seller gives the customer his bank account details in the invoice and delivers the goods after receipt of payment.
(6) If the customer defaults in payment, the purchase price shall be charged during the delay against consumers in the amount of 5% percentage points above the German base rate ("Basiszinssatz") and towards businesses in the amount of 8% percentage points above the German base rate ("Basiszinssatz"). The proof and the assertion of a higher damage caused by delay remains reserved.
(7) The customer shall only be entitled compensation if his counterclaims are legally established by a court or undisputed or have been acknowledged in writing by the seller.
(8) The customer can only exercise a right of retention if the claims result from the same contractual relationship.
(1) Shipping to consumers outside of Germany is not possible. If the customer is an business within the meaning of § 1 (2) of these terms and conditions, a shipment outside of Germany in the following listed countries is possible: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland , Italy, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus. The prerequisite for this is that the customer has a VAT identification number and notifies the seller when the contract is concluded.
(2) The preparation and delivery for deliveries within Germany can be 14 days or specified on the respective offer page. The beginning of the delivery period is determined (depending on the chosen payment method) according to para. 3 to 4.
(3) When paying in advance / bank transfer, the delivery period begins one working day after the payment order has been made. For all other payment methods, the deadline starts one day after receipt of the full amount to be paid.
(4) If the start of the period or the end of the period falls on a Saturday, Sunday or public holiday, the start of the period or the end of the period shall be postponed to the following working day.
(5) With regard to the reservation of proper self-delivery the seller refers to § 2 (4) of these terms and conditions. If the ordered product is not available because the seller of this product is not supplied by his suppliers through no fault of his own, he can withdraw from the contract. In this case, the seller will inform the customer immediately and suggest to him, if necessary, the delivery of a comparable product. If no comparable product is available, the customer does not want to wait until a later delivery time specified by the seller, or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
(6) The seller is entitled to partial delivery, as far as a partial delivery is to be expected in consideration of his interests to the customer. This has no influence on the content of the contract, in particular on the performance owed by the seller or on the agreed performance time. The customer does not incur additional costs due to the partial delivery.
(7) Packaging materials shall become the property of the customer.
(8) Costs for postage and packaging are to be borne by the customer. They will depend on the form of shipment, form of payment, weight and shipping destination. These are shown separately on the invoice.
(9) In addition, it may happen that a delivery is on the way for a longer period of time or something unforeseen happens on the way, which increases the delivery time. If the customer feels that their goods are traveling unreasonably long, the seller asks to get in touch with him. The seller will then clarify the matter without delay for the customer.
§7 Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the consumer during the sale of the goods when the goods are handed over.
(2) For businesses, the risk of accidental loss and accidental deterioration of the goods is transferred to the business with the handover to the carrier, in the case of a consignment purchase with the delivery of the goods.
(3) The transfer is the same if the customer is in default with the acceptance.
(4) If goods are delivered with obvious transport damage, the seller asks the customer for immediate complaint to the deliverer, and then to contact the seller as soon as possible.
(5) The failure to make a complaint or contact has no consequences for the statutory warranty rights of the customer as a consumer. The customer only helps the seller to assert claims against the carrier or the transport insurance.
(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 8, 9 of these Terms and Conditions.
(2) Ordered goods may, to the extent reasonable, deviate slightly from the goods shown on the Internet. It is referred to § 2 (1) of these Terms and Conditions.
(3) Consumers have the choice of whether they require supplementary performance through repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen, if it is possible only with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer. In the case of companies, the seller initially warrants for defects in the goods at his discretion by repair or replacement.
(4) If the supplementary performance fails, the customer may in principle demand, at his discretion, a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal); In addition, the customer may claim damages instead of performance. In the case of insignificant defects, the customer has no right of withdrawal, taking into account the interests of both parties. Instead of damages instead of performance, the customer may demand the reimbursement of futile expenditures in the context of § 284 German BGB, which he made trusting in the receipt of the goods and could reasonably do. If the customer chooses damages instead of performance, the limitations of liability according to § 8 (1) of these Terms and Conditions apply.
(5) Businesses must notify the seller of apparent defects in the delivered goods within a period of 2 weeks and non-obvious defects within one year of receipt of the goods; Otherwise the assertion of warranty claims is excluded. To meet the deadline, the timely dispatch of a notification is sufficient. The defects are to be described as detailed as possible to the buyer. The examination and complaint obligations for merchants according to §§ 377 and 378 German HGB remain unaffected by Section XI, paragraph 3.
(6) If the customer is a business, the condition of the goods is basically only the product description of the seller as agreed. Public statements or advertisements of the manufacturer do not constitute a contractual quality of the goods. Characteristics of the products that can be expected after the public statements of the seller or his assistants, in particular in the advertising or labeling of goods, or due to a commercial use, belong only then to the agreed condition, if they are given in writing in an offer or an order confirmation. Insofar as the products do not have the agreed quality at the time of the transfer of risk or are otherwise subject to a defect in the sense of §§ 434 ff. German BGB, the seller is entitled to remedy the defect or deliver a replacement at will, contrary to § 439 German BGB. To this end, the seller is entitled to examine the products of his choice in the premises of the customer or the seller. In the case of defect removal / replacement, the seller acquires ownership of the removed / replaced components / devices with the removal / replacement. In the context of the production as well as for the removal of defects / replacement delivery, the seller uses spare parts or components which are new or as new according to the usual industry standard. The further legal claims of the customer remain unaffected.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for businesses is 1 year from delivery. The one-year warranty period shall not apply if gross negligence is attributable to the seller, nor in the event of damage to the body and health attributable to the seller and loss of life of the customer, in the case of a warranty or in the event of a delivery recourse in accordance with § 478 German BGB. The liability of the seller under the Product Liability Act remains unaffected.
(8) By way of derogation from paragraph 7, the regular period of limitation applies if the seller has fraudulently concealed a defect.
(9) The seller does not give any guarantees to the customer in the legal sense, unless otherwise expressly agreed. Manufacturer's warranties remain unaffected.
(10) Material defects in particular do not include:
- Defects attributable to faulty installation by the purchaser or a third party commissioned by the purchaser, operating errors, intervention in or modification of the products by the customer or a third party not authorized to do so, and external influences on the products;
- the suitability of the products for a purpose other than ordinary use;
- Function within current industry standards;
- Services that have been provided according to the specifications of the customer.
(11) Insofar as third-party products / third-party software have defects during the statutory warranty period, the purchaser shall primarily contact the manufacturer in order to remedy the defect. If this fails, the above provisions regarding the warranty of the seller apply accordingly.
(12) The seller asks the customer to note that claims for defects do not exist in case of insignificant deviation from the agreed quality or in case of insignificant impairment of the usability. Nevertheless, the seller asks the buyer to contact him in case of problems with the purchased device.
§9 Durability Guarantee
(1) In addition to the purchase or service contract claims for defects acc. §§ 437 ff, 634 German BGB, the seller guarantees all self-made workstations and servers in the following way. The legal rights of the customer are not restricted thereby; If both rights are valid, the customer has the choice on which legal ground he bases his claims.
(2) The seller warrants to the buyer that the workstations and servers are free of errors in terms of quality of work and materials. If defects occur within the warranty period of 1 (one) year (from the date of purchase) that are not caused by any of the causes or circumstances set out in paragraphs (3) and (4) below, the seller shall, at the discretion of the buyer, either
(a) provision replacement parts needed for repair;
(b) exchange the entire workstation or individual components or
(c) repair the workstation at the customer's site or at the seller.
(3) If the faulty component is exchangeable, the seller shall provide the customer with a replacement component required for repair free of charge within the warranty period. This takes about 2 to 14 working days. However, if, at the discretion of the seller, a repair of the workstation / component is required, or if the device needs to be replaced, the seller will have the product picked up by a carrier at the customer's premises. If necessary, a repair or replacement of a defective component can also be made at the customer site. The seller asks the customer to contact him in this regard, describing the error.
(4) The guarantee covers only defects that show up in the case of normal or contractually presupposed use. Excluded from the guarantee are therefore damages that are not caused by use of the object, for example, by acts of violence, lack of care, improper, mundane or malicious use. In particular, the warranty does not apply if the responsibility of the defect lies with the customer.
(5) Furthermore, no warranty claims are caused by incorrect maintenance, faulty installation or electrical supply, by over-voltage (e.g. lightning strikes, power surges), fire damage, environmental disasters, war events of any kind, seizure or other governmental interference, or unauthorized modification, extension, manipulations or due to attempts to repair the hardware of which a third party is responsible for as supplier, contractor or for repair order.
(6) To carry out a warranty the customer has to store the product in the original carton safe for transport, so that transport companies can safely pick up the equipment. If the original carton is no longer available, the seller will gladly send one to the customer before collecting the device. For this, the seller asks the customer to contact him.
(7) By removing / replacing a device / component, the seller acquires ownership of the removed / replaced devices / components.
(8) The guarantee is valid for the Federal Republic of Germany.
(9) The warranty claim is lost with the damage to one of the warranty seals on the back of the device or the opening of the device by the customer or by third parties in the customer order.
(10) In order to claim a guarantee, the customer should contact the seller as follows: Under the service number +49 30 917 49 821 or by e-mail firstname.lastname@example.org
§10 Restrictions on Liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the average amount of damage typical for the contract, depending on the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The seller is not liable for slightly negligent breach of minor contractual obligations. In contrast, he is liable for the violation of contractual legal positions of the customer. Contractual legal positions are those which the contract has to grant to the customer according to the contractual content and purpose. The seller is also liable for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the customer may rely.
(2) The above limitations of liability do not apply to claims of the customer arising from guarantees and / or product liability. Furthermore, the limitations of liability shall not apply to damage which occurs as a result of intentional acts or gross negligence, breach of essential contractual obligations or damage to life, body or health of the customer.
(3) The seller is only liable for own content on the website of his online shop. Insofar as links to other websites make it possible, the seller is not responsible for the foreign content contained therein. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
(4) If non-compliance with time limits is due to force majeure, e.g. mobilization, war, riots, or similar events, e.g. strike or lockout, due, extend the deadlines appropriately.
(5) The seller is liable for delay of performance in cases of intent or gross negligence of the seller or a representative or vicarious agent in accordance with statutory provisions. In other cases of delay of performance, the liability of the seller for damages shall be limited to 5% in addition to the performance and 5% of the value of the delivery for the damages instead of the performance. The above limitation does not apply to liability for injury to life, limb or health. A change of the burden of proof to the detriment of the customer is not connected with the above regulations.
(6) The seller shall not be liable for the recovery of data unless he has caused their destruction intentionally or through gross negligence and the customer has ensured that the data from data material held in machine-readable form is reconstructed at a reasonable cost. The seller recommends to the customer - even in case of a defect, as far as the nature of the defect allows it - to back up his data regularly.
§11 Right of Withdrawal
(1) Consumers have a two-week right of withdrawal. A consumer is any natural person who enters into a legal transaction for a purpose that can not be attributed to their commercial or independent professional activity.
Right of Withdrawal
Right of Withdrawal
A consumer is any natural person who enters into a legal transaction for a purpose that can not be attributed to their commercial or independent professional activity.
The consumer can revoke his contractual declaration within two weeks in written form (eg letter, fax, e-mail) without giving reasons. If the goods are handed over to the consumer before the deadline expires, he can also revoke his contract by returning the goods. The period begins on receipt of this instruction in writing, but not before receipt of the goods by the recipient. In the case of recurrent delivery of similar goods, this does not occur prior to the receipt of the first partial delivery and also not before fulfillment of the Seller's duty to provide information pursuant to § 312c Abs. 2 German BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV and the duties of Seller pursuant to § 312e para. 1 sentence 1 German BGB in conjunction with § 3 BGB-InfoV.
In order to maintain the cancellation period, the timely dispatch of the revocation or the goods is sufficient. The revocation must be sent to: the seller AIME UG (haftungsbeschränkt), Bordeauxstr. 7, 13127 Berlin, Germany, E-Mail: email@example.com, Phone: +49 30 917 49 821
Consequences of Withdrawal
In the case of an effective cancellation, the mutually received benefits must be returned. If necessary, any benefits (e.g. interest) are to be surrendered. If the consumer can not wholly or partially return the received service to the seller, or only in a deteriorated condition, the consumer must compensate the seller to that extent if necessary. In the case of the surrender of things, this does not apply if the deterioration of the thing is solely due to their examination, as it would have been possible for the consumer in the store. Incidentally, the consumer can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the object as his own property and refraining from doing anything that impairs its value.
For parcel shipping items: The goods are to be returned at the risk of the seller. The consumer has to bear the costs of the return, if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 EUR. The consumer also shall bear the costs of the return if the consumer has not yet provided the consideration or a contractually agreed partial payment at the higher price of the item at the time of the revocation. Otherwise, the return for the consumer is free of charge.
For non-parcel shipping items: The goods are picked up by the seller at the consumer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the consumer with the dispatch of his cancellation policy or the thing, for the seller with their receipt. The seller may refuse to repay until the goods have been returned or until the consumer has provided evidence that the goods have been returned, whichever is the earlier. The consumer bears the direct costs of returning the goods. The costs are estimated at a maximum of about 150.00 EUR.
Goods sold by the seller whose value of goods exceeds 500 EUR are considered non-parcel shipping items.
The consumer only has to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
In the case of a contract for services: If the consumer has requested the start of the service during the withdrawal period, he must pay the seller a reasonable amount. The amount of this amount is equal to the value of the service provided for in the contract, which would have been paid until the date on which the consumer informs the seller of the exercise of the right of withdrawal in respect of this contract.
End of Right of Withdrawal
(2) The right of revocation does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or when delivering audio or video recordings or software, provided that the delivered data carriers have been unsealed by the customer (eg software CDs where the cellophane wrapper has been opened).
(3) The right of withdrawal is excluded in contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer.
(4) In order to make the withdrawal as easy as possible for the consumer, the seller pickes up the goods at the consumer. The seller also sends the consumer a shipping label with the customer details via e-mail. It should be noted that the modalities mentioned in this paragraph are not a prerequisite for the effective exercise of the right of withdrawal!
(1) Our privacy practices are consistent with applicable data protection laws.
(2) The seller uses the e-mail address of the customer only for the correspondence regarding the current orders. If desired by the customer, the customer's e-mail address will also be used for own newsletters. Furthermore, the seller sends the customer regularly by e-mail carefully selected offers for similar products from their assortment. The customer may object to the use of his e-mail address for advertising purposes by means of informal e-mail without incurring other than the transmission costs according to the basic tariffs.
(3) The seller does not pass personal customer data to third parties. Exceptions to this are service partners who require the transmission of data for order processing. In these cases, however, the amount of data transmitted is limited to the minimum required.
(4) The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If deletion violates statutory or contractual retention requirements or other legal reasons, the data will be blocked.
Insofar as the delivery or service is impossible, the customer is entitled to demand compensation in accordance with the statutory provisions. However, the customer's claim for damages is limited to 10% of the value of the part of the delivery that can not be used due to the impossibility, in addition to or instead of the service and for the reimbursement of wasted expenditure. This restriction does not apply in cases of intent, gross negligence or injury to life, limb or health. The right of the customer to withdraw from the contract remains unaffected. A change of the burden of proof to the detriment of the customer is not connected with the above regulations.
§14 Final Provisions, Dispute Settlement
(1) The laws of the Federal Republic of Germany shall exclusively apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Sales Convention do not apply. Section 12 (13) sentence 7 no. 3 TDSG remains unaffected.
(2) If the customer is a business, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court having jurisdiction at the registered office of the seller, unless an exclusive place of jurisdiction exists. However, the seller is also entitled to sue the business at his place of residence or business. The competence, which may be reasoned by an exclusive jurisdiction remains untouched.
(3) The seller is obliged to inform the customer that a corresponding online platform is available with regard to the so-called online dispute resolution by the European Commission. The customer can access this platform via the following link: https://ec.europa.eu/consumers/odr. In this context, the seller is also obliged to provide the customer with an e-mail address. This is firstname.lastname@example.org.
(4) The seller is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
(5) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties.