TERMS OF USE

allthingselectronics.com Terms and Conditions

Article 1: Definitions

The following terms are defined as:

  • Reflection Period: The time frame during which consumers can exercise their right to withdraw from a contract.
  • Consumer: An individual acting outside of any trade, business, craft, or professional activity.
  • Day: A calendar day.
  • Digital Content: Data created and provided in digital format.
  • Permanent Contract: An agreement for the regular delivery of goods, services, or digital content over a specified period.
  • Durable Data Carrier: Any medium (including email) that allows information to be stored for future reference or use, preserves it unchanged, and enables reproduction.
  • Right of Withdrawal: A consumer’s option to terminate a distance contract within the reflection period.
  • Entrepreneur: A natural or legal person offering products, access to digital content, or services to consumers remotely.
  • Distance Contract: An agreement between the entrepreneur and consumer concluded using organized remote communication technologies, without both parties being physically present simultaneously.

Article 2: Applicability

These Terms govern all offers made by the entrepreneur and all distance contracts with consumers.

  • Pre-contract availability: Consumers must receive these Terms before concluding the distance contract. If this is impractical, the entrepreneur will specify how to review the Terms and provide them free of charge upon request.
  • Electronic contracts: Before the contract is concluded, the Terms must be provided electronically to allow easy storage on a durable data carrier. If impractical, the viewing location will be indicated, and the Terms will be sent electronically or free of charge upon request.
  • Conflicting terms: If product or service-specific terms apply alongside these Terms, the above rules (on pre-contract and electronic availability) still apply. In case of conflicts, consumers may rely on the most favorable applicable terms.

Article 3: The Offer

Offers must include a complete, accurate, and detailed description of products, digital content, and/or services to allow consumers to assess them.

  • Images used must truthfully represent the offerings.
  • Obvious errors or mistakes in offers do not legally bind the entrepreneur.
  • Offers must inform consumers of their rights and obligations upon acceptance.

Article 4: Agreement Formation

  • Conclusion: The agreement is formed when the consumer accepts the offer in accordance with specified conditions, unless otherwise stated.
  • Electronic Acceptance: The entrepreneur must immediately confirm receipt of electronic acceptance. The consumer may withdraw their acceptance until this confirmation is received.
  • Electronic Security: The entrepreneur must implement appropriate technical and organizational security measures for data transmission and payments.
  • Consumer Assessment: The entrepreneur may legally verify the consumer’s ability to pay and relevant facts. They may reject orders or impose special conditions for performance on legitimate grounds.
  • Post-Conclusion Information: By the time of delivery (at the latest), the entrepreneur must provide, in writing or via a durable data carrier:
    a. The address for submitting complaints.
    b. Conditions and methods for withdrawal, or a clear statement that withdrawal rights are excluded.
    c. Warranty and after-sales service information.
    d. Total prices (including taxes, fees, delivery costs) and details of payment and delivery methods.
    e. Requirements for terminating indefinite or long-term (over 1 year) contracts.
    f. The model withdrawal form (if applicable).
  • Forward Transactions: The above post-conclusion information requirement applies only to the initial delivery.

Article 5: Right of Withdrawal (Products)

Consumers may withdraw from the contract within 14 days by emailing [email protected], without needing to state reasons. The entrepreneur may ask for reasons but cannot require them.

  • Withdrawal Period Start:
    a. Standard: The day after the consumer or their designated third party (not the carrier) receives the product.
    b. Multiple Products (Same Order): The day after receiving the last product.
    c. Multiple Shipments/Parts: The day after receiving the last shipment or part.
    (Note: Consumers retain the right to refuse split deliveries if they were notified of this possibility before ordering.)

Article 6: Pricing

Prices stated in offers remain valid for the duration of the offer, except if VAT rates change. All offer prices include VAT.

Article 7: Delivery & Performance

The entrepreneur exercises due diligence in accepting and fulfilling orders and assessing service applications.

  • The delivery address is the one provided by the consumer.
  • Orders must be fulfilled promptly, within a maximum of 30 days, unless otherwise agreed. If there are delays, partial fulfillment, or non-fulfillment, the entrepreneur must notify the consumer within 30 days. The consumer may then terminate the contract without charge and seek compensation.
  • Upon termination under the above, the entrepreneur must refund the consumer immediately.
  • Risk of damage or loss transfers to the consumer once the product is delivered to them or their designated representative (unless otherwise agreed).

Article 8: Complaints Procedure

The entrepreneur maintains a transparent complaints procedure.

  • Performance-related complaints must be submitted fully and clearly within a reasonable time after the defect is discovered.
  • Complaints will be addressed within 14 days of receipt. If a longer period is needed, the entrepreneur will acknowledge receipt and provide an estimated response time within 14 days.
  • Consumers must allow at least 4 weeks for mutual resolution of complaints before a dispute arises.

Article 9: Additional or Different Terms

Any additional or different terms must be recorded in writing or on a durable data carrier accessible to the consumer. These terms must not disadvantage the consumer.