General Terms and Conditions
1. Scope of these General Terms and Conditions
These General Terms of Business and Delivery apply to all the products, deliveries and services listed on this website, which is the online presence of Acolada GmbH, Wallensteinstrasse 61-63, D - 90431 Nuremberg, Germany. The general business terms of our customers shall not become part of our contract with them, even if Acolada GmbH does not expressly discount them. In the event that a customer wishes to dispute the applicability of the General Terms and Conditions set out below, he should give Acolada GmbH prior written notice of this.
2. Online ordering and the right of revocation
All offers on Acolada GmbH’s website constitute a non-binding invitation to the customer and are always subject to confirmation. Goods may be ordered by the customer by completing in full one of the order forms available on the aforementioned website.
By dispatching his order, the customer is making a binding offer to conclude a purchase contract. Acolada GmbH must promptly confirm that it has received a consumer’s order. The confirmation of receipt does not, however, constitute a binding acceptance of the order.
Acolada GmbH is entitled either to accept this offer within 14 calendar days of the order’s receipt by dispatching a confirmation of the order, or to decline it. The order may be confirmed or the offer declined, as the case may be, by letter, e-mail or fax.
The prices forming the basis of a specific order shall apply in respect of that order. An order is deemed not to be valid if a price is prima facie recognisable as incorrect, or if Acolada GmbH could by rights contest the order on the basis of incorrect information.
Provided that the consumer orders the goods in our online shop, the order will be saved by Acolada GmbH and e-mailed to the customer upon request, together with these General Terms and Conditions.
Right of revocation: You have the right to withdraw from your binding offer without stating a reason within two weeks by written notice (e.g. letter, fax, e-mail), or – if the item has already been delivered before this period has expired – by returning the item. The period begins upon the receipt of this cancellation policy in writing, but not before the goods have been delivered to the consignee (in the event of recurring deliveries of similar goods: not before the first partial delivery has been received) and also not before we have fulfilled our duties to furnish information pursuant to Section 312c, para. 2 of the German Civil Code (BGB) in conjunction with Section1, paras 1, 2 and 4 of the Information Duties set out therein (BGB-Info V) as well as our duties pursuant to Section 312e, para 1, clause 1 BGB.
The notice of withdrawal must be sent to:
D - 90431 Nuremberg, Germany
Tel: +49 - (0)911 - 37 66 75 0
Fax: +49 - (0)911 - 37 66 75 29
Consequences of withdrawal: In the event of an effective withdrawal, any deliveries or services received by either party must be returned and, where applicable, any benefits received (e.g. interest) must be surrendered. If you are unable or only partly able to return the product/service received or are only able to return it in a deteriorated condition, you must pay us compensation accordingly. When returning items, this shall not apply if the deterioration of said items is exclusively attributable to their examination – as would have been possible for you, were you to have been in a shop. Furthermore, you may avoid any duty to pay compensation for any deterioration caused by the utilisation of the item as intended by not using the item as your own property and by refraining from doing anything that could impair its value. Items suitable for delivery by parcel post should be returned to us at our risk. You must bear the cost of returning the item if the delivered goods correspond to those ordered and if the cost of the item to be returned does not exceed 40 euros. Otherwise, the return shipping costs shall be borne by us. Items, which are not suitable for delivery by parcel post will be collected. Obligations to refund payments must be met within 30 days. This period shall commence for you on the date your send your written notice of withdrawal or return the item, and for us upon receipt of the withdrawal notice/item.
End of the cancellation policy.
3. Payment terms and prices
All invoices from Acolada GmbH must be paid within 30 days of the invoice date. The date on which the payment is received by Acolada GmbH is the definitive payment date. In the event of any late payments, Acolada GmbH is entitled to refrain from providing any further deliveries or services.
All prices are exclusive of statutory VAT. Acolada GmbH is entitled to make partial deliveries.
4. Handling and shipping
All offers are subject to change without notice. Deliveries shall only be made as long as stocks last. Acolada GmbH shall ship the goods order to the customer within twelve working days. If the customer demands changes or additional work after the order has been placed and confirmed, or should other circumstances occur, which make it impossible for Acolada GmbH to adhere to the delivery date, such circumstances being outside the control of Acolada GmbH, then the delivery date will be postponed for an appropriate amount of time. If Acolada GmbH is prevented from fulfilling the contract in a timely manner due, for example, to disruptions in procurement, production or delivery – either in-house or on the part of its suppliers – then the general principles of law shall apply with the proviso that the customer can allot a period of grace of six weeks after one month has expired. If the failure to comply with a binding delivery date was demonstrably due to mobilisation, war, riots, strikes or lockouts, or other circumstances beyond the control of Acolada GmbH according to the general principles of law, then the delivery date shall be postponed for an appropriate period of time. The customer may withdraw from the contract if he grants Acolada GmbH an appropriate period of grace after the expiry of the extended delivery date. Withdrawal must be made in writing, if Acolada GmbH does not fulfil its side of the contract within this period of grace. If Acolada GmbH is wholly or partially unable to carry out the contract due to the aforementioned reasons, it shall be freed from its delivery obligation.
All items, which may be ordered over the internet using Acolada GmbH’s online catalogue, will be delivered direct to the delivery address specified by the customer, upon payment of the shipping costs.
Acolada GmbH charges a flat rate delivery fee. Subsequent deliveries are made free of charge.
- Orders within the Federal Republic of Germany are free of shipping costs.
- For online orders with a value of less than 500 euros and dispatched within the European Union, our flat-rate delivery fee is €6.00 (postage and packaging costs).
- For online orders dispatched worldwide, our flat-rate delivery fee is €10.00 (postage and packaging costs).
Orders will be packaged and sent by the route considered by Acolada GmbH to be the most cost-effective, provided that there are no restrictions on the part of the shipping company.
All prices quoted in Acolada GmbH’s online catalogue and on the pages associated with the www.acolada.de internet domain are subject to change without notice. Prices quoted in euros are valid in the Federal Republic of Germany. Prices in euros may vary in other countries due to differences in taxation.
Payment terms will be indicated on the invoice. If, by way of exception, the invoice does not contain any information with regard to this, the following payment terms shall apply:
Invoices shall be payable in full within 30 days of their receipt by the customer.
Payments should be made by transfer, either by credit card or crossed cheque, to Acolada GmbH’s account with Sparkasse Bamberg, sort code (BLZ): 770 500 00, account number: 300 073 376.
Cheques should be sent to Acolada GmbH, Wallensteinstrasse 61-63, 90431 Nuremberg, Germany.
In the event that you exercise your right of revocation in accordance with Section 312d, para. 1, clause 1 of the German Civil Code, you must bear the cost of returning the goods, if the goods delivered correspond to those ordered.
5. Retention of Title
Goods delivered to the customer shall remain the property of Acolada GmbH until all principal and subsidiary amounts receivable arising from Acolada’s business relationship with the customer have been paid in full.
Customer is not entitled to avail himself of the items subject to retention of title. In the event of attachment/levy of execution or sequestration, the customer must inform Acolada GmbH immediately in writing and must also immediately notify all and any third parties in appropriate form of Acolada GmbH’s retention of title. If the customer were nevertheless to sell the delivery items and Acolada GmbH were to approve this then, by concluding this contract, the customer hereby assigns all claims against the purchaser to Acolada GmbH. The customer is obliged to surrender to Acolada GmbH all the information necessary for the assertion of these rights and to cooperate as necessary.
6. Limitation of liability
In accordance with statutory provisions, Acolada GmbH shall be liable in cases of criminal intent and gross negligence. In cases of slight negligence, Acolada GmbH shall only be liable if an obligation that is essential to the proper execution of the contract is violated, if such violation endangers the achievement of the contract’s purpose and if the contract partner regularly relies on Acolada GmbH’s adherence to this obligation (cardinal duty) – or else in the case of default or impossibility of performance. In the event of liability due to slight negligence, the liability shall be restricted to those damages that are foreseeable and/or typical. Liability due to the absence of warranted characteristics through intent to deceive, due to personal injury, and due to defects in title under the German Product Liability Law (Produkthaftungsgesetz) and the German Federal Data Protection Act (Bundesdatenschutzgesetz) shall remain unaffected.
In the event that a warranty or liability claim is lodged against Acolada GmbH, any contributory negligence on the part of the customer shall be taken into account as appropriate, particularly where reports of malfunctions were inadequate or steps taken to secure data were insufficient. Steps taken to secure data shall be deemed insufficient if the customer has, in particular, neglected to make suitable provision through the use of state-of-the-art security measures against external agencies – specifically computer viruses and such phenomena – which could jeopardise individual pieces of data or entire data sets.
Should the goods delivered to the customer contain defects, then Acolada GmbH shall remedy the defect or provide a replacement.
Should it be impossible to remedy the defect or to provide a replacement within a reasonable time period, the customer may withdraw from the contract.
Acolada GmbH shall be liable for the absence of any guaranteed characteristics. Guaranteed characteristics are only those characteristics, whose presence is separately guaranteed in writing (not electronically) by Acolada GmbH.
8. Additional warranty rules in respect of software
The customer shall examine the software directly after delivery and shall immediately inform the vendor in writing of any obvious faults.
Acolada GmbH warrants that the software substantially corresponds in terms of functionality with the program description in the accompanying documents for a period of two years from the date of delivery.
Should a defect occur, the defect and the form in which it appears should be described as accurately as possible in a written complaint, so that an inspection of the defect is possible
(e.g. submission of error messages) and that an error of use can be ruled out (e.g. provision of details of the steps taken when using the programme).
No liability shall be assumed with regard to the suitability of the software for the customer’s objectives and its compatibility with the software already present.
9. Data protection
Acolada GmbH never rents or sells user data, which it has obtained via its website, to third parties.
We at Acolada want to safeguard the trust that you have placed in us. We assure you that any information, which you volunteer to us, shall be dealt with in a responsible and professional manner. In accordance with the statutory provisions, we only collect, process and use the data which we need to honour our commitments to our customers.
Any further use of personal data for other purposes – to improve the marketing of our products, for example, or to satisfy our customers’ needs and keep them informed etc. – shall only take place if you give us your express consent. In this context, we should like to draw express attention to the fact that you are entitled to inspect the personal data we hold on you at any time.
The data required for processing the transaction shall be stored and, if necessary, passed on to associated companies as part of the order's processing.
This information may also be disclosed electronically, at the customer’s request. The customer additionally has the right to correct, delete and block the use of his data, in accordance with the statutory provisions.
Acolada GmbH guarantees, however, that appropriate technical and organisational measures are in place, so that no unauthorised third parties can have sight of nor gain farther-reaching access to the "internal” data sets.
If individual provisions within these General Terms and Conditions are or become partially or wholly invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. Instead, the invalid provision shall be replaced by that provision, which most closely approximates the intent of the original.
No ancillary agreements have been made. Any supplements or changes to the contract must be made in writing and shall only become effective once they have been confirmed in writing. This shall also apply to the suspension of this clause.
The customer may only assign the rights accruing to him from his business relationship with Acolada GmbH upon the latter’s written consent. Amounts may only be offset against the purchase price due from the customer in respect of counterclaims that have been allowed or found legally valid.
The place of jurisdiction shall be determined according to the statutory provisions. German law shall apply exclusively.