General terms and conditions
§ 1 General
The company ArduinoClub Inh. Sabine Bohnen (hereinafter only "Fa. ArduinoClub"), Jacobastr.95, 41836 Hückelhoven, is the contractual partner of the natural and/or legal person who enters into a business relationship with it. ArduinoClub concludes contracts of sale with customers who have reached the age of 18 and have unlimited legal capacity, as well as with legal entities domiciled in the Federal Republic of Germany, in a member state of the European Union, Switzerland or another country. The purchase contract to be concluded between ArduinoClub and the customer is concluded by receipt of the goods by the customer within 10 working days of receipt of his order or by dispatch of an order confirmation (in the case of advance payment or payment via PayPal). Working days are all weekdays with the exception of Saturdays, Sundays and public holidays at the ArduinoClub headquarters in Wassenberg, Germany.
For all mutual claims arising from and in connection with the conclusion of a contract between the customer and ArduinoClub, these General Terms and Conditions shall always apply in the version valid at the time of the conclusion of the respective contract. Other conditions do not become part of the contract, even if ArduinoClub does not expressly contradict them. In all other respects, the statutory provisions shall apply.
With regard to illustrations, drawings, weight specifications, descriptions, etc. in offers, price lists and other communications addressed to a larger circle of persons, § 434 para. 1 sentence 3 BGB applies. ArduinoClub reserves ownership rights and copyrights to cost estimates, drawings, photos, graphics and other documents. They may not be made accessible to third parties without the consent of ArduinoClub. In all other respects the regulations in § 13 Abs. 2 apply.
The data and information provided to ArduinoClub by the customer serve ArduinoClub for the processing of orders, the delivery of goods and for the processing of payment. The articles ordered by the customer shall be delivered by a transport company commissioned by ArduinoClub, to which the customer's address data shall be transmitted for the purpose of carrying out the transport.
§ 4 Force majeure, self-supply reservation
4.1 In cases of force majeure, such as wars or dangers of war, natural disasters, industrial action (also in subcontracting companies on whose procurement ArduinoClub depends), which are unavoidable and unforeseeable for ArduinoClub, ArduinoClub is entitled to postpone the fulfilment of the contract by up to 2 weeks from receipt of the customer order. The customer will be informed immediately. If the customer does not agree with the postponement, he is entitled to withdraw from the contract. Any payments already made will be refunded immediately. Claims for damages are excluded in this case.
In the event of an unlawful industrial dispute, ArduinoClub shall only be liable for gross negligence.
4.2 If delivery difficulties occur despite the conclusion of a covering transaction for which ArduinoClub is not responsible, ArduinoClub reserves the right to withdraw from the contract. The customer will be informed immediately and ArduinoClub will suggest the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, he will be reimbursed immediately for services rendered to date.
§ 5 Lack of availability of ordered goods or services
Should ArduinoClub determine after receipt of the customer order that the ordered article or the ordered service is no longer available at ArduinoClub, because the pre-supplier does not supply ArduinoClub after receipt of the customer order through no fault of ArduinoClub or e.g. initiates a recall action regarding the ordered article, ArduinoClub is entitled to withdraw from the contract. ArduinoClub will inform the customer immediately and return payments already made without delay. ArduinoClub may also offer the customer a product or service of equivalent quality and price, which the customer is not obliged to accept, within the scope of its information addressed to the customer.
§ 6 Warranty
6.1 For the goods of ArduinoClub the legal liability for defects exists.
6.2 ArduinoClub warrants that the products are free from material defects and defects of title in accordance with §§ 434, 435 BGB (German Civil Code) at the time of transfer of risk. Should delivered goods show obvious material or manufacturing defects, including transport damage, the customer is requested to complain such defects to ArduinoClub as soon as possible. The omission of this complaint has no consequences for the legal claims of the customer. The regulations according to §§ 434, 475 Abs. 1 BGB apply.
The warranty period is two years. It begins with the receipt of the goods by the customer. In the event of a defect, the customer may, in accordance with § 439 BGB (German Civil Code) and at his discretion, demand the removal of the defect or the delivery of goods free of defects. Within the scope of § 439 BGB Fa. ArduinoClub can refuse the type of supplementary performance chosen by the buyer if it is only possible with disproportionate costs. If, within the framework of a repair, the removal of a defect is not successful even on the second attempt, the customer is entitled within the framework of § 439 BGB to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. Withdrawal from the contract is excluded if the defect is minor and insignificant. Otherwise § 437 BGB applies.
The statutory provisions shall apply with regard to any claims for damages due to defects in the goods. The prerequisite for warranty claims is that the defect has not been caused by improper use or overuse.
6.3 If a defect becomes apparent later than six months after delivery of the goods, the customer shall provide evidence that the goods were already defective at the time of transfer of risk. Otherwise, ArduinoClub shall be free to prove that the goods were free of defects at the time of delivery. In the event of loss of data, ArduinoClub shall only be liable if the customer has regularly and verifiably backed up the data at least once a day. Otherwise, ArduinoClub's liability is excluded with the exception of cases of intent or gross negligence.
6.4 If manufacturers grant a guarantee for ordered items, this shall apply irrespective of the warranty rights to which the customer is entitled. The details of any manufacturer's warranty, in particular its scope and the name and address of the guarantor can be found in the manufacturer's and guarantor's warranty provisions relating to the respective goods. If the customer wishes to assert his claims under a granted guarantee, he must contact the guarantor named in the guarantee conditions.
6.5 Warranty for kits
The company ArduinoClub grants 6 months warranty on kits.
The guarantee covers the free removal of defects that can be proven to be due to the use of materials that are not in perfect condition or to manufacturing faults. Since we have no influence on the correct and proper assembly, we can only guarantee the completeness and flawless condition of the components for understandable reasons. We guarantee that the components will function in accordance with their characteristic values when not installed and that the technical data of the circuit will be complied with in accordance with the soldering instructions, professional processing and prescribed commissioning and mode of operation. Further claims are excluded. We assume neither a guarantee nor any liability for damages or consequential damages in connection with this product. We reserve the right to repair, rectify, deliver spare parts or refund the purchase price. The following criteria will not be repaired or the warranty will expire:
● if acidic solder, solder grease or acidic flux etc. was used for soldering,
● if the kit has been improperly soldered and assembled.
● in case of incorrect operation or handling.
● Improper maintenance and repair by third parties.
● Technical modifications by third parties.
§ 7 Warranty for entrepreneurs
For warranty claims of entrepreneurs within the meaning of § 14 BGB (German Civil Code), the following shall apply: Claims of the purchaser for expenses incurred for the purpose of subsequent performance, in particular shipping, travel, labour and material costs, shall be excluded insofar as the expenses increase because the object of the delivery has subsequently been moved to a different location than the original delivery address of the purchaser. If the Contractor installs the ordered goods, whether on site or at a third location, and if a defect is discovered only after installation, liability for the additional costs incurred by the installation and removal is excluded.
§ 8 Terms of payment
The purchase price plus any delivery and shipping costs for the delivery made by the company ArduinoClub will be charged in euros in advance. The customer can pay either by bank transfer in advance, by PayPal Plus with credit card (Mastercard/Eurocard, Visa Card, AMEX), by PayPal (integrated in PayPal Plus) or SEPA direct debit (integrated in PayPal Plus). In the event that the customer wishes to pay in advance, he must state this when placing his order. He will then immediately receive a request for payment, which must be settled by stating the order number in the intended purpose. The goods will be dispatched immediately after receipt of the invoice amount. If after seven days still no payment receipt on our account is to be determined, we will cancel your order. In order to avoid a credit risk, ArduinoClub reserves the right in special individual cases to deliver exclusively against selected terms of payment.
§ 9 Reservation of title
ArduinoClub reserves the ownership of all goods delivered by it to a customer until the final and complete payment of the delivered goods. If ArduinoClub exchanges goods under warranty, it is already agreed today that ownership of the goods to be exchanged shall pass from the customer to ArduinoClub or vice versa at the time when ArduinoClub receives the goods back from the customer or the customer receives the exchange delivery from ArduinoClub.
§ 10 Delivery and shipping costs
10.1 ArduinoClub imports some of the articles offered from the USA. These may be subject to US American and other export control regulations, in particular German export control regulations. The customer himself is responsible for compliance with these regulations. ArduinoClub therefore points out that before exporting products and/or technical information received from ArduinoClub, the customer must obtain any necessary export licenses or other necessary documents at his own expense. In addition, the customer is advised that he may not sell, export, re-export, deliver or otherwise pass on any products or technical information subject to export control regulations, either directly or indirectly, to persons, companies (companies) or to countries, insofar as this violates US American or other, in particular German export control laws, regulations, restrictions and provisions. Customer is required by law to inform all recipients of such products or technical information of the need to comply with such laws and regulations. The refusal of an export licence does not entitle the customer to withdraw from the contract or to claim damages. ArduinoClub is not obliged to issue a supplier or long-term supplier declaration to the customer or to procure one from its own suppliers.
§ 11 Prices
The indicated prices are final prices plus shipping costs.
§ 12 Liability
12.1 ArduinoClub, its management and its employees shall be liable in cases of positive breach of contract, in cases of default, impossibility of performance, tort and for any other legal reason (except pre-contractual breaches) in cases of intent and gross negligence. In the event that culpable damage to life, health or body has occurred, in the event of culpable breach of contractual cardinal obligations (main performance obligations) or in the event of fraudulent misrepresentation and in the event of a claim for compensation in accordance with § 437 clause 2 BGB, ArduinoClub shall be liable to the extent provided by law. Only in the event of a breach of cardinal obligations shall the liability of ArduinoClub employees be limited to the typical, foreseeable damage. The term "cardinal obligations" is either used to identify a concretely described essential breach of duty that endangers the achievement of the purpose of the contract or is explained abstractly as a duty whose fulfilment makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
12.2 In the event of loss of data, ArduinoClub shall only be liable if the customer has regularly and verifiably backed up the data at least once a day. The liability for loss of data is limited to the restoration effort if a backup copy is available, unless the loss of data was caused by ArduinoClub intentionally or through gross negligence. Otherwise liability is excluded.
12.3 The extent of ArduinoClub's liability under the Product Liability Act remains unaffected.
12.4 The above provisions reflect the full scope of liability of ArduinoClub, its management and its employees.
§ 13 Choice of law
13.1 German law applies to the legal relationships between ArduinoClub and its customers as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods dated 11.4.1988 is excluded.
13.2 The provisions of clause 12.1 do not affect mandatory provisions of the law of the country in which the customer has his habitual residence, if and to the extent that the customer has concluded a sales contract which cannot be attributed to the customer's professional or commercial activity (consumer contract) and if the customer has performed the legal acts required to conclude the sales contract in the country of his habitual residence.
§ 14 Miscellaneous
14.1 The customer shall have no right to offset or withhold payment unless the claim is undisputed or has been legally established by a court of law.
14.2 The website operated by ArduinoClub as well as its entire content, in particular texts, photos, images, graphics, illustrations and any software as well as all trademarks, patents, utility models are all protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trademark rights, patents in force or utility models. The use outside the selection and the purchase of a commodity requires the previous written agreement of the company ArduinoClub or, if this is not right owner, on the part of the right owner.
14.3 Should individual provisions of this contract not be legally effective in whole or in part or lose their legal validity later, this shall not affect the validity of the remainder of the contract.
14.4 Exclusive place of jurisdiction is Heinsberg. Germany, or another legal place of jurisdiction at the option of ArduinoClub, if the customer is a merchant within the meaning of the German Commercial Code or a public corporation.
14.5 Online dispute resolution for consumers
Online settlement of disputes pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ .
We are obliged to settle disputes with consumers. Consumers can contact the following consumer arbitration board for this purpose:
General consumer arbitration board of the center for arbitration registered association, Straßburger Str.8, 77694 Kehl, www.verbraucher-schlichter.de.