Terms and Conditions

§ 1 Scope of Application and Definitions

The following General Terms and Conditions as last amended at the time of order shall govern the business relations between abro retail GmbH & Co. KG, Nürnberger Str. 3-9, D-63110 Rodgau(hereinafter referred to as "Seller" or "abro"), and the customer (hereinafter referred to as "Customer") arising from transactions made in the abro Online Shop (www.abro.de). Any individual agreement made with Customer (including any supplemental agreement, amendment and/or modification) shall prevail over Seller's General Terms and Conditions.

§ 2 Conclusion of a Contract and Order Process

(1) Seller's web pages are just invitations to Customer to make an offer to enter into a purchase contract for the goods presented.


(2) Customer can select products from Seller's range of products and add them to a so-called basket of goods by clicking the button "Add to basket". If Customer clicks the button "Order now", he/she makes a binding offer to purchase the goods which are in the basket. Before sending the Order, Customer may view and change the Order by clicking the button "Proceed to checkout". Customer's offer to contract can only be completed and transmitted if Customer accepts these General Terms and Conditions by clicking the button "Accept GTC" which then form part of his/her offer. Goods will only be delivered in quantities suitable for an average household.


(3) Customer will automatically be sent an email message confirming receipt of the Order and listing the contents of Customer's Order, which Customer may print. This confirmation of receipt does not represent Seller's acceptance of the offer to contract but only proves that Seller has received the Order. The contract will not be concluded until Seller accepts the Order by separate email (Acknowledgement of the Order). Seller is entitled, but not obligated, to accept Customer's offer to contract within 14 days after Seller received it.

§ 3 Display on Website

The colours of the goods displayed on the website may deviate slightly due to technical reasons.

§ 4 Delivery, Period of Delivery, Availability of Goods

(1) Unless otherwise agreed, delivery is made to the delivery address provided by Customer.


(2) Seller shall inform Customer of the expected date of delivery in the shipping confirmation. Seller's delivery dates and periods of delivery are non-binding information unless Customer and Seller have explicitly agreed that they shall be binding.


(3) If the goods Customer has selected are not available at the time of order, Seller shall notify Customer in its Acknowledgement of the Order. In that case, Seller's acceptance of Customer's offer to contract shall be limited to the goods which are available. A contract for goods which are not available will not be concluded.


(4) After the goods have been delivered to the forwarding agent, Customer will automatically receive an email message confirming shipment of the goods and including a Track Link which allows Customer to track the shipment of the goods.

§ 5 Prices, Shipping Charges

(1) All prices quoted on the web pages include VAT then applicable.


(2) Seller informs Customer of the shipping charges as well as of any additional charges in the order form. Customer has to bear the charges.

§ 6 Delivery - Shipping Costs

(1) Standard shipping: abro delivers orders within Germany free of charge. For other European countries this flat-fee shipping charge is EUR 7.90.


(2) The delivery period will be extended upon the occurrence of industrial dispute, particularly strikes and lock-outs, and of unforeseen obstacles beyond the control of abro, including disruptions to business operations and delays in the supply of essential materials, insofar as such obstacles can be demonstrated to have a substantial impact on the delivery of the goods. This shall also apply to the occurrence of such circumstances at our sub-contractors. Abro shall also bear no liability for the circumstances described if they occur during an existing delay. Abro shall inform Purchaser as soon as possible of the beginning and end of such obstacles.

§ 7 Right to Exchange and Return Goods Free of Charge

All goods purchased in the abro eShop may be returned free of charge by Purchaser without specifying a reason by sending to the following address:


Nürnberger Str. 3-9
63110 Rodgau
Germany


If possible, the return address label (postage paid) enclosed with the order should be used for the return shipment. The returned goods must be in a condition corresponding to normal use in trying them on - as would have been possible in a shop, for example - and must have all original labels still attached. If goods are returned in a condition of deterioration consistent with use above and beyond this normal use, abro reserves the right to demand compensation.

§ 8 Transfer of Risks - Transport Damage

(1) If goods are supplied with visible damage to packaging or content, Purchaser shall complain immediately to the delivery agent and refuse acceptance of the goods, notwithstanding his/her warranty rights, and shall immediately contact the abro eShop by e-mail at eshop@abro.de, by calling the hotline +49 (0) 06106699637 or by another method (regular mail), to enable abro to exercise its rights against the delivery agent if applicable.


(2) Risk is transferred to Purchaser upon acceptance of the consignment.

§ 9 Retention of Title

Goods remain the property of abro until payment has been made in full.

§ 10 Instruction on the Right to Revoke

Right to Revoke

The customer is entitled to submit a written notice (e.g. by letter, fax or E-Mail) of withdrawal from a contractual agreement within 14 days without providing justifications, or – if the goods are delivered to the customer before the expiry of the period of notice – also to withdraw from the agreement by returning the goods. The period permitted for withdrawal from the contract begins upon receipt of this information in writing, but not before the goods have been delivered to the recipient (in the case of repeated deliveries of the same type of goods, not until receipt of the first partial delivery) and also not until after compliance with the requirements for the supply of information by the selling party in accordance with item 246 clause 2 in conjunction with clause 1 paragraphs 1 and 2 of the Introductory Statute for the German Civil Law Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB) as well as the duties of the selling party in accordance with clause 312g paragraph 1 sentence 1 of the German Civil Law Code (Bürgerliches Gesetzbuch, BGB) in combination with item 246 clause 3 of the EGBGB. In order to comply with the deadline for withdrawal from the contract, it is sufficient for the customer to send the withdrawal notice or to return the goods by the stipulated time. The withdrawal notice shall be sent as follows:


1.if the notice of revocation is sent in writing:
Abro retail GmbH & Co. KG
Nürnberger Str. 3-9
D-63110 Rodgau

2.if the notice of revocation is sent by email: eshop@abro.de

3.if the notice of revocation is sent by fax: +49 (0) 6106699614

4.if the offer is revoked by returning the goods:

Abro retail GmbH & Co. KG
Nürnberger Str. 3-9
D-63110 Rodgau


Consequences of Revoking an Offer to Contract

In the case of a correctly submitted and effective notice of withdrawal, each party shall reimburse the other party for any services it has received from that party, and if appropriate, shall provide compensation for the use made thereof. If the customer cannot reimburse the selling party in full for the services received and for the benefits thereof (e.g. the advantages gained through the use of the services), if the customer can do so only in part, or if the customer can return or provide replacement for the items only in an unsatisfactory condition, the customer shall to the appropriate extent provide financial compensation to the selling party. The customer shall provide financial compensation for the deterioration of the goods and for the benefits obtained therefrom only in so far as the wear or the deterioration may be attributed to a particular way in which the customer has handled the goods, which extends beyond the checking of the relevant characteristics and of the functions. The “checking of the characteristics and the functions“ refers to the testing and trying out of the related goods, for example in such a way as may be possible and usual within the context of retail business. Goods which are capable of being dispatched as packages shall be sent back and the cost of dispatched charged to abro, who shall accept all related risk. Goods which are incapable of being dispatched as packages shall be collected from the customer. All commitments to reimburse payments shall be implemented within 30 days. The related deadline begins for the customer at the time of the dispatch of the notice of withdrawal or of the goods, and for abro at the time of their receipt.

§ 11 Warranty

(1) The warranty given for any faults or defects in the goods purchased is subject to the statutory provisions. The period of limitation of any warranty claim is two years after delivery of the goods.


(2) Any deviation in quality, colour, size, finishing, or design, of the goods which is customary in the trade or cannot be avoided due to technical reasons lying in the material shall not constitute a fault or defect.


(3) Customer shall not have any warranty claim if he/she has modified the goods and any such modification has caused the fault or defect.

§ 12 Disclaimer of Liability for External Links

Abro has no influence on the contents of any links to other suppliers on this website and therefore cannot provide any guarantee or accept any liability for these contents. The respective supplier or site operator is always responsible for the contents of these sites. The linked sites were checked for possible statutory violations and infringements at the time of linking. Illegal contents were not visible at that time, but permanent surveillance of the contents of linked sites is unreasonable without specific reason to suspect a legal infringement. Such links are removed immediately if legal infringements are discovered.

§ 13 Applicable Law

German law shall apply exclusively with the exclusion of the UN Convention on the International Sale of Goods (CISG), even if Purchaser's place of residence is outside Germany.

§ 12 Complaints

Purchaser may address any complaints concerning the circumstances of formation of the contract or the method of its execution to:

Abro retail GmbH & Co. KG
Nürnberger Str. 3-9
6310 Rodgau
Germany

Telefon +49 (0)6106699637

E-Mail eshop@abro.de