§ 1 Scope
(1) The following Terms and Conditions form an integral part of any contract between aer GmbH, Marxergasse 1B, 1030 Wien, Austria, and the customer.
(2) aer shall render its services exclusively on the basis of these Terms and Conditions.
§ 2 Conclusion of Contract
(1) The presentation of goods, in particular on the internet, does not represent a binding offer from aer.
(2) The customer may select from the offer as desired and place goods in the Shopping Cart using an “Add to cart” link. The customer may empty the Shopping Cart again at any time by setting the number of the selected products to “0”. The changes may be made using a mouse or keyboard. By clicking on the “CHECKOUT” button, customers are connected to a page on which they can register as customers if they do not yet have any login details, or they can log in as an existing customer. To do this, a user name along with a password and the contact details are entered. After completing registration and confirmation of the delivery address, the ordering process is concluded by clicking the “ORDER WITH CHARGE TO ACCOUNT” button. By submitting the order, the customer makes a binding offer to purchase the goods that are in the Shopping Cart and accepts these Terms and Conditions. The receipt of the order is displayed to the customer immediately after the conclusion of the ordering process.
We save your order and the order details that you entered.
(3) The customer is informed about the receipt of the order by e-mail. This does not represent a binding acceptance of the order. The contract is only entered into when a separate delivery confirmation is sent by e-mail or when the goods are shipped.
(4) The language used for concluding and handling this contract is English.
§ 3 Privacy Statement
(1) aer uses the data provided by the customer (name, address, e-mail address, telephone number, bank details, IP address, time of visit and geographic location) exclusively for the corresponding purpose and in compliance with the valid statutory provisions; any other use is solely with the customer’s explicit consent. The customer may object to the use of his/her data at any time.
(2) The customer explicitly agrees that aer may process the customer’s personal data as specified in the foregoing paragraph for the purpose of providing access to the contractual services (use of the website www.aer.com and, in particular, of the online shop in order to purchase aer products), to communicate with the customer (in particular to send newsletters to the customer), to analyse user behaviour and to process his/her order. For the purpose of contract performance, i.e. delivery, the customer’s personal data are shared with the forwarding agent where this is necessary for the delivery of the goods. The forwarding agent is also obliged to use the customer’s personal data exclusively in accordance with the provisions of applicable data protection legislation.
(3) The customer may however withdraw his/her declaration of consent at any time without specifying grounds by writing to aer (aer GmbH, Marxergasse 1B, 1030 Wien, email@example.com) whereby the further use of data by aer save for purposes necessary for contract performance shall become unlawful. In the event of a consent, the customer may at any time request details of the data stored by aer, alter them or have them erased and may withdraw his/her consent at any time.
§ 4 Delivery Terms / Delivery Costs
(1) Unless agreed otherwise in writing, the delivery shall be made ex stock. If the customer is a consumer, the shipping risk shall be borne exclusively by aer.
(2) Delivery will be effected within 5 working days whereby working days shall be Monday to Friday, with the exception of public holidays. The deadline shall begin with conclusion of the contract and may vary depending on the country and delivery method.
§ 5 Terms of Payment
(1) When paying with the payment method “Payment via PayPal”, the purchase price claim will be forwarded to PayPal (Europe) S.à rl et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (“PayPal”). The data required to process the payment will be made available to PayPal. For its own credit check, PayPal transmits data to credit agencies and receives information from them and, if applicable, creditworthiness information based on mathematical-statistical methods (probability values or score values). By choosing the aforementioned payment method, the customer agrees to the transmission of data to PayPal and the execution of credit checks. Further information on this and the credit agencies used can be found in PayPal’s data protection regulations, which can be viewed here.
(2) All prices include the legal sales tax.
(3) Unless otherwise agreed, all shipping costs, in particular packaging, transport costs, transport insurance and advertisements, are borne by the customer.
(4) For consumers, the statutory provisions on default of payment and/or reminder and collection charges shall apply.The exercise of aer’s other rights and claims remains unaffected.
§ 6 Reservation of Title
The goods shall remain the property of aer until payment has been received in full.
§ 7 Warranty
The legal warranty regulations apply. The warranty lasts for 24 months from the time of receipt of the purchased goods.
In the case that the customer is a commercial customer the warranty is limited to 6 months after the receipt of the purchased goods.
§ 8 Cancellation Policy
Right of Cancellation (this right shall not apply for commercial customers)
You as a consumer have the right to cancel this contract within fourteen days without specifying reasons for doing so.
The cancellation period is fourteen days from the date on which you or a third party named by you that is not a shipping agent has taken possession of the goods.
To exercise your right to cancellation, you must inform us,
To preserve the notification period, it is sufficient for you to send the notice of the exercising of the right of cancellation before the expiration of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we must refund to you all the payments that we have received from you, including the delivery costs immediately and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances shall you be charged any fees on account of this refund. When you pay with a gift voucher, any unused credit will be transferred to a new gift voucher.
We may refuse the refund until we have received back the goods or until you have provided proof that you have sent back the goods, whichever occurs first. You must send the goods back to us or hand the goods over to us immediately and in any event within fourteen days from the date on which you notify us of the cancellation of this contract. The deadline will have been met if you send the goods before the expiration of the period of fourteen days. You must pay the direct costs of returning the goods. You must only pay for any possible loss in the value of the goods if this loss in value can be attributed to actions that were not necessary for the purpose of examining the composition, properties and manner of functioning of the goods.
§ 9 Limitation of Liability
(1) With the exception of loss of life, physical injury and damage to health, aer shall only be liable for damages that are attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages, such as in particular lost profit.
(2) Apart from in the case of intentional or grossly negligent behavior or damages resulting from loss of life, physical injury and damage to health, the liability shall be limited to the damages that are typically foreseeable when the contract is concluded and shall also be limited in their amount to the average damages that are typical of the type of contract. This also applies to indirect consequential damages, such as in particular lost profit.
(3) The limitations of liability outlined in paragraphs 1 and 2 shall also apply analogously in favor of the employees and agents of aer.
(4) Claims for liability on the basis of the Austrian Product Liability Act remain unaffected.
§ 10 Final Provisions
(1) The law of the Federal Republic of Austria shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Regardless of the specific choice of law, consumers with a regular domicile outside of Austria may also resort to the law of the country in which they have their legal residence.
(2) Orders and subscriptions: the customer can submit the products displayed in our web shop without obligation by clicking a button in the shopping cart. The products can be removed by the customer at any time from the shopping cart. The order process can be canceled at any time by closing the browser window. Also, previously signed up subscriptions can be cancelled at any time by accessing the account page.