GENERAL TERMS AND CONDITIONS

§ 1 General Information, Scope of Application

(1) The following General Terms and Conditions shall regulate the contractual relationship between AkuRy.de and the consumers and companies which use the Internet services of AkuRy.de (hereinafter called "purchaser").These General Terms and Conditions shall relate to the use of the website www.akury.de and all subdomains pertaining to this domain. The valid version of the General Terms and Conditions at the time of conclusion of the contract shall apply in all cases.

(2) Consumers within the meaning of these General Terms and Conditions shall be natural persons who enter into business relations with AkuRy.de without this being attributed to their commercial activities or occupational self-employment. Entrepreneurs within the meaning of these General Terms and Conditions shall be natural and legal persons or legally capable partnerships who enter into business relations with AkuRy.de while exercising their commercial activities or occupational self-employment.

§ 2 Conclusion of Contract

(1) The offers by AkuRy.de in the Internet shall represent a non-binding request to the purchaser to order goods from AkuRy.de. (2) By ordering the requested purchase item in the Internet, the purchaser shall submit a binding offer to conclude a purchase contract. (3) AkuRy.de shall be entitled to accept this offer within 3 days by sending an order confirmation. This order confirmation shall be sent by email.If the period mentioned in sentence 1 expires without success, the offer shall be deemed to have been rejected.

§ 3 Payment, Due Date, Payment Default

(1) The goods shall be paid for in advance or cash on delivery by credit card or direct bank debit.Payment by cash on delivery shall only be possible if the goods are sent within Germany. We shall reserve the right to accept or refuse certain payment methods in an individual case.

(2) If the goods are paid for in advance, the purchaser shall be obliged to pay the purchase price as soon as the contract has been concluded. In the event of payment by cash on delivery, the purchaser shall be obliged to pay the purchase price when the goods are delivered. In the event of payment by invoice, the purchaser shall be obliged to pay the invoice amount within 14 days after receipt of the goods. In the event of payment by direct bank debit, the amount shall be booked within one week after conclusion of the contract. In the event of payment by credit card, booking shall be made after the goods have been dispatched.

(3) If the purchaser fails to pay on time, he/she shall be responsible for any negligence during this period. Due to performance, the purchaser shall also be liable for an accident, unless the damage would also have occurred if performance were effected on time.

(4) Interest shall be charged on the purchase price during the period of default. The default interest rate shall be five percentage points above the base interest rate for the year.In the case of legal transactions in which a consumer is not involved, the interest rate shall be eight percentage points above the base interest rate.

(5) The enforcement of a claim for any other damage shall not be excluded.

§ 4 Delivery

(1) Delivery shall be effected by sending the purchase item to the address notified by the purchaser. If delivery has been agreed in return for advance payment, the delivery period shall normally be 3 to 4 working days after receipt of the purchase price. Otherwise, the delivery period shall normally be 3 to 4 working days after dispatch of the order confirmation. Unless otherwise agreed, this information shall not be binding.

(2) The costs for dispatching the purchase item shall be notified together with the price of the product and shall be paid by the purchaser. Unless otherwise stipulated, the price for packing and shipping goods abroad shall be calculated separately according to weight. If the purchaser requests a special dispatch method for which higher costs are incurred, he/she shall also pay these additional costs.

(3) If the purchaser obtains the purchase item for his/her commercial or occupational activities, risk of accidental loss and accidental deterioration of the purchase item shall pass to him/her as soon as AkuRy.de has delivered the purchase item to the freight forwarder, the truck driver or another person or organization entrusted with delivery.

§ 5 Reservation of Title

The purchase item shall remain the property of AkuRy.de until it has been paid in full.Prior to the transfer of ownership, the purchase item may not be pledged, transferred by way of security, processed or changed without the express permission of AkuRy.de.

§ 6 Prices

The price for the purchase item in the particular offer shall be regarded as the final price including any value-added tax and other price components. The price shall not include the costs of delivery and shipping.

§ 7 Withdrawal

(1) AkuRy.de shall be entitled to withdraw from the contract despite partial supply or partial performance if incorrect information about the purchaser's creditworthiness has been given or there are objective reasons relating to the purchaser's inability to pay, for example opening of insolvency proceedings against the assets of the purchaser or the rejection of such proceedings due to the lack of assets which cover the costs. Prior to withdrawal from the contract, the purchaser shall be given the opportunity to make an advance payment or provide suitable security.

(2) Irrespective of any compensation claims, part performances already effected shall be invoiced and paid in accordance with the terms of the contract in the case of partial withdrawal.

§ 8 Warranty

(1) Warranty to consumers
a) AkuRy.de shall provide a warranty to the effect that the purchase item was free of defects when it is handed over. If it is discovered that the purchase item contains a material defect within six months after it was handed over, it shall be assumed that the purchase item was defective at the time of handover, unless this assumption is incompatible with the nature of the purchase item or the defect. If the material defect only arises after a period of six months, the purchaser shall prove that the defect already existed when the purchase item was handed over.
b) If the purchase item was defective at the time of handover, the purchaser shall have the choice of either re-performance through rework or a replacement item.AkuRy.de shall be entitled to refuse the type of re-performance chosen by the purchaser if it is only possible with disproportionate costs and the other type of re-performance does not entail any serious disadvantages for the purchaser.
c) If re-performance fails, the purchaser may choose, in principle, to either reduce the purchase price (reduction) or cancel the contract (withdrawal), and also demand compensation. The purchaser shall not be entitled to withdraw from the contract if the purchase item only contains minor defects. d) Claims by the purchaser due to defects shall become statute-barred in two years or in one year if used items are sold.

(2) Warranty to companies
a) If the purchase is a commercial transaction for AkuRy.de and the purchaser, the latter shall immediately inspect the supplied goods for quality and quantity deviations and inform AkuRy.de in writing about any discernible defects within a period of one week after receipt of the goods. Otherwise, the enforcement of the warranty claim shall be excluded. Hidden defects shall be notified to AkuRy.de in writing within a period of one week after they are discovered. Prompt dispatch of the purchase item shall be sufficient to comply with this period. In this case the full onus of proof for all claim conditions shall rest with the purchaser, especially for the defect itself, the time of discovery of the defect and the promptness of notification of the defect. b) In the case of defects, AkuRy.de shall give a warranty by either performing rework or providing a replacement purchase item. c) The purchaser's claims in connection with defects shall become statute-barred in one year.

(3) If AkuRy.de supplies a perfect purchase item for the purpose of re-performance, AkuRy.de may request the purchaser to return the defective purchase item.

(4) Damage caused by improper or non-contractual actions by the purchaser during setup, connection, operation or storage shall constitute no grounds for claims against AkuRy.de.

§ 9 Liability Restriction

(1) Apart from damage caused by death, physical injury and harm to health, Akury.de shall only be liable if this damage is due to intentional or grossly negligent action or culpable infringement of an essential contractual obligation by AkuRy.de or its agents. An obligation shall be regarded as being essential to the contract if its fulfilment only actually allows the contract to be duly executed and on whose observance the purchaser can regularly rely. Any further liability for compensation shall be excluded. Claims from a warranty given by AkuRy.de for the condition of the purchase item and from the Product Liability Act shall not be affected.

(2) According to the latest state of the art, it cannot be guaranteed that data communication via the Internet will be troublefree and/or available at all times. We shall therefore accept no liability for availability of our online shop at all times.

§ 10 Data Protection

All personal data required to perform the order shall be stored in machine-readable form and shall be treated as confidential. The data required to process an order, e.g. name and address of the purchaser, shall be passed on during execution of delivery to the companies entrusted with the task of delivering the purchase item.

§ 11 Choice of Law, Place of Jurisdiction

(1) Any disputes arising from this legal relationship shall be subject to the law of the Federal Republic of Germany. This choice of law shall only apply to consumers if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has his/her usual place of residence. The UN Convention on the International Sale of Goods shall not apply.

(2) If the purchaser is a merchant, a legal person under public law or a special public asset, the sole place of jurisdiction for any disputes arising from this contract shall be the place of business of AkuRy.de. This provision shall also apply if the purchaser does not have a general place of jurisdiction in Germany or his/her residence or usual place of abode is not known at the time when the action is brought.

§ 12 Saving Clause

If one of the clauses of these General Terms and Conditions is or becomes invalid or unenforceable, the validity of the other clauses shall not be affected, unless one contracting party is put at such an unreasonable disadvantage through the invalidity of individual clauses that it can no longer be reasonably expected to adhere to the contract.