Terms of service

General Terms and Conditions

1. Scope of Application

The following Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

For businesses, these Terms and Conditions shall also apply to future business relationships without the need for renewed reference. Any conflicting or supplementary terms and conditions used by the business are hereby rejected unless expressly agreed to by us in writing.

2. Contract Partner, Conclusion of Contract

The purchase contract is concluded with AREA52 GmbH.

By listing products in the online shop, we submit a binding offer to conclude a contract regarding these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.

3. Contract Language, Storage of Contract Text
The language available for the conclusion of the contract is German.

We store the contract text and send you the order details and our Terms and Conditions by email. You can also view the contract text in your customer login area.

4. Delivery Conditions

Shipping costs are added to the indicated product prices. Further details regarding shipping costs can be found in the individual offers.

You generally have the option to collect your order from AREA52 GmbH, Thüngenfeld 4, 58256 Ennepetal, Germany, during the following business hours: Monday to Friday from 8:00 AM to 5:00 PM, excluding public holidays.

5. Payment

The following payment methods are generally available in our shop:

Advance Payment
If you choose advance payment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.

PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods through PayPal Services. You will be redirected to the PayPal website, where you can enter your payment information, confirm the use of your data by PayPal, and authorize the payment instruction to PayPal.

If you choose PayPal as your payment method, you must be registered with PayPal or register first and authenticate yourself with your login credentials in order to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. Further information is provided during the ordering process.

If you choose payment by credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and your verification as the legitimate cardholder, and your card will be charged. Further information is provided during the ordering process.

If you choose direct debit as your payment method, you do not need to be registered with PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction will then be carried out and your account debited. Further information is provided during the ordering process.

If you choose payment by invoice, you do not need to be registered with PayPal. After successful address and creditworthiness verification and submission of the order, we assign our claim to PayPal. In this case, payment can only be made to PayPal with debt-discharging effect. For payment processing via PayPal, in addition to our Terms and Conditions, PayPal’s Terms and Conditions and Privacy Policy apply. Further information and the complete PayPal Terms and Conditions for invoice purchases can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_EN .

Cash Payment upon Collection
You pay the invoice amount in cash when collecting your order.

6. Retention of Title

The goods remain our property until full payment has been made.
For businesses, the following additionally applies: We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale up to the invoice amount, regardless of whether the reserved goods are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

7. Transport Damage

For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery company immediately if possible and contact us without delay. Failure to make a complaint or contact us has no consequences for your statutory rights and their enforcement, particularly your warranty rights. However, it helps us assert our own claims against the carrier or transport insurance company.

For businesses:
The risk of accidental loss or accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and notify defects regulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed approved unless the defect was not identifiable during inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, statutory liability for defects shall apply. For consumers, the limitation period for defect claims regarding used goods is one year from delivery of the goods.
For businesses, the limitation period for defect claims is one year from the transfer of risk; statutory limitation periods for recourse claims pursuant to Section 478 BGB remain unaffected.
For businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed agreed characteristics of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered goods are defective, we shall initially provide warranty to businesses at our discretion either by remedying the defect (repair) or by delivering defect-free goods (replacement delivery).
The above limitations and reductions of time limits shall not apply to claims arising from damages caused by us, our legal representatives, or vicarious agents:

• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty or fraudulent intent
• in the event of breach of essential contractual obligations, the fulfillment of which is necessary for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is opened.

Information regarding any additional warranties that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

Customer Service: You can reach our customer service for questions, complaints, and claims on weekdays from 8:00 AM to 5:00 PM via email at support@area52-shop.de

9. Liability

We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives, or vicarious agents:

• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty
• in the event of guarantee promises, if agreed
• insofar as the scope of application of the Product Liability Act applies.

In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the fulfillment of which is necessary for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, liability shall be limited to the foreseeable damage typical for the contract at the time the contract was concluded. Otherwise, claims for damages are excluded.

10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/ . Consumers may use this platform to resolve their disputes.

To settle disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de . We will participate in dispute resolution proceedings before this body.