These terms and conditions apply to all contracts formed between ExplosionAI GmbH, Skalitzer Str. 100, 10997 Berlin, Germany (hereinafter “the Supplier” or “we”) and our customer (hereinafter “the Customer” or “you”) in our online shop, by exclusive means of distance communications (e.g. online).
1. Scope of Validity and Definitions
(1) The business relationship between the Supplier and the Customer are governed exclusively by the following General Terms and Conditions in their version applicable at the time of the order being placed. Any differing conditions or contract offers of the Customer are hereby rejected.
(2) The Customer is a consumer insofar as the purpose of the delivery cannot be attributed to their commercial or freelance occupation. By contrast, an entrepreneur is any natural person or legal entity who, in concluding the present contract, is acting within their commercial or freelance occupation.
2. Conclusion of contract
(1) The Customer may select products from our range and place them in a “shopping cart” by clicking the “Add to cart” button. By then clicking the “Pay” button the Customer issues a binding offer to purchase the items in the cart.
(2) Before placing the order the Customer may view and change the information they have entered and correct any mistakes. The Customer’s offer to purchase can however only be submitted and sent once the Customer has indicated acceptance of these Terms and Conditions during the ordering process and so incorporated them into their offer.
(3) On receipt of the offer the Supplier sends the Customer an automated confirmation of receipt of order by email that again lists the order details. The Customer can print this out using the print function. The automated confirmation of receipt of order documents only that the Customer’s offer has been received by the Supplier; it does not represent any acceptance of that offer.
The contract is only formed once we have issued a declaration of acceptance, which we will then send in a separate email. The issuance of a transaction receipt to the Customer for the goods ordered replaces the declaration of acceptance. The declaration of acceptance may also be replaced in some cases by fulfilment of the order by us within 5 days of receipt of the order. If more than one form of acceptance is available, the contract is concluded by the first of these to occur. In all cases the Customer will receive a confirmation of order in text form in accordance with statutory provisions.
If within 5 days the Customer has received no declaration of acceptance, transaction receipt or notification of delivery or the goods themselves, they are no longer bound to the order. Where the Customer has already made payment, we will refund this immediately in such cases.
(4) The object of the delivery or service are the goods and/or services offered by us and ordered by the Customer. Except where expressly stated otherwise in the specific offer, the goods and prices relate to the articles offered and not to any accessories or decorations that may appear in illustrations along with them.
(5) If we are unable, through no fault of our own and despite all reasonable efforts, to supply the goods ordered because our supplier has failed to fulfil their contractual obligations towards us, we are entitled to withdraw from the contract. This right to withdraw shall however only apply where we have concluded a congruent hedging transaction (for the binding, punctual and sufficient ordering of goods) with the supplier concerned and are not responsible for the non-delivery in any other way. In such a situation we will notify the Customer immediately that the goods ordered are not available. Where the Customer has already made payment, we will refund this immediately in such cases.
(6) The processing of the order and contact with the Customer relating to the processing of the contract is normally by email. The Customer must therefore ensure that the email address supplied for order processing is correct and that no filtering or other settings on the Customer’s device will interfere with his receiving emails relating to the contract.
3. Retention of Title
The goods supplied remain our property until all requirements of the contract are fulfilled; if the Customer is a legal entity under public law, a special fund under public law or an entrepreneur acting within their commercial or freelance occupation, the retention of title shall also apply over and beyond the current business relationship until all debts due to us are settled.
4. Prices and Delivery Charges
(1) Our prices exclude the applicable statutory VAT and delivery charges.
(2) The applicable VAT and delivery charges will be notified to the Customer before conclusion of contract and must be borne by the Customer except where free delivery has been agreed.
(1) The Customer may make payment by one of the payment methods available in the particular offer.
(2) Payment of the purchase price is due immediately on conclusion of contract and must reach us within 7 calendar days, unless the agreed payment method specifies rules to the contrary.
(3) The Customer must ensure that their account contains sufficient funds to cover the purchase. If a chargeback notice is issued due to insufficient funds in the Customer’s account, the Customer shall be liable for the damage this incurs.
(4) The liability of the Customer to pay default interest does not exclude the assertion of further damages caused by delayed payment.
(5) Customers shall be entitled to offset claims only if their counterclaims are recognized by us or are legally established or if the counterclaims originate from the same contractual relationship.
6. Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the object of purchase passes in law to the Customer only at the point of delivery of the object of purchase to the Customer.
(2) Where the Customer is acting as an entrepreneur, the following applies: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes not later than when the goods are passed to the Customer. In the case of sale by dispatch, however, the risk of accidental loss and accidental deterioration of the goods together with the risk of delay is transferred at the time that the goods are passed to the carrier, haulier or other person or entity responsible for performing the shipment.
(3) If the Customer defaults in acceptance or neglects to act in cooperation or if our delivery is delayed for other reasons that are the Customer’s fault, we are entitled to demand compensation for the damage arising as a result, including additional costs (e.g. for warehousing and transport).
7. Warranty against Material Defects; Guarantee
(1) Claims for defects in respect of used items supplied by us shall expire by limitation after one year from transfer to the Customer. For entrepreneurs, the limitation period for claims for defects for items supplied by us is one year. For the rest we shall be liable for material defects in accordance with statutory provision, in particular sections 434 ff German Civil Code (BGB).
(2) Our liability under Section 8 of these Terms and Conditions, in particular due to claims for damages by the Customer for injury to life, limb or health or for material breach of contractual obligations (see below, Section 8), for damages under the Product Liability Act and for any guarantees undertaken, shall remain unaffected by the restrictions in paragraph 1 above. The statutory limitation periods for the right of recourse under section 478 German Civil Code for entrepreneurs and our liability for fraudulent concealment of a defect shall also remain unaffected.
(3) Claims for damages by commercial customers will only be accepted where those customers have performed their statutory investigation and complaint procedures (Sections 377, 381 German Commercial Code (HGB)).
(4) A guarantee of quality or durability (Section 443 German Civil Code) from our side in respect of goods supplied by us shall only apply where this has been expressly offered and agreed by us. This does not affect any manufacturer guarantees that may exist.
(5) Any complaints and warranty claims should be submitted to the address stated in the supplier identification.
(1) Claims by the Customer for compensation for damages are excluded. Exceptions to this are claims for damages by the Customer for injury to life, limb or health or for breach of significant contractual obligations (cardinal obligations) and also liability for other damages arising from breach of obligations through wilful action or gross negligence by the Supplier, its legal representative or vicarious agents. Significant contractual obligations are obligations wherein fulfilment is necessary for the objective of the contract to be achieved and obligations upon the fulfilment of which the Customer, as contractual partner, can generally rely. In the event of breach of significant contractual obligations the Supplier shall be liable only for damages that are foreseeable and typical of this type of contract, if these are simply caused through negligence, except where the claim is asserted by the Customer for injury to life, limb or health.
(2) The limitations set out in para. 1 above shall also apply in favour of the legal representatives and vicarious agents of the Supplier where claims are made directly against these and analogously for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any assumed guarantee remain unaffected.
9. Right of Cancellation
A statutory right of cancellation exists for consumers. You will receive the cancellation policy in accordance with statutory provision separately in text form.
10. Text of Contract
We do not store the text of the contract and it cannot be accessed once the order process has been completed. The Customer may print out these Terms and Conditions and the order details prior to submitting the order and will receive a confirmation of contract as specified by statutory provision.
11. Final Provisions
(1) For extra-judicial settlement of consumer disputes, the European Union has established an online platform (“ODR platform”). The ODR platform should act as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising from online purchase agreements. You can find the platform here: http://ec.europa.eu/consumers/odr.
(2) We are in principle unwilling and not obliged to participate in dispute resolution proceedings before a consumer-enforcement agency.
(3) This contract is governed by the law of the Federal Republic of Germany with the exclusion of the UN Convention on the International Sale of Goods. For consumers, this choice of law shall apply only insofar as the consumer is not deprived of the protection granted by the mandatory provisions of the law of the country of habitual residence of the consumer.
(4) Where the Customer is not acting as a merchant, a legal entity under public law or a special fund under public law and if the Customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes between the Customer and the Supplier arising from this contractual relationship shall be the location of the Supplier’s headquarters.
(5) Should individual provisions of these Terms and Conditions be or become ineffective, this shall not affect the effectiveness of the remaining provisions. Instead of invalid provisions occurs, if any exsists, the legal requirements. As far as this would an unreasonable hardship for a party, the whole contract is legally void.
Last updated: 2023-11-12