General Terms and Conditions – Aurelius-Shop (HSK)

General terms and conditions of BUSSE Computer NOVOTECH® SA (Pty) Ltd.

January 2023

BUSSE Computer NOVOTECH® SA (Pty) Ltd.
24 Queens Street
6571 Knysna, South Africa
Email: info@aurelius-shop.de
Phone: +27 (72) 152 8570 | +49 (291) 321 9009

§1 Contractual partners and scope of application

Contractual partner within the scope of the following terms and conditions is the operator of the respective store on this marketplace (hereinafter referred to as “CONTRACTOR”) and the customer.
For operators of own web shops (VENDORS) on this marketplace, the contractual partner is BUSSE Computer NOVOTECH South Africa (Pty) Ltd, 24 Queens Street, 6571 Knysna, South Africa and the store operator.
Further information about the communication data and the legal representation of the CONTRACTOR can be found in the imprint (provider identification) of the respective web store and the website http://aurelius-shop.eu.
For all orders via this web shop and the online marketplace Aurelius-Shop by end users and corporate clients, the following GTC apply.A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An enterprise(r) is a natural or legal person or a legally responsible association, which acts with conclusion of a legal transaction in practice of its commercial or independent vocational activity.
For enterprises, these General Terms and Conditions shall also apply to future business relations without having to refer to them again. If the enterprise uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them in writing.
Contracts for services and products, which were concluded in person or by commissioned third parties on site or during a face-to-face consultation are expressly not affected by this.
Contract language is German.

§2 Contract conclusion

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button (“Order” button) you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after we receive it. The confirmation of receipt does not yet constitute acceptance of the contract. The CONTRACTOR is entitled to accept this offer within a period of seven calendar days by sending a shipping confirmation or sending the ordered goods. A sales contract is only concluded when the CONTRACTOR ships the ordered product to you and confirms the shipment to you with a second email (shipping confirmation). After fruitless expiration of the deadline, the offer is considered rejected.
Should the order confirmation or any other legally binding statement from the CONTRACTOR contain typographical or printing errors or should the price determination be based on transmission errors, the CONTRACTOR is entitled to contest the statement on the grounds of error. In this case, any payments received will be refunded immediately.
We save the contract text and send you the order data by e-mail. You can view and download the general terms and conditions at any time here on our website at https://aurelius-shop.eu/shopname. You can view your past orders in our customer login.

§3 Costs

All prices quoted are in the shown currency, usually in euros and include the applicable statutory VAT, excluding the cost of packaging and shipping at the time of the order.
For packaging and shipping (shipping costs) the costs are calculated separately. The amount of packaging, shipping and insurance costs are summarized and shown with each order. Shipments abroad are currently not possible.
For cash on delivery orders, separate cash on delivery fees will be charged additionally. The amount of the fees depends on the order value and the type of delivery.
All listed prices, also for packaging and shipping, are only valid within Germany and only at the time of the order. With updating of the internet pages of the CONTRACTOR all previous prices and other information about goods become invalid. In each case, the version valid at the time of the order shall be applicable.

§4 Terms of payment and reservation of right of withdrawals

Payments are made either by SOFORT transfer, by prepayment (bank transfer in advance), cash on delivery, or PayPal. For selected customers, there is the possibility of a purchase on account with a payment term or exchange for another product or service. A claim to this payment method does not exist. Not even if these have already been granted to the customer in the past.
For special offers, such as B-goods products, used equipment or special offers, as well as orders by phone, the payment methods are limited.
The CONTRACTOR reserves the right, after the result of a credit check, to exclude certain payment methods, not to accept the customer’s purchase offer or to withdraw from the contract, if the receivent of the purchase price is at risk.
The payment amount shown on the invoice must be paid in full to the CONTRACTOR, regardless of the method of payment. Deductions of transaction fees and the like, which arise, for example, when payment is made through international banks, will not be accepted by the CONTRACTOR.

§5 Right of withdrawal

It is explicitly referred to the consumer’s right of withdrawal and in this context reference is made to the separate instruction on the right of withdrawal and the (attached) sample withdrawal form.
As a consumer, according to the legal regulations, you have the right to cancel a purchase contract concluded with us via the Internet within fourteen days without giving any reason. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period. For this purpose, you can send the predefined form or another clear statement in the form of a letter, email or fax to the address of the CONTRACTOR of the respective shop indicated in the header.
(In Europe this right of withdrawal applies explicitly only to consumers according to §13 (German) BGB. See §1.2.)
In case of cancellation, the consumer must return or hand over the goods to the CONTRACTOR without delay, in any case no later than 15 days from the date of cancellation. The sender shall bear the shipping or transport costs and shall be liable for any damage or loss during transport.
The consumer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
If the consumer uses the right of withdrawal, the refund of the purchase price and the cost of standard delivery will be made in a payment method determined by the CONTRACTOR, no later than 8 working days after receipt of the return delivery of the goods. Cash on delivery charges or other additional costs for special delivery to the consumer as well as costs for return transport will not be refunded.

§6 Delivery time and reservation of self-delivery

The customer has no right to specific delivery times or to stock availability of items. If an item is not available for a period of more than 12 days, the consumer will be informed by email about the expected delivery date. (See also right of withdrawal).
Insofar as the CONTRACTOR is in delay of delivery or a delivery becomes impossible for reasons for which it is liable, and this is not due to intent or gross negligence, liability for losses is excluded. Further claims of the customer remain reserved.
Should the CONTRACTOR itself not be supplied without its own fault, although it has placed congruent orders with suppliers it can rely on, the CONTRACTOR shall be released from its obligation to perform and may cancel the contract. In this case, the CONTRACTOR will immediately inform the customer about the non-availability and will immediately reimburse the customer for any payments already made in case of withdrawal.
In principle, you have the option of picking up the goods from the CONTRACTOR at the address indicated in the header of the corresponding shop, during the business hours indicated in the corresponding internet shop of the CONTRACTOR. This does not apply on holidays at the location of the CONTRACTOR. Please inform the CONTRACTOR at least 2 days in advance of a planned pickup.
Shipments to packing stations are only possible after prior agreement.

§7 Retention of title

All deliveries are made under extended retention of title. The ordered goods remain the property of the CONTRACTOR until full payment has been made.
Before transfer of ownership, resale, leasing, pledging, transfer of ownership by way of security, processing, other disposal or transformation is not permitted without the explicit consent of the CONTRACTOR.

§8 Liability for defects

The customer’s claims against the CONTRACTOR in the event of defects shall be governed by the legal provisions within the legal periods, unless any deviations arise from the following provisions. The legal warranty period is currently two years.
Damages caused by the customer’s improper or improper measures contrary to the contract, during installation, connection, operation or storage, do not justify any claim against the CONTRACTOR. The impropriety and lack of conformity with the contract shall be determined in particular according to the manufacturer’s specifications.
In the case of the purchase of a used item, the customer’s claims in the case of defects shall become statute-barred upon the expiry of a takeover and test period of 8 days from the receipt of the goods. The limitation of the warranty period to this period shall not apply if the liability to pay compensation is based on bodily injury or damage to health due to a defect for which the seller is responsible or on intentional conduct or gross negligence on the part of the seller or his vicarious agents. Notwithstanding the foregoing, the seller shall be liable under the Product Liability Act.
If the customer is an enterpriser and the ordered service is carried out for his business enterprise, his claims in case of defects become time-barred after one year from receipt of the goods.
Further information on the handling of warranty cases can be found on the website of the respective provider at http://aurelius-shop.eu/shopname.
In case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

§9 Repair costs and cost proposals

If goods are sent to the CONTRACTOR or an authorized workshop for repair and if the defects, damages or other changes or deteriorations of the goods are not material defects which trigger legal warranty claims or warranty claims against the manufacturer, the Customer shall reimburse the incurred necessary fees for cost estimates, repairs and similar costs to the CONTRACTOR.

§10 Software products

When purchasing a software product, the customer acquires a data carrier (USB stick, memory card, Blu-ray, DVD, CD, etc.), the associated documentation – if available – and a license to use this software product in accordance with the license terms of the respective manufacturer.
The customer accepts these license terms with the first use of the software package. The software products remain the intellectual property of the licensor. All product names, brand names and logos mentioned by the CONTRACTOR in the store or the internet pages belong to the manufacturing companies of the offered goods. When utilizing delivered goods, industrial property rights owned by third parties must be observed.
In addition, the provisions on claims due to defects of the respective software manufacturer shall apply. The customer must first try extrajudicially to achieve the assumption of the claims of the software manufacturer.

§11 Data backups

Please note the following information before returning devices with storage media (e.g. hard drives, USB sticks, cell phones, etc.):
You are generally responsible for backing up the data yourself. Please make appropriate backup copies and/or delete any personal data contained. This is particularly important if personal data of third parties is stored. If deletion is not possible due to a defect, we ask you to explicitly inform the CONTRACTOR of the existence of personal data. Please note this clearly on the return bill.
The customer is obliged to protect himself adequately against data loss. The CONTRACTOR shall not be liable in any way and at any time, except in the case of intent or gross negligence, for the data stored by the customer on the systems and storage media supplied.

§12 Exclusion of set-off

The customer is not entitled to offset his own claims against payment claims of the CONTRACTOR, unless the claims of the customer are undisputed or legally confirmed.
The customer is not entitled to counter payment claims of the CONTRACTOR with rights of retention – also from notices of defects – unless they result from the same contractual relationship.

§13 Privacy

Data is processed in accordance with the applicable Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). For the rest, reference is made to the notes on data protection.

§14 Use of products and content

The use of the delivered products and the content displayed on them is the sole responsibility of the purchaser, the renter or the operator designated by him. The CONTRACTOR shall not be liable in any way for any content displayed or stored on products sold, rented or provided for testing.

§ 15 Jurisdiction and applicable law

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes between the customer and the CONTRACTOR arising directly or indirectly from the contractual relationship shall be the registered office of the CONTRACTOR.
For the conclusion and execution of all contracts, the law of the registered office of the CONTRACTOR shall apply. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

Revocation Form Template

Sample revocation form
(If you want to cancel the contract, please fill out and return this form).

To:

R E V O C A T I O N

I / we hereby revoke

Name:

Street:

ZIP/City:

Country:

Phone:

EMail:

the contract concluded by me / us for the purchase of the following goods or services of the

Order of . .202

List of items:

Privacy

Privacy policy

Information on the handling of your data and our data protection statement can be found at the following address on the Internet: http://aurelius-shop.eu/impressum.

Storage of access data in server log files

You can visit our websites without providing any personal information. We only store access data in so-called server log files, such as the name of the requested file, date and time of the request, amount of data transferred and the requesting provider. These data are evaluated exclusively to ensure trouble-free operation of the site and to improve our offer and do not allow us to draw any conclusions about your person.

Data collection and use for contract processing and when opening a customer account

We collect personal data when you provide it voluntarily as part of your order, when contacting us (e.g. via contact form or e-mail) or when opening an account. Which data is collected can be seen from the respective input forms. We use the data you provide to process the contract and to handle your inquiries. After complete processing of the contract or deletion of your customer account, your data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you below. The deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described below or via a function provided for this purpose in the customer account.

Data transfer for contract fulfillment

For the fulfillment of the contract, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. For the processing of payments, we pass on the payment data required for this to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the payment service selected by you in the ordering process.

Use of data when subscribing to the email newsletter

If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter.

Data use for email advertising without newsletter registration and your right to object

If we receive your email address in relation with the sale of a product or service and you have not objected to this, we reserve the right to regularly send you offers for similar products, such as those already purchased, from our range by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

Data use for postal advertising and your right to object

Furthermore, we reserve the right to store your first and last name, your postal address and – insofar as we have received this additional information from you within the framework of the contractual relationship – your title, academic degree, year of birth and your profession, industry or business designation in summarized lists and to use them for our own advertising purposes, e.g. to send you interesting offers and information about our products by mail. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described below.

Credit assessment and scoring

If we make advance payments, e.g. in the case of purchase on account, we reserve the right to obtain identity and creditworthiness information from specialized service providers (credit agencies) in order to protect our legitimate interests. For this purpose, we transmit your personal data required for a credit check to the following company(ies):

SCHUFA Holding AG
Kormoranweg 5
65201 Wiesbaden

Creditreform Boniversum GmbH
Hellersbergstraße 11
41460 Neuss

Bürgel Wirtschaftsinformationen GmbH & Co. KG
Gasstraße 18
22761 Hamburg

The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes address data. We use the information obtained about the statistical probability of a payment default for a weighed decision about the establishment, implementation or termination of the contractual relationship. Your interests worthy of protection are taken into account in accordance with the statutory provisions.

Use of Cookies

General information on the handling of cookies can be found on the following website: Cookie Policy (EU) – Aurelius Shop (aurelius-shop.eu).

Use of Google Analytics for web analysis

This website uses Google Analytics, a web analytics service provided by Google, Inc (www.google.de). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
As an alternative to the browser plugin, you can click this link to prevent the collection by Google Analytics on this website in the future. This will place an opt-out cookie on your terminal device. If you delete your cookies, you must click the link again.

Use of etracker for web analysis

On this website, data is collected and stored using technologies from etracker GmbH (www.etracker.com), from which usage profiles are created using pseudonyms. These usage profiles are used to analyze visitor behavior and are evaluated to improve and tailor our offer. Cookies may be used for this purpose. These are small text files that are stored locally on the end device of the site visitor and thus enable recognition when visiting our website again. The pseudonymized usage profiles are not combined with personal data about the bearer of the pseudonym without a separate, explicit consent. You can object to the collection and storage of data at any time with effect for the future by clicking this link http://www.etracker.de/privacy?et=jLs.
After your objection, an opt-out cookie will be stored on your terminal device. If you delete your cookies, you must click the link again.

Rating reminder by email

If you have given us your express consent to this during or after your order by activating a corresponding checkbox or clicking a button provided for this purpose, we will use your e-mail address for the reminder to submit an evaluation of your order via the evaluation system used by us. This consent can be revoked at any time by sending a message to the contact option described below.

Cancellation policy

Consumers have a fourteen-day right of withdrawal.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last item.
In order to exercise your right of withdrawal, you must inform the CONTRACTOR by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the 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 additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment 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 undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. For goods that cannot be returned normally by mail due to their nature, these costs amount to 80€ EUR. You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that 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 sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Contracts for the delivery of goods or the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period, in particular services in connection with shares, with shares in open-ended investment funds within the meaning of Section 1 (4) of the German Capital Investment Code and with other tradable securities, foreign currencies, derivatives or money market instruments.

Muster Widerrufsformular