Terms & Conditions

Terms and Conditions

1. Scope

For all orders via our online shop by consumers and traders, the following terms and conditions apply.

A consumer is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
A trader is a person or legal person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

These terms also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.

2. Contract partner, conclusion of contract

The purchase contract is concluded with Abovo GmbH.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your shopping basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, contract text storage

The language available for concluding the contract is German.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Terms of delivery

In addition to the indicated product prices there are shipping costs for shipping outside of Germany. You can find out more about the shipping costs in the offers and under the shipping costs button.

You can also pick up the goods at Abovo GmbH, Rumfordstrasse 8, 80469 Munich, Germany during normal business hours.
Please inform us at least two working days before your pick-up so that we can make the goods available from our warehouse.

We do not deliver to packing stations.

5. Payment

The following payment methods are available to you in our shop:

Prepayment
If you choose prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card (via Stripe)

When paying by credit card, payment is processed via Stripe, a service of Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland in accordance with (Art. 6 Para. 1 letters b and f of the GDPR). The credit card data entered at www.abovohome.com is received directly and encrypted by Stripe (Abovo GmbH has no access to credit card data at any time). Stripe, an American firm, is certified according to the EU-American Privacy Shield and thus guarantees adequate data protection. In particular, Stripe has published the following information on the type, scope and purpose of data processing: Privacy Policy, entry in Privacy Shield list.

PayPal 

During the ordering process you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we will instruct PayPal to initiate the payment transaction.

Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

Sofort

After placing the order, you will be redirected to the website of Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN validation that has been activated for participation in Sofort, identify yourself with your access data and confirm the payment instructions to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.

Giropay

After placing the order, you will be redirected to your bank’s website. In order to pay the invoice amount via Giropay, you must have an online banking account with PIN/TAN validation that has been activated for participation in Giropay, identify yourself with your access data and confirm the payment instructions to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.

Amazon Pay
In the ordering process, you will be redirected to the Amazon website before the completion of the ordering process in our online shop. In order to complete the order via Amazon and pay the invoice amount, you must have or create an account there and , identify yourself with your access data. There you can select the delivery address and payment method saved at Amazon, confirm the use of your data by Amazon and confirm the payment instructions to us. You will then be redirected to our online shop, where you can complete the order process.

Immediately after dispatch of the goods, we will request that Amazon initiate the payment transaction. The payment transaction will be carried out automatically by Amazon. You will receive further information during the ordering process.

6. Retention of title

The goods shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

7. Damage during delivery

The following applies to consumers: 

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

The following applies to traders:

The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the hauler, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German HGB are subject to the inspection and notification requirements set out in § 377 HGB. Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been deliberately concealed by us.

8. Warranties and guarantees

Unless expressly agreed otherwise, the statutory liability for defects shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.

For traders, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 of the German Civil Code (BGB) remain unaffected.

With respect to entrepreneurs, only our own details and the manufacturer's product descriptions which were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).

The aforementioned restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper completion of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if one has been agreed
  • in case of liability resulting from mandatory statutory provisions such as the product-liability-law.

For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.

9. Liability

For claims due to damages caused by us, our legal representatives or agents, we are always liable without limitation

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty and fraudulent intent
  • within the framework of a guarantee promise, if one has been agreed
  • in case of liability resulting from mandatory statutory provisions such as the product-liability-law.

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper completion of the contract and the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/   

We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration body. 

The responsible consumer arbitration body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. (The General Consumer Conciliation Body of the Centre for Conciliation), Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de  

11. Final provisions

If you are a trader, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a “Kaufman” (merchant) within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

General terms and conditions created with the Trusted ShopsRechtstexter in cooperation with Wilde Beuger Solmecke Attorneys at law.

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