General terms and conditions of business
- 1 Validity, definitions of terms
(1) FAA top product eCommerce UG, Nöhag 1, 84339 Unterdietfurt, Germany (hereinafter referred to as “we” or “Rise of Smart”) operates an online shop for goods under the website https://www.riseofsmart.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “Customer” or “You”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is equipped with the ability to acquire rights and enter into liabilities.
- 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://www.riseofsmart.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop the following regulations apply: The customer submits a binding offer of contract by successfully completing the ordering procedure provided in our online shop. The order is made in the following steps:
- Selection of the desired goods,
- Adding products by clicking on the appropriate button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar)
- Check the information in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “Go to order overview” or similar),
- Input/check of address and contact data, selection of payment method, confirmation of the general terms and conditions and cancellation policy,
- Completion of the order by clicking the button “Buy now”. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.
(4) In the event of the conclusion of the contract, the contract with FAA top product eCommerce UG, Nöhag 1, 84339 Unterdietfurt, Germany, is concluded.
(5) Before the order, the contract data can be printed out or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation instruction, is carried out by e-mail after you have placed the order, partly automatically. We do not store the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
- 3 Subject of the contract and essential characteristics of the products
(1) With our online shop is subject of the contract:
- The sale of goods. You can see the concrete offered goods on our article pages.
(2) The essential characteristics of the goods are to be found in the article description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
- 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual types of payment, the payment claims shall be due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown to be free of shipping costs. The shipping costs will be clearly indicated again on the offers, in the shopping cart system if applicable and on the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, immediately ready for shipment (delivery time: [ place the value for default_delivery_time_text ] after receipt of payment).
(5) The delivery takes place worldwide.
- 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
- Section 6 Right of revocation
As a consumer you have a right of withdrawal. This depends on our cancellation policy.
- 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the case of slight negligence in the event of injury to life, body or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material and financial damage attributable to such default shall be limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.
- 8 Contract language
German is the only language of contract available.
- 9 Warranty/Customer Service
(1) The warranty is based on the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the items/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this naturally has no effect on your statutory warranty claims.
(4) Our customer service for questions, complaints and objections is available to you at email@example.com.
- 10 Closingrestrictions
(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.