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Conditions of Use

The following terms and conditions apply exclusively to our deliveries and services.
Other terms and conditions shall not become part of the contract, even if we do not expressly object to them.
 

Deviations from these terms and conditions require our express written acknowledgement.
The terms and conditions shall also apply to all future transactions to the aforementioned extent, 
even if they have not been agreed again in writing. Our offers are always subject to change.
Should we generally change our prices for the product to be delivered in the period between conclusion of the contract and delivery, we shall be entitled to apply the price valid on the day of delivery. In the event of a price increase, the buyer is entitled to withdraw from the contract within 14 days of notification of the price increase.

The contract for the purchase of products or services is concluded when the customer either initiates an order process in AEROAKKU's e-shop, confirms AEROAKKU's GTC and completes the order process electronically, or when the customer initiates an order in writing, including by e-mail, or otherwise, in particular verbally, expressly states his intention to purchase a product or a service to be provided.

In the case of payment by credit card or SEPA direct debit, personal data collected by AEROAKKU for the purpose of credit checking within the scope of this contractual relationship for the application, execution and termination of this business relationship as well as data on non-contractual behaviour or fraudulent behaviour will be transmitted to CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich.

The legal basis for these transfers is Article 6(1)(b) and Article 6(1)(f) of the General Data Protection Regulation (GDPR). Transfers on the basis of Article 6(1)(f) GDPR may only take place insofar as this is necessary to safeguard the legitimate interests of AEROAKKU or third parties and does not outweigh the interests or fundamental rights and freedoms of the data subject that require the protection of personal data. The exchange of data with CRIF Bürgel GmbH also serves to fulfil legal obligations to carry out creditworthiness checks on customers (Sections 505a and 506 of the German Civil Code).
 
CRIF Bürgel GmbH processes the data received and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and Switzerland and, if applicable, other third countries (provided that an adequacy decision of the European Commission exists for these) with information, among other things, to assess the creditworthiness of natural persons. Further information on the activities of CRIF Bürgel GmbH can be found in the CRIF Bürgel information sheet or online at www.crifbuergel.de/de/datenschutz. 
VAT-free deliveries to countries outside the EU must be requested from us before the purchase, a refund after the purchase is not possible!
 
With the exception of delivery on account, goods are dispatched after the customer has placed an order and the amount to be paid has been demonstrably received in an account managed by AEROAKKU via one of the payment methods offered. Payment by invoice may deviate from the aforementioned procedure. 
Our delivery times are generally subject to change. If delivery has been agreed, the risk of loss or damage shall pass to the buyer as soon as the goods have been handed over to the customer.

The buyer is responsible for unloading and must provide the appropriate equipment and personnel for this purpose. If the buyer pays by direct debit or credit card, the following reason for payment will appear on the seller's own booking statement: Akkufix - AEROAKKU.
If the buyer is in default of payment, we shall be entitled to charge interest on arrears at the base rate applicable at the time of default plus 8%, but at least 9%.
 
All information about the suitability of our goods is non-binding and does not constitute a guarantee. They do not exempt the buyer from carrying out his own tests. Complaints due to defects must be made to us in writing without delay, insofar as these can be ascertained by reasonable inspection - in the case of recognisable defects, however, no later than 14 days after receipt of the goods. In the event of justified complaints, we will deliver the missing quantities or exchange the goods. If we are unable to exchange the goods or if the replacement delivery is defective, we will take back the goods or grant a price reduction at the buyer's discretion. We reserve the right to reduce the refundable purchase amount in the event of any signs of wear or use, including on the original packaging.
Claims for damages are excluded. Our liability is in any case limited to compensation for foreseeable damage. The buyer's claims for defects shall expire one year after delivery of the purchased item.
All events and circumstances beyond our control, such as natural disasters, war, labour disputes, shortages of raw materials and energy, unavoidable traffic and operational disruptions, fire and explosion damage, acts of God and all other cases of force majeure shall release us from our contractual obligations for the duration of the disruption and to the extent of its effects. This shall also apply if the event
Die Aufrechnung mit anderen als unbestrittenen oder rechtskräftig festgestellten Gegenansprüchen sowie die Ausübung von Leistungsverweigerungs- und Zurückbehaltungsrechten wegen anderer als unbestrittener oder rechtskräftig festgestellter Gegenforderungen bedürfen unserer Zustimmung. Bei begründeten Zweifeln an der Zahlungsfähigkeit des Käufers, insbesondere bei Zahlungsrückstand, können wir, vorbehaltlich weitergehender Ansprüche für weitere Lieferungen, Vorauszahlungen oder Sicherheiten verlangen sowie eingeräumte Zahlungsziele widerrufen.
Wir behalten uns das Eigentum an den gelieferten Waren vor, solange uns noch Forderungen aus der gegenwärtigen und künftigen Geschäftsverbindung mit dem Käufer zustehen. Alle Forderungen aus dem Verkauf von Waren, an denen uns Eigentumsrechte zustehen, tritt der Käufer schon jetzt im Verhältnis an uns ab.

The buyer hereby assigns to us recognised balance claims from current account agreements in the amount of our then outstanding claims.
If the Buyer is in default of payment, we shall be entitled to demand the provisional surrender of the goods in our ownership at the Buyer's expense, even without exercising the right of cancellation and without setting a grace period.
This shall also apply if we become aware of circumstances that jeopardise punctual payment. For this purpose, the buyer hereby authorises us unhindered access to the goods for the purpose of removal.
In the case of payment on account, the delivered goods shall remain our property until full payment has been made.

Separate terms and conditions of sale and contract apply to commercial customers. These can be requested from us and are not covered by the statutory consumer protection for end consumers.
Place of fulfilment and jurisdiction is DE-06886 Lutherstadt Wittenberg.
 
Cancellation or return policy Cancellation policy 
 
Right of cancellation
 
You can cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or 
if the goods are delivered to you before the deadline, by returning the goods.
The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of the 
recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our 
information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312g 
para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation 
of the cancellation or the goods.
 
The cancellation is to be sent to:
 
AEROAKKU
Torsten Teschner
Fleischerstr. 20a
06886 Lutherstadt Wittenberg
 
Consequences of cancellation
 
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. Shipping costs are generally non-refundable.
If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or if you are unable to return or surrender them in part or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. 
properties and functionality. Testing the properties and functionality’ means testing and trying out the respective goods, as is possible and customary in a retail shop, for example.

Goods that can be sent by parcel post are to be returned at our risk in packaging appropriate to the goods so that damage can be ruled out. You must bear the regular costs of returning the goods if the goods delivered correspond to those ordered. Otherwise the return is free of charge for you. Returns sent carriage forward will not be accepted. Items that cannot be sent by parcel post will be collected from you by a forwarding agent. The costs incurred for this must be enquired about before the contract is concluded and obligations to reimburse payments must be fulfilled within 30 days. 
 
Exclusion of the right of cancellatio
 
The right of cancellation does not apply does not apply to contracts for the delivery of goods that are procured worldwide at the customer's request or manufactured according to customer specifications or clearly customised to personal requirements or which, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded, for the delivery of audio or video recordings or software if the seal on the delivered data carriers has been broken by you and for the delivery of newspapers, magazines and periodicals (unless you have made your contractual declaration for the delivery of newspapers, magazines and periodicals by telephone).
 
 
End of the cancellation polic
 
Guarantee
 
You receive the statutory warranty on all items for a period of 2 years from the date of purchase, unless a different period is specified by the manufacturer. For wear and tear and consumable items such as batteries, rechargeable batteries and seals, the basic period of the statutory warranty is reduced to 6 months, during which we offer replacement or repair in the event that the goods were not damaged by the consumer. After this period, the consumer has the obligation to prove that a defect was not caused by him. A wear part is always deemed to be functional if the basic function of the wear part is fulfilled, for example a battery functions after use as an energy storage device, but the full original capacity or high-current capability can no longer be demonstrated and the reduced performance is due to use of any kind. We provide neither a guarantee nor a warranty for used and processed electrical and electronic items for which the buyer cannot prove that they have operated the item within the operating and usage conditions.
 
Items that can be sent by parcel post must be returned to us in the event of a warranty or guarantee claim, whereby the buyer must provide proof of proper dispatch. In the event of improper and unverifiable despatch, the purchaser shall be liable for the amount of the purchase price or current value of the goods in the event of a lost consignment. In the case of warranty claims caused by damage to the consignment by the carrier (parcel service) 
the consignment must be complained about in writing to the parcel service directly before acceptance or not accepted at all.

Subsequent complaints cannot be recognised, as the buyer has documented the proper acceptance with his signature at the parcel service. In the event of a guarantee/warranty claim, you must bear the costs of the 
return shipment if this case is outside the cancellation period. Returns sent carriage forward will not be accepted! 
In the case of wear and tear and consumables (rechargeable batteries, batteries & seals), you can also return the goods to us at your own expense for inspection during the warranty period. In all cases of product defects, the shipping costs will also be reimbursed. In the event of a warranty claim, a replacement will be delivered. If this is not possible, we reserve the right to deliver a replacement product or to refund the purchase price or, in the event of a defect, the delivery costs.
 
Batteries, lubricants, adhesives and other chemical products are not covered by any warranty, as these are definitely consumables and their properties can change considerably with use.

Do not buy if you do not agree with these conditions.
 
 
Information on the Battery Act 
  
In connection with the sale of batteries or rechargeable batteries or with the delivery of devices containing batteries or rechargeable batteries, we are obliged to inform you of the following in accordance with the Battery Ordinance:
 
* Batteries must not be disposed of with household waste
* As the end user, you are legally obliged to return used batteries.
* You can return batteries free of charge after use at the point of sale or in the immediate vicinity, e.g. at municipal collection centres or in shops. Of course, we also take back batteries on site. 
* Batteries or rechargeable batteries that contain harmful substances are labelled with the symbol of a crossed-out dustbin. The chemical name of the pollutant is next to the dustbin symbol. ‘Cd’ stands for cadmium, “Pb” for lead, “Li” for lithium and “Hg” for mercury.
 
 
Information on the battery deposit
 
Distributors who sell vehicle batteries to end consumers are obliged under §10 BattG to charge a deposit of 7.50 euros including VAT if the end consumer does not return a used vehicle battery at the time of purchase of the new battery. The battery deposit is included in the price for all offers that are explicitly labelled as vehicle batteries. For all other batteries that are not declared as vehicle batteries, we do not refund the deposit. The deposit will be refunded if you return your old vehicle battery to us on site or send us an original proof of disposal by post to the company address stated here in our General Terms and Conditions, which must not be older than two weeks at the time of submission. We do not recommend sending parcels to us, as the dispatch of used batteries constitutes the dispatch of hazardous goods. We will not accept consignments that you have not sent as hazardous goods! As a matter of principle, we do not accept leaked or damaged used battery shipments and decline responsibility for incorrectly declared dangerous goods shipments.
 
 
 
AEROAKKU
Torsten Teschner
Fleischerstr. 20a
DE-06886 Lutherstadt Wittenberg
 
 
 
Note on waste oil disposal
 
We take back the quantity of combustion engine or transmission oil purchased from us free of charge as used oil for the purpose of proper disposal. We also take back oil filters and oily waste regularly produced during oil changes.
The return location is our business address. You can return the used oil or oil filter and oily waste regularly produced during oil changes to us in person. Alternatively, you can choose to have it sent by parcel service / haulage company if you pay the shipping costs. Please note that used oil must be labelled as hazardous waste and appropriate containers must be used.

Online portal of the European Union to support out-of-court dispute resolution: