General terms and conditions
1 SCOPE / GENERAL
The AureusDrive online shop (aureusdrive.be/aureusdrive-bv-shop/) is the online shop of AureusDrive, a brand of AureusDrive BV, Lange Lozanastraat 142 in 2018 Antwerp. The offer of the AureusDrive shop is limited to the territory of Belgium, the Netherlands and Luxembourg.
Depending on the place of delivery, the offered assortment may differ.
These General Terms and Conditions (hereinafter referred to as GTC) apply to all services provided by AureusDrive AG.
This document is written in German. In case of discrepancies, translation errors or conflicts of interpretation between the German version and a translation, only the German version is legally binding and authoritative.
2 registration and ordering of goods
2.1 Order Placement / Conclusion of Contract
Orders are placed online via AureusDrive BV’s Internet order page.
Bestellingen kunnen tot maximaal 14 dagen voor de gewenste leverdatum worden geplaatst. Customer orders are confirmed by email. A contract between the customer and AureusDrive is only established with this order confirmation. AureusDrive is free not to accept an order – for whatever reason – and to refuse to confirm it.
With the order, the customer confirms the accuracy of all information provided by him.
2.2 Quantity limitations
In any case, AureusDrive reserves the right to limit the delivery quantity for certain products or, if necessary, not to deliver a certain product at all.
2.3 Changes and cancellation of orders.
Subsequent changes to orders that have already been confirmed are not possible. Cancellation of confirmed orders is not possible.
2.4 Incomplete fulfillment of the order
Delivering all ordered products in sufficient quantity and high quality is AureusDrive’s highest priority. However, in exceptional cases, for various reasons, sufficient goods may not be available or cannot be released for delivery.
If products are not available at the time of delivery, they will not be reshipped, nor will replacement items be provided. The effectively delivered quantity is indicated on the definitive delivery bill and on the invoice. The customer shall not be entitled to any real or compensatory damages in case of shortened or non-delivered quantities.
If an item is not delivered despite billing, the customer will be credited the corresponding amount in value. There will be no subsequent delivery and no claim for damages.
3 DELIVERY
3.1 Delivery of the goods
Goods are delivered directly to the delivery address and contact specified by the customer, or the goods can be picked up at an AureusDrive partner shop.
Depending on the range and place of delivery, delivery is made by AureusDrive’s personal delivery service or by various services provided by delivery partners. Delivery is made to the door of the home for individuals and to the reception/reception desk for business customers.
3.2 Delivery times and compliance with delivery terms
AureusDrive and its delivery partners do their utmost to meet the delivery deadlines. However, all delivery times announced by AureusDrive are for guidance only. Failure to meet the delivery deadlines does not give the customer the right to withdraw from the contract or claim damages. In the event that AureusDrive or our delivery partner should not be able to deliver an order confirmed by AureusDrive, AureusDrive will not be obliged to carry out the delivery otherwise. This does not entitle the customer to compensation for damages.
3.3 Delivery costs
The amount of the delivery fee depends on the delivery method, the order value minus any coupons / discounts. Depending on the assortment and delivery method, a minimum order value may apply.
Multiple delivery charges may apply when purchasing products with different shipping methods at the same time.
3.4 Delivery bill and invoice
Delivery bills and invoices are sent electronically whenever possible.
3.5 Deposit of supplies
For quality and safety reasons, AureusDrive strives to personally hand over the delivery of goods to the customer. If personal delivery is not possible during the agreed delivery time, the goods will be deposited at the front door.
With the handover of the goods, respectively the delivery of the goods to the front door, benefit and risk, in particular the risk of theft, third-party damage and environmental influences, pass to the customer.
Deliveries by the delivery partners to addresses without home delivery are deposited at the place where the parcel service deposits parcels for such addresses.
3.6 Cancellation of the delivery by AureusDrive
If the successful delivery is not possible or only possible under difficult circumstances for reasons for which AureusDrive is not responsible, e.g. wrong delivery address, absence of the recipient, missing access permit, bad weather or traffic conditions, etc., AureusDrive is entitled to cancel the order. Any claim by the customer for damages or real compensation is completely excluded.
4 PRICES and PAYMENT
All prices are in Swiss francs, including applicable value added tax.
Alle prijzen zijn in Zwitserse frank, inclusief BTW.
Bepalend zijn de prijzen zoals die op het moment van de bestelling op de website https://aureusdrive.be/aureusdrive-bv-shop staan vermeld.
AureusDrive is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on data of the customer to third parties for this purpose.
Invoices created electronically and delivered by e-mail. Invoices are to be paid within 10 days. Unauthorized deductions will be recharged. If payment is not made on time, an expense contribution of CHF 20 plus interest on arrears of 5% per annum will be charged. In the event of default of payment by the customer, AureusDrive is entitled to instruct third parties to collect outstanding payments and to assign the receivables to third parties in Germany and abroad. This is associated with costs for the customer.
5 GUARANTEE OF DATA COMMUNICATION
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. AureusDrive is therefore not liable for the constant and uninterrupted availability of the online store, nor for technical and electronic errors during a sales transaction, in particular for the delayed processing or acceptance of orders.
6 SPECIAL PRODUCT CONDITIONS
6.1 Buy AureusDrive Gift Certificates
For the purchase of AureusDrive Gift Cards, the corresponding T&Cs of AureusDrive additionally apply.
7 DISCOUNTS, REBATES & VOUCHERS
7.1 Actions
The promotions offered at AureusDrive correspond only limited for the respective AureusDrive sales channels.
In the case of promotions, the quantity that can be ordered per purchase may be limited.
7.2 Vouchers
At AureusDrive, only vouchers can be accepted on which AureusDrive is expressly mentioned as the place of redemption. Only one voucher can be redeemed per order, accumulation is not possible.
8 CUSTOMER SERVICE & COMPLAINTS
Customer service provides information and personal assistance with questions, problems or complaints regarding AureusDrive’s services.
AureusDrive BV
Lange Lozanastraat 142
2018 Antwerpen
Belgium
E-mail: info@hplus-mobility.com
Defects must be claimed immediately upon receipt of the goods. Otherwise, the goods are considered to be accepted by the customer without any right of return or exchange. Hidden defects must be reported to AureusDrive Customer Service immediately after their discovery.
9 GENERAL CONDITIONS
9.1 Data protection
Data collected will be treated confidentially and in good faith.
Upon initial contact, personal data such as name, first name, address, age and e-mail address are collected for business and marketing purposes. In addition, information is automatically collected from log files (computer log files) when the Web site is visited. AureusDrive distinguishes between master data (e.g., IP address, date and time of access, etc.) and motion data (e.g., name of called file, click path, etc.). This data is anonymized and statistically analyzed, for example to determine the number of visits to the portal on a given day.
In addition, any data transmitted by you (e.g. name, searches, form data, etc.) may be stored even if they are not part of a completed transaction (e.g. booking/order). Details of your orders/purchases may be evaluated, but AureusDrive is not interested in the buying behavior of individuals. With targeted evaluations, AureusDrive forms target groups with which it can inform customers individually about offers and further services.
An e-mail with current news or special offers may be sent to the e-mail address provided at registration several times a year. The customer may unsubscribe at any time using the appropriate link in the footer of the email. AureusDrive uses Google Analytics, a web analytics service provided by Google Inc. Google Analytics uses so-called “cookies” to evaluate the use of the website and compile reports on website activity.
If you have chosen a PickPost office as your delivery address, we will pass on your data (name, first name, address) to Swiss Post. This data transfer is necessary so that Swiss Post can activate you for PickPost and so that we receive your personal PickPost customer number from Swiss Post. Swiss Post undertakes to treat your data confidentially, to use it exclusively for this purpose and not to pass it on to third parties.
In principle, no liability can be accepted for the security of data transmitted over the Internet. Data transmission is not encrypted. However, we automatically provide encryption for sensitive data.
9.2 Severability clause
If any part of these GTC is found to be unenforceable or invalid for any reason, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision will be replaced by a valid provision that most closely approximates the intent of the original provision.
9.3 Applicable law and competent court
Only Belgian law applies. All disputes in connection with these GTC shall be subject to the exclusive jurisdiction of the competent court in Belgium, unless expressly agreed otherwise.
10 DISCLAIMER
10.1 Content of online offerings
AureusDrive assumes no liability for the timeliness, accuracy, completeness or quality of the information provided. Liability claims against AureusDrive AG regarding damages caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will therefore be rejected unless it can be proven that AureusDrive acted with intent or gross negligence.
AureusDrive expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of the pages or the entire website without prior notice.
10.2 Product liability
All product liability is excluded if the products do not comply with the applicable regulations at the time of use, have been placed on the market as intended or have not been used properly in accordance with AureusDrive’s instructions.
Specifically, all liability claims are excluded in the following cases:
– If the vehicle has been technically modified without the manufacturer’s consent.
– Subsequent conversion/installation of non-compatible or non-original AureusDrive parts/components.
– Improper use/transportation.
– No inspection within a reasonable time.
– Improper maintenance (observe operating instructions), missing or incorrect setting(s) or worn parts.
– If damage to the products occurred due to weather conditions, the use of unsuitable cleaning agents, tools used such as pressure washers or additives, or as a result of damage after a previous fall.
– Use in races and competitions.
– Commercial rental.
– Misuse of the battery due to deep discharge (full discharge and not immediate recharge), prolonged non-use without recharge (> 3 months) and exposure to very high (> 40°C) or very low (< 5°C) temperatures. The same applies if the AureusDrive battery is charged with a non-original AureusDrive charger, the casing is opened or damaged, the battery is short-circuited or placed in water or cleaned with water.
Third party liability claims are excluded in any case. Should, despite all due care, a product defect occur, you are obliged to notify us immediately. In that case, we will investigate the defects and offer you a solution that meets the requirements of the EU product liability law as soon as possible.