Terms & Conditions

The following General Terms and Conditions (GTC) govern the sale of products by Elias Stephan, Bergstraße 14, 63785 Obernburg am Main, Germany, phone: +49 17646740023, email: info@aceclips.shop (hereinafter referred to as the "Provider"), via the online shop at www.aceclips.shop.

§ 1 Scope

(1) These GTC apply to all contracts concluded between the Provider and private customers (within the meaning of § 13 of the German Civil Code, BGB) via the online shop at www.aceclips.shop. Orders from entrepreneurs, commercial operators, freelancers or commercial resellers are excluded.

(2) Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.

(3) The range of products offered includes: accessories.

§ 2 Conclusion of Contract

(1) The contract is concluded with the Provider: Elias Stephan, Bergstraße 14, 63785 Obernburg am Main, Germany.

(2) The language of the contract and of negotiations is German.

(3) Offers are directed at customers worldwide and are intended only for private customers.

(4) The customer must be at least 18 years old.

(5) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order. The customer submits a binding offer by going through the ordering process and finally clicking the "buy" button. Receipt of the order is confirmed by an automated email, which does not yet constitute acceptance of the offer. The purchase contract is only concluded through an express confirmation of acceptance by email or through the dispatch of the goods.

(6) Orders exceeding customary household quantities require the express consent of the Provider. This applies both to the number of products ordered within one order and to placing multiple orders for the same product.

(7) Order data is stored after conclusion of the contract and can be viewed in the customer login area.

(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices will be provided by email or in the customer account.

(9) Before submitting the order, the customer can review the entries (e.g. type and quantity of goods, delivery and billing address, payment method) at any time and correct them using the shopping cart functions and the "Back" button of the ordering process, before completing the ordering process by clicking the order button.

(10) The contract text is stored by the Provider after conclusion of the contract and is additionally accessible to the customer in the customer account after completion of the order.

(11) The Provider is not subject to any further codes of conduct within the meaning of Art. 246c No. 5 EGBGB.

§ 3 Prices and Shipping Costs

(1) All prices include the applicable statutory value added tax.

(2) The prices stated are subject to the respective shipping costs, unless expressly stated otherwise.

(3) It may happen that products in the online shop are inadvertently labelled with an incorrect price. In such a case, the Provider will contact the customer before shipping the goods to inform them that the actual price is higher and ask whether they wish to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the Provider will charge the lower amount and ship the product.

(4) The prices stated at the time of the order apply. If list prices are available, the list prices at the time of the order apply.

§ 4 Customs

(1) For orders delivered outside the European Union, import duties and taxes may apply, which are levied once the parcel reaches its destination. These additional charges must be borne by the customer; the Provider has no influence over these charges. As customs regulations vary from country to country, the customer should contact their local customs office for further information.

(2) For orders from abroad outside the European Union, the customer is regarded as the importer and must comply with all laws and regulations of the country in which they receive the products. The Provider points out that cross-border deliveries may be subject to opening and inspection by customs authorities.

§ 5 Payment Terms

(1) The purchase price is due upon conclusion of the contract. The customer may pay the purchase price using the payment methods indicated in the online shop.

(2) PayPal: After completing the order, the customer is redirected to PayPal, where they can initiate the payment. Shipping takes place after confirmation of receipt of payment.

(3) Credit card: The customer enters their credit card details during the ordering process. The amount is debited after the goods are shipped.

(4) SEPA direct debit: The customer grants the Provider a SEPA core direct debit mandate. Pre-notification of the debit is provided before the account is charged. Shipping takes place after collection of the invoice amount.

(5) Klarna: The customer may pay via Klarna by invoice or installments. The payment terms are set by Klarna.

(6) Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms the payment. The amount is debited after the goods are shipped.

(7) Google Pay: The customer enters their Google Pay details during the ordering process and confirms the payment via Google Pay. The amount is debited after the goods are shipped.

(8) When the goods are shipped, the invoice is sent by email or, if no email address has been provided, by post to the specified billing address.

(9) If the customer is in default of payment or a direct debit is returned, the Provider is entitled to claim damages caused by the default (e.g. reminder fees, default interest, chargeback fees).

(10) Payment by sending cash or checks is not possible.

§ 6 Retention of Title

(1) The delivered goods remain the property of the Provider until the purchase price has been paid in full.

(2) The customer is obliged to handle the goods with care during the period of retention of title. In particular, the customer must carry out all necessary maintenance and inspection work in good time and at their own expense.

(3) The customer must notify the Provider immediately in writing if the goods are seized or exposed to other interventions by third parties, so that the Provider can bring an action pursuant to § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not able to reimburse the Provider for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred by the Provider.

§ 7 Delivery, Cancellation and Shipping

(1) Unless otherwise stated in the offer, the delivery time is expected to be 14 working days. The Provider endeavours to meet the stated delivery times. If delivery times cannot be met, the customer will be informed immediately and any payments already made will be refunded.

(2) Unless otherwise agreed, delivery is made to the delivery address specified by the customer within Germany. Information on product availability can be found on the Provider's website. All information on availability, shipping or delivery times is non-binding unless expressly marked as binding.

(3) If during processing of the order it is determined that the ordered products are not available, the customer will be informed immediately by email or by message in the customer account. The customer's statutory rights remain unaffected.

(4) Delivery takes place depending on the payment method chosen by the customer. In the case of prepayment, delivery takes place after receipt of payment. For all other payment methods, delivery takes place after conclusion of the contract.

(5) If the order is shipped in several parcels, the customer may receive a separate shipping confirmation for each parcel. In this case, a separate purchase contract is concluded with regard to each shipping confirmation for the products listed in the respective shipping confirmation.

(6) The customer may cancel their order free of charge until the goods are shipped. After shipping, cancellation is only possible in accordance with the provisions on the right of withdrawal.

(7) Partial deliveries are permitted insofar as they are reasonable for the customer. Additional shipping costs shall only arise upon express agreement.

(8) If delivery of the goods fails due to fault on the part of the customer, the Provider reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer without delay.

(9) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider's supplier fails to fulfil its contractual obligations, the Provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.

(10) If delivery of the ordered products is delayed or made impossible by force majeure or other unforeseeable, extraordinary and non-culpable circumstances — such as natural disasters, war, strikes or official measures — the delivery periods shall be extended accordingly. The Provider will inform the customer immediately of the unavailability. In these cases, the Provider is entitled to withdraw from the contract. The customer will be informed of the withdrawal immediately and any payments already made will be refunded.

(11) The Provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed.

§ 8 Transport Damage

(1) If you receive the goods with obvious transport damage, please report such defects to the delivery agent immediately and contact us without delay.

(2) Failure to make a complaint or to contact us has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

§ 9 Warranty

(1) Warranty for private customers: If the customer is a consumer, the warranty is governed by the statutory provisions. In addition to their 30-day return guarantee, consumers in the EU have a statutory warranty right of two years from delivery of the goods.

(2) Used goods: For used goods, the warranty period may be shorter than two years.

§ 10 Liability

(1) If the customer is a consumer, liability is governed by the statutory provisions.

(2) The Provider's liability for contractual breaches of duty and for tort is limited to intent and gross negligence. This limitation of liability does not apply in the case of injury to the life, body or health of the customer, in the case of claims for the breach of essential contractual obligations (cardinal obligations) and for compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the Provider is liable for any degree of fault.

(3) In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those the fulfilment of which is necessary to achieve the purpose of the contract and on the observance of which the customer may regularly rely.

(4) The above exclusion of liability also applies to slightly negligent breaches of duty by the Provider's legal representatives or vicarious agents.

(5) The Provider assumes no responsibility for the content and accuracy of the information provided in the customers' registration and profile data as well as other content generated by customers.

(6) Claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body or health become time-barred after 30 years; all other claims for damages become time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor obtained knowledge of the circumstances giving rise to the claim and of the person of the debtor, or would have obtained such knowledge without gross negligence (§ 199 (1) BGB).

(8) The Provider is entitled to check texts and uploaded files created by customers for compliance with legal provisions and legal regulations. In the event of violations, the Provider reserves the right to remove such content in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.

§ 11 Data Protection

(1) The collection and processing of personal data takes place in accordance with the applicable data protection regulations. The Provider undertakes to treat customers' data confidentially.

(2) The customer has the right to obtain information about the data stored about them free of charge at any time, as well as to request its correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the Provider's privacy policy.

§ 12 Set-off and Right of Retention

(1) The customer is only entitled to set-off if their counterclaim has been legally established or is undisputed by the Provider.

(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 13 Special Provisions for Digital Products and Services

(1) Digital products are generally made available to the customer by download or by email. After receipt of payment, the customer receives the corresponding access data or download links.

(2) The statutory rights for defects apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. remedy of the defect or delivery of a defect-free product.

(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider assumes no liability for disruptions or damage attributable to inadequate technical requirements on the customer's side.

(4) For services that are not provided in the form of physical products or digital content, the statutory provisions of the service contract regulations (§§ 611 et seq. BGB) apply.

(5) The customer undertakes to provide all necessary cooperation actions in a timely and complete manner as part of the use of services. If the customer fails to fulfil this obligation, the Provider may charge for the additional work involved.

§ 14 Rights of Use for Digital Content

(1) With the purchase of a digital product, the customer receives a simple, non-transferable, unlimited right of use of the acquired content, unless otherwise agreed.

(2) The customer is not entitled to reproduce, distribute or make publicly available the digital content unless this is expressly permitted by contract.

(3) All copyrights remain with the Provider or the respective rights holder.

§ 15 User Account

(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep their access data (username and password) secure and protect it from access by third parties. The Provider is not liable for damages resulting from the misuse of the access data, unless the Provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may result in the blocking or deletion of the user accounts.

(2) The customer is obliged to update any changes to their personal data, in particular contact and payment data, immediately in the user account. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.

(3) The Provider reserves the right to block or delete the user account if there are indications of abusive use, if the customer violates these GTC, or if the customer has provided incorrect information during registration. The customer may request the deletion of their user account at any time. The Provider will delete the user account and all associated data without delay, provided that no statutory retention obligations conflict with this. After deletion of the user account, the customer can only create a new user account by re-registering.

(4) The Provider endeavours to ensure a high availability of the user account, but does not guarantee uninterrupted availability.

§ 16 Amendments to the GTC

Amendments to these GTC will be communicated to the customer by email at least four weeks before they come into force. If the customer does not object to the amendments within four weeks of receipt of the amendment notice, the amendments shall be deemed accepted. The Provider will specifically inform the customer of this legal consequence in the amendment notice.

§ 17 Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Elias Stephan, Bergstraße 14, 63785 Obernburg am Main, Germany, phone: +49 17646740023, email: info@aceclips.shop) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, 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 fees for this reimbursement. We may refuse the reimbursement 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 event no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct cost of returning the goods.

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To: Elias Stephan, Bergstraße 14, 63785 Obernburg am Main, Germany, email: info@aceclips.shop

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

_________________________________________________

Ordered on (*): _______________ Received on (*): _______________

Name of the consumer(s): _________________________________________________

Address of the consumer(s): _________________________________________________

Signature of the consumer(s) (only if this form is notified on paper): _________________________________________________

Date: _______________

(*) Delete as appropriate.

§ 18 Online Dispute Resolution and Participation in an Arbitration Procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. However, the Provider is always keen to settle any disagreements arising from a contract amicably.

§ 19 Final Provisions

(1) The language of the contract is German.

(2) The Provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or legal guardian.

(3) Should individual provisions of these GTC be or become invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

(4) Amendments or additions to these GTC must be made in writing. This also applies to the waiver of this written form requirement.

(5) The Provider reserves the right to make changes to the website, rules and conditions, including these GTC, at any time. The terms of sale, contract terms and GTC in force at the time of your order shall apply to your order, unless a change to these terms is required by law or official order (in which case they shall also apply to orders you have previously placed).

(6) There are no verbal collateral agreements. Amendments or additions to this agreement must be made in writing.