State: 2024

JS Aupperle GmbH - General Terms and Conditions (AGB)

1. Area of application

In addition to JS Aupperle GmbH, Unter Wängen 1, 73119 Zell u. A., other sellers, namely ALF-Bikes ®, zsa-shop.de and reifenfüller-shop.de offer their products for sale at the above address in their own name and for their own account. The sellers are entrepreneurs in the sense of § 14 BGB.

These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods or services between the above-mentioned sellers (hereinafter referred to as ‘Aupperle’) and consumers or companies.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity. These GTC apply to entrepreneurs for both current and future contracts without the seller having to refer to them again. If an entrepreneur uses conflicting or supplementary general terms and conditions, these terms and conditions shall only become part of the contract if Aupperle has expressly agreed to them.

2. Contractual partner

The contract(s) is/are concluded between the buyer and the seller of the ordered items; the respective seller of an item is displayed at various points in the order process. The seller of an item is either the
JS Aupperle GmbH, Untere Wängen 1, 73119 Zell u. A.
or
ALF-Bikes ®, JS Aupperle GmbH, Untere Wängen 1, 73119 Zell u. A.
or
zsa-shop.de, JS Aupperle GmbH, Untere Wängen 1, 73119 Zell u. A.
or
reifenfüller-shop.de, JS Aupperle GmbH, Untere Wängen 1, 73119 Zell u. A.

3. Conclusion of contract

The publication of products in our online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the order button, you place a binding order for the goods contained in the shopping basket and declare your agreement with the validity of these GTC. The purchase contract is concluded when Aupperle accepts the order, which is sent in a separate e-mail (order confirmation or dispatch confirmation).

4. Terms of delivery

We only deliver by dispatch. It is not possible to collect the goods yourself. The product prices quoted do not include shipping costs. The amount of the shipping costs is shown in the offers.

Please note that countries that are not members of the European Community may charge customs duties on your order.

5. Payment

Aupperle's prices are quoted in euros and include the applicable statutory value added tax.
When ordering via the Aupperle online shop, the payment methods displayed at the end of the order process are available.
The data entered during the payment process will not be stored by Aupperle, but may be stored by the selected payment provider. In this respect, the respective data protection provisions of the payment service provider apply.

6. Retention of title

The delivered goods remain the property of Aupperle until payment has been made in full.

The following also applies to entrepreneurs:
Aupperle retains title to the goods until all claims arising from an ongoing business relationship have been settled in full. The entrepreneur may resell the goods subject to retention of title in the ordinary course of business. The entrepreneur assigns to Aupperle in advance all claims arising from the resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - up to the amount of the invoice, and Aupperle accepts this assignment. The entrepreneur remains authorised to collect the claims, but Aupperle may also collect claims itself if the entrepreneur fails to meet its payment obligations.

7. Transport damage

The following applies to consumers:

If goods are delivered with obvious transport damage, such damage should be reported to the deliverer as soon as possible and reported to Aupperle. Failure to make a complaint or report damage has no effect on legal claims and their enforcement, in particular warranty rights. However, this will enable Aupperle to assert its own claims against the carrier or the transport insurance company.

For entrepreneurs:

The risk of accidental loss and accidental deterioration passes to the customer as soon as Aupperle has delivered the goods to the carrier, freight forwarder or other person appointed to carry out the shipment. The duty to inspect and give notice of defects applies to merchants (§ 377 HGB). If the recipient fails to notify Aupperle in accordance with section 377 HGB, the goods are deemed to have been approved unless the defect was not recognisable during the inspection. This does not apply if Aupperle has fraudulently concealed a defect.

8. Right of cancellation of the consumer

Consumers have a right of cancellation in accordance with § 312g in conjunction with § 355 BGB.
The following applies to the right of cancellation for purchase contracts for goods

Cancellation policy:

Right of cancellation
You have the right to cancel the contract within fourteen days without giving any reason.

The cancellation period for a purchase contract is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the first goods.

To exercise your right of cancellation, you must inform JS Aupperle GmbH, Unter Wängen 1, D-73119 Zell. u. Aichelberg, info@js-aupperle.de, Tel.: +49 (0)7164-147170, Fax: +49 (0)7164-1471720 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail), regardless of whether it is an item from JS Aupperle GmbH or an item from another seller. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, Aupperle shall refund all payments that Aupperle has received from you, including shipping costs, without delay and at the latest within fourteen days of the day on which Aupperle receives notification of your cancellation. For the repayment, Aupperle will use the same means of payment that you used for the original payment, unless otherwise agreed with you. Aupperle may refuse repayment until receipt of the goods or proof of return, whichever is the earlier.
You must return the goods to JS Aupperle GmbH, Untere Wängen 1, D-73119 Zell u. Aichelberg, or hand them over to Aupperle immediately and in any case within fourteen days of the day on which you inform Aupperle of the cancellation of the contract at the latest. The deadline is met if you send or hand over the goods before the period of fourteen days has expired. Aupperle shall bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the cancellation policy

The following cancellation policy applies to the right of cancellation for services relating to goods:

Right of cancellation

You have the right to cancel the contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise the right to cancel, you must inform JS Aupperle GmbH, Untere Wängen 1, D-73119 Zell u. Aichelberg, info@js-aupperle.de, Tel.: +49 (0)7164-147170, Fax: +49 (0)7164- 1471720 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If the contract stipulates that the services are to commence during the cancellation period, you must pay Aupperle a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform Aupperle of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.

End of the cancellation policy

Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)

To
JS Aupperle GmbH
Untere Wängen 1
D-73119 Zell u. Aichelberg
Germany
info@js-aupperle.de
Phone: +49 (0) 7164 - 147170
Fax: +49 (0) 7164 – 1471720

Revocation

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
________________________________________________________
________________________________________________________
________________________________________________________

Ordered on (*)/received on (*):
________________________________________________________

Name of the consumer(s):
________________________________________________________

Address of consumer(s):
________________________________________________________
________________________________________________________

Signature of the consumer(s) (only for notification on paper)

Date: __________________________________ (*)
Delete as applicable.

You can also download the sample cancellation form here.

The right of cancellation does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts where the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit that the consumer has not expressly requested or to goods delivered during the visit that are not necessarily required as spare parts for the maintenance or repair.

Shipping costs shall not be reimbursed to the extent that they have been additionally incurred by the consumer because he has opted for a type of delivery other than the cheapest standard delivery offered by Aupperle.

9. Liability

Aupperle is always liable without limitation for claims arising from damage caused by Aupperle, its legal representatives or vicarious agents

in the event of injury to life, limb or health,
in the event of wilful or grossly negligent breach of duty,
for guarantee promises, if agreed,
insofar as the scope of application of the Product Liability Act is opened.

If Aupperle, its legal representative or vicarious agent breaches material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence, liability shall be limited to the amount of 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. Warranty and guarantees

Unless expressly agreed otherwise below, 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 entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
In relation to entrepreneurs, only Aupperle's own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement on the quality of the goods; Aupperle accepts no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, Aupperle shall initially provide a warranty to entrepreneurs either by rectifying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery), at its discretion.
The above restrictions and shortening of time limits do not apply to claims based on damage caused by Aupperle, its legal representatives or vicarious agents.

in the event of injury to life, limb or health,
in the event of wilful or grossly negligent breach of duty and fraudulent intent,
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations),
as part of a guarantee promise, if agreed,
insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

11. Terms and conditions of purchase/legal relationships with suppliers

Aupperle purchases and procures its goods and services solely on the basis of the following terms and conditions. The terms and conditions of sale of suppliers are not recognised. These are expressly rejected. The supplier undertakes to indemnify Aupperle against all warranty and liability claims by Aupperle's contractual partners, their customers or third parties, and to assume responsibility for such claims to the extent that they are justified and arise from deliveries of goods or services by Aupperle's suppliers. Their limitations of liability and warranty are not recognised. The warranty period and liability period is 5 years, calculated from the date of delivery of the goods to Aupperle's customers. Warranty and/or liability reduction provisions of Aupperle's suppliers are not recognised. These are formally contradicted.

12. Severability clause

Should individual provisions of these terms and conditions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. In such a case, the parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the actual and economic purpose of these Terms and Conditions. The same applies to a loophole in the terms and conditions.

13. Final provisions

These GTC are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the contractual partner of Aupperle is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the contractual partner and Aupperle shall be the registered office of Aupperle.
Der Vertrag bleibt auch bei rechtlicher Unwirksamkeit einzelner Punkte in seinen übrigen Teilen verbindlich. An die Stelle der unwirksamen Punkte treten, soweit vorhanden, die gesetzlichen Vorschriften.
Aupperle ist weder bereit noch verpflichtet, an Streitbeilegungsverfahren vor Verbraucherschlichtungsstellen teilzunehmen.

JS Aupperle GmbH - General Terms and Conditions (AGB)

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