Terms and conditions

I. Applicability of the general terms and conditions

1. These terms and conditions shall apply exclusively to all contracts for services and deliveries by

   
   

   Augustin Group GmbH & Co. KG
   

   Skandinavien-Bogen 5
   

   24983 Handewitt
   

   (Hereinafter: seller)
   

   
   
2. These terms and conditions shall also apply to contracts concluded via the online shop at the URL www.augustin-group.de , www.augustin-group.com, www.augustin-group.fr, www.augustin-group.pl, www.augustin-group.se, www.augustin-group.it und www.ag-shop.de.
3. Any reference to the inclusion of other general terms and conditions, terms of business or terms of purchase is expressly rejected. This also applies if references to such inclusions are found in commercial letters of confirmation. The application of Article 19 of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded.

II. Conclusion of Contract in the Online Shop

1. Contracts in the online shop are concluded in German. In the respective online shops tailored to the relevant language region, the following languages are available: English, Swedish, Polish, French and Italian.
2. The presentation of goods in the online shop does not constitute a binding offer by the Seller. The Customer is merely invited to make an offer by placing an order. All presentations of goods are subject to change and apply only whilst stocks last.
3. By submitting the order in the online shop and clicking the “Place order” button, the Customer makes a binding offer for a contract of sale for the goods contained in the shopping basket.
4. The Seller enters into contractual relationships only with customers of legal age. By submitting the order, the Customer confirms to be at least 18 years of age and that the information provided regarding age, name and address is accurate. If minors place orders by providing false information or without the consent of their legal guardians, the Seller may contest the contract on the grounds of fraudulent misrepresentation (Section 123 of the German Civil Code (BGB)). The Seller reserves the right to claim all costs incurred from the Customer.
5. The Seller shall confirm receipt of the order by email immediately upon its receipt. This confirmation of receipt does not constitute acceptance of the offer.
6. Within 2 working days of receiving the order, the Seller shall check the availability of the ordered goods and confirm the order to the Customer. This period does not apply during holiday periods, which are indicated in the online shop and during the ordering process. Acceptance shall only take place upon transmission of an order confirmation. If no order confirmation is transmitted, acceptance of the Customer’s contractual offer shall take place upon dispatch of the goods or upon handover of the goods to the Customer.

III. Conclusion of contract outside the online shop

1. Offers made by the Seller are subject to change and non-binding, unless the Seller expressly designates them as binding.
2. Catalogues, leaflets, advertisements and other presentations of to products for sale by the Seller that are not addressed to an individual customer shall not be deemed to be offers.
3. The contract shall only be deemed concluded upon the Customer’s order and the subsequent order confirmation by the Seller, but at the latest upon delivery of the ordered goods by the Seller.

IV. Prices, delivery costs, payment options

1. All prices quoted by the Seller include all taxes, in particular the applicable VAT and other price components. Prices at the time of ordering shall be decisive for the contract.

The following provisions in clauses 2–9 shall apply in addition to contracts concluded via the online shop:

2. Notwithstanding the provision in clause 1, prices are displayed excluding VAT for customers who have logged in to the online shop as business customers.
3. In addition to the total price, delivery charges apply, which will be indicated separately during the ordering process before the binding order is completed.
4. During the ordering process, the Customer may choose between the following payment options: prepayment, credit card, SEPA direct debit, purchase on account, PayPal, cash on delivery and cash payment on collection.
5. Payments by prepayment must be made by bank transfer to the Seller’s following bank account:

Nord-Ostsee Sparkasse


IBAN: DE 93 2175 0000 0005 0023 89


BIC: NOLADE21NOS




6. If the Customer chooses payment via PayPal, the payment must be made immediately after completing the ordering process. The ordering process is set up respectively and the payment process will be initiated immediately after the order has been submitted.
7. For payment on collection, a collection appointment must be arranged by telephone at the Seller’s premises. Payment is to be made in cash.
8. A cash-on-delivery fee of EUR 7.50 applies for payment by cash on delivery; for cash-on-delivery shipments abroad, a fee of EUR 17.00 applies.
9. If the Seller must make a refund, the Seller shall use the same payment method that the Customer used for the original transaction.

For contracts concluded outside the online shop, the following provisions in clauses 10 and 11 shall apply in addition:

10. The Seller’s prices are exclusive of transport costs from the company’s registered office in Handewitt, Germany – CPT Seller’s registered office (INCOTERMS 2020).
11. If the Customer is in default with a payment due to the Seller, the Seller shall be entitled, without prejudice to further claims, to charge a flat-rate fee of EUR 5.00 plus the applicable VAT for any payment reminder issued after the default has occurred. If a further payment reminder is required, the Seller shall be entitled to charge a flat-rate fee of EUR 15.00 plus the applicable VAT. If the default is caused by a reminder, no costs shall be incurred for this reminder, though. The Customer retains the right to prove that the Seller incurred no costs or lower costs.

V. Delivery times

1. The Seller shall dispatch the goods ordered via the online shop immediately upon confirmation of the order in accordance with Section II.6, i.e. usually within 2 working days. For goods not ordered via the online shop, the delivery time is 2 working days after completion of the contract.
2. If goods ordered by the Customer prove not be available for delivery within the period specified in clause 1, the Seller shall inform the Customer without delay.

If the Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following provisions in clauses 3 to 7 shall apply in addition:

3. Delivery dates or deadlines are only binding if they have been expressly agreed as binding. Deliveries by the Seller shall be deemed to have been made on time if the Seller has offered the goods to the Customer at the place agreed in the contract by the agreed date for collection. Article 52(1) CISG shall not apply.
4. The Seller shall not bear any procurement risk for ordered goods. The Seller shall be entitled to withdraw from the contract if, despite the prior conclusion of a corresponding purchase contract and despite demonstrable efforts to procure the goods from the supplier, the goods cannot be obtained.
5. If failure to meet an agreed delivery time is attributable to force majeure, industrial action, fire, unforeseeable obstacles or other circumstances beyond the Seller´s reasonable control, the delivery or performance period shall be extended for the duration of such circumstances. This shall apply, too, if the Seller is in default at the time the hindering circumstance arises.
6. If the impediment to performance lasts for more than one month, both the Seller and the Customer shall be entitled to withdraw from the contract without further ado. Any further rights of the Customer shall remain unaffected. The Seller shall inform the Customer of any impediment to performance without delay and, in the event of withdrawal, shall immediately refund any payments already made by the Customer.
7. The Seller shall be liable for damages resulting from delay exclusively under the conditions set out in Sections 280(2) and 286 of the German Civil Code (BGB), i.e. in the event of a delay in delivery for which the Seller is responsible. In no case shall a delay in delivery alone constitute a breach of contract within the meaning of Article 45 of the CISG. Liability shall be limited in amount to the proven loss resulting from the delay. In no case shall the Seller be liable for contractual penalties or lump-sum damages due to delays in delivery.

VI. Delivery, Transport, Transfer of Risk

If the Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following provisions in clauses 1–4 shall apply:

1. The Seller shall be entitled to make partial deliveries unless this is unreasonable for the Customer.
2. The Seller shall select the transport company for the carriage of the purchased goods which offers the most favourable method of dispatch in terms of price, reliability and speed.
3. The risk shall pass to the Customer upon handover to the transport company. The Seller shall be deemed released from his obligation to perform upon handover to the transport company. Transport of the goods shall occur solely at the Customer’s risk.
4. Clause 3 shall also apply in the event of partial deliveries or where the Seller has accepted additional services, e.g. transport costs or delivery.

VII. Right of withdrawal

If the Customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the Customer has a right of withdrawal in respect of goods purchased via the online shop or outside the online shop by telephone, fax, email or by other means exclusively using means of distance communication, and is hereby informed of this right as follows:

Cancellation policy

Right of withdrawal

Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item.

To exercise your right of withdrawal, you must inform us,

Augustin Group GmbH & Co. KG


Skandinavien-Bogen 5


24983 Handewitt


Tel.: +49 (0) 4608 / 973660


Fax: +49 (0) 4608 / 9736625


E-Mail: [email protected]

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the model withdrawal form provided, although this is not mandatory. You may also complete and submit the model withdrawal form electronically on our website (https://augustin-group.de/media/content/download/Widerrufformular.pdf). If you make use of this option, we will immediately send you (e.g. by email) confirmation of receipt of such a withdrawal.

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

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and, in any event, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you post the goods before the 14-day period expires. You shall bear the direct costs of returning the goods.

You will only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish their nature, characteristics and functioning.

End of the cancellation policy

VIII. Right of return

1. The statutory liability for defects shall apply.

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions in no. 2 - 5 additionally apply:

2. Notwithstanding the provisions in no. 1, the limitation period for claims for defects is 1 year.
3. The inspection and complaint obligations according to § 377 HGB remain unaffected.
4. Augustin Group is only obligated to reimbursement for removal and/or installation costs if the defect could not be identified by an inspection before installation of the item. The remuneration of wages is made in the case of a recognized warranty claim according to the guidelines of our suppliers. Only the cost price will be accepted. Labor costs for the removal and/or installation of more than 50,42 EUR plus VAT per hour are considered disproportionate.
5. If the customer chooses to withdraw from the contract because of a legal or material defect after failed supplementary performance, the customer is not entitled to any claim for damages due to the defect.

IX. Returns policy

1. The Seller grants the Customer the right, subject to the following conditions, to return purchased products within 60 days if they are not to their satisfaction. If the Customer is a consumer, this right exists in addition to and independently of the right of withdrawal. It neither restricts the right of withdrawal nor the claims arising from a withdrawal.
2. The following conditions apply to the right of return:
• a. the Customer must notify the Seller of their wish to return the goods by email (retoure@augustin-group) or via the Seller’s service portal at the URL: https://serviceportal.augustin-group.de,
• b. the Customer must complete the returns form provided by the Seller and return it together with the goods using the shipping label sent by the Seller,
• b. the goods have not been used or installed,
• c. the goods are undamaged,
• d. the goods and accessories are complete, i.e. instructions for use or any accessories and/or assembly tools supplied must be returned in full and undamaged,
• e. the goods are in their original packaging.
3. The following are excluded from the right of return:
• a. special orders, i.e. goods which the Seller does not stock on a regular basis and has procured at the Customer’s request,
• b. electronic components, e.g. engine control units,
• c. goods that cannot be transported by a parcel delivery service.
4. The return period begins on the day on which the Customer, or a third party designated by the Customer who is not the carrier, takes possession of the goods.
5. The costs of returning goods within Germany shall be borne by the Seller provides that Customer uses the return label provided by the Seller. Return costs incurred by the Customer shall not be reimbursed. Returns from abroad shall be at the Customer’s expense and risk.

IX. Warranty, transport damage during return, duty to inspect

1. The statutory law on liability for defects shall apply.
2. The quality of delivered goods shall only be deemed to have been agreed if such agreement has been made expressly. In no case mere knowledge of an intended use shall constitute an agreement on quality of the goods. The application of Article 35(2) CISG is excluded.
3. Notwithstanding Article 45(1) CISG, the Customer shall only be entitled to claims for damages due to a defect if the Seller is at fault (intent or negligence).

If the Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following provisions in clauses 4 to 7 shall apply in addition:

4. Notwithstanding the provisions in clause 1, the limitation period for claims for defects shall be 1 (one) year. The statutory limitation period for recourse claims pursuant to Sections 445a, 445b of the German Civil Code (BGB) shall remain unaffected.
5. The obligations to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB) shall remain unaffected.
6. The Seller shall only be obliged to reimburse removal and/or installation costs if the Consumer has not had the opportunity to detect the defect by due inspection prior to installation of the item. In the event of a recognised warranty claim, remuneration for labour shall be paid in accordance with the guidelines of the Seller’s suppliers. Only cost price shall be accepted. Labour costs for removal and/or installation exceeding EUR 58.00 plus VAT per hour shall be deemed disproportionate.
7. If the Customer elects to withdraw from the contract due to a legal or material defect following failed subsequent performance, the Customer shall not be entitled to any additional claim for damages in respect of the defect. Article 45(2) CISG shall not apply.

X. Retention of title

1. All goods delivered by the Seller remain the property of the Seller until full payment has been made.

If the Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following provisions in clauses 2–5 shall apply in addition:

2. The Seller shall remain the owner of the delivered goods until all payments arising from the business relationship with the Customer have been received.
3. The Customer must to insure the goods subject to retention of title against damage caused by fire, water, theft and burglary for the duration of the retention of title. The Customer assigns all rights arising from this insurance to the Seller in each case in the amount of the outstanding payment. Furthermore, for the duration of the retention of title, the Customer assigns to the Seller all claims to which he is entitled due to the destruction or deterioration of the goods subject to retention of title, in each case in the amount of the outstanding payment.
4. In the event of attachment or other interventions by third parties, the Customer must notify the Seller immediately in writing so that the seller may bring an action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If judicial and extrajudicial costs against the third party have been awarded in favour of the Seller in an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO) and an attempt at enforcement against the third party proves unsuccessful, the Customer shall reimburse the Seller for the costs not recovered from the third party as well as the costs of enforcement.
5. The Customer hall be entitled to resell the delivered goods in the ordinary course of business. The Customer hereby assigns to the Seller all claims arising from the resale against its customers or third parties, to the extent of the Seller’s claim, irrespective of whether the delivered goods have been resold unprocessed or after processing. The Customer shall remain authorised to collect his claim even after the assignment. The Seller’s authority to collect the claim shall remain unaffected by this authorisation. However, the Seller shall not collect the claim as long as the Customer meets his payment obligations from the proceeds received, is not in default of payment and/or no application has been made to open insolvency proceedings against the Customer or the Customer has generally suspended payments. If, however, any of these conditions apply, the Seller may demand that the Customer disclose the assigned claims and their debtors in writing, provide all information necessary for the collection of the claims, hand over the relevant documents and notify the debtors of the assignment.

XI. Cross-border deliveries, Customer’s responsibility

1. The Seller’s obligation to perform is subject to the proviso that there are no obstacles to performance arising from national or international foreign trade regulations, nor any embargoes and/or other sanctions.
2. The Customer undertakes to submit all declarations necessary for export from Germany and import into the country of destination to the competent authorities in good time and to take all necessary steps, in particular to procure the documents required for customs clearance and any export controls.
3. The Customer undertakes to comply with all applicable provisions of the sanctions, embargo and (re-)export control laws of the European Union, the United States of America and any locally applicable legal system (hereinafter: export law). The Customer further undertakes to indemnify the Seller against all claims, costs and damages incurred by the Seller as a result of non-compliance with the provisions of export law.
4. Prior to each delivery by the Seller, the Customer shall ensure that
• a. the use, transfer or distribution of the goods does not contravene export law,
• b. the goods and services are not made available for prohibited or licence-requiring, non-civilian uses (armaments, nuclear technology, weapons or any other defence/military use),
• c. no person involved in the receipt, use, transfer or distribution of the goods is listed on any sanctions list under export law.
5. Delays resulting from export controls shall not constitute circumstances for which the Seller is responsible within the meaning of clause V.5.
6. The Customer undertakes to provide the Seller, upon request, with all information regarding the user(s), the intended use and/or the final destination of the goods without delay.
7. The Customer undertakes not to sell or export goods purchased from the Seller, either directly or indirectly, to the Russian Federation or Belarus, and to ensure, through appropriate monitoring, that such a sale or export is not carried out by third parties downstream of the Customer in the supply chain.

XII. Limitation of Liability, Geographically Limited Warranty for Intellectual Property Rights

1. The Seller shall be liable in cases of intent and gross negligence in accordance with the statutory provisions.
2. Otherwise, the Seller shall only be liable under the Product Liability Act, for injury to life, limb or health, or for the culpable breach of material contractual obligations (material contractual obligations are those whose fulfilment characterises the contract and on which the Customer may rely), or insofar as the Seller has fraudulently concealed a defect or has given a guarantee as to the quality of a delivered item. Any liability beyond this is excluded.
3. If the Customer is entitled to compensation for damage in lieu of performance or to damages for the breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract.
4. The Seller warrants freedom from third-party intellectual property rights only within the territory of the Federal Republic of Germany. The existence of third-party rights to goods delivered by the Seller based on intellectual property rights that are not valid in the Federal Republic of Germany shall in no case constitute a defect in the goods delivered by the Seller.

XIII. Restrictions on set-off and the right of retention

If the Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following provisions in clauses 1 and 2 shall apply:

1. The Customer may only set off claims by the Seller against undisputed or legally established claims.
2. The Customer may exercise a right of retention or a right to refuse performance only in respect of undisputed or legally established counterclaims.

XIV. Applicable law, place of performance, jurisdiction

If the Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following provisions in clauses 1 to 3 shall apply:

1. The place of performance and exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship shall be Handewitt, Germany. However, the Seller may sue the Customer at the Customer’s place of residence and/or business instead at the Seller´s sole discretion.
2. The law of the Federal Republic of Germany shall apply.
3. If any provision of these General Terms and Conditions proves to be or becomes invalid, the validity of the remaining provisions shall remain unaffected.