1.1 These General Terms and Conditions of Sale ("GTC") apply to all contracts concluded via the abien online store. The GTC apply regardless of whether the purchaser is a consumer, entrepreneur or merchant. The version valid at the time of conclusion of the contract and published on the abien website at www.abien-eu.com shall apply.
1.2 All agreements made between abien and the buyer in connection with the contract result from these terms and conditions of sale and the written declaration of acceptance by abien.
1.3 The GTC apply exclusively. Deviating terms and conditions of the purchaser shall only become part of the contract if and to the extent that abien expressly agrees to their validity.
2.1 The presentation of goods in the online store does not constitute a binding offer by abien to conclude a purchase contract.
2.2 By sending an order via the online store by clicking on the button "order with obligation to pay", the buyer submits a binding offer to enter into a contract. The buyer is bound to this contract offer for (1) week. This shall not affect the purchaser's right to revoke the order in accordance with Clause 3.
2.3 abien shall immediately confirm receipt of the order placed via the online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order. A contract is only concluded when abien declares acceptance either in writing (e.g. by order confirmation) or by delivery of the goods to the purchaser.
2.4 If delivery of the ordered goods is not possible, for example because the goods in question are not in stock, abien shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. abien will inform the purchaser of this immediately and refund any consideration already received without delay.
3.1 The buyer is entitled to a right of revocation in accordance with the statutory provisions if the buyer is a consumer. A consumer is a natural person who places the order neither in the context of a commercial nor a self-employed professional activity.
3.2 If a consumer makes use of his right of revocation in accordance with Section 3.1, he shall regularly bear the costs of the return shipment.
3.3 In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following
Right of revocation
Consumers have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the goods.
In order to exercise the revocation, abien, (abien Europe GmbH, Schorner Str. 1a, 82065 Baierbrunn), , E-Mail: (contact@abien-eu.com), by means of a clear statement (e.g. a letter sent by post or e-mail) of the decision to revoke this contract. The attached sample revocation form can be used for this purpose, but is not mandatory. The sample revocation form or another unambiguous declaration can also be completed and submitted on the website www.abien-eu.com. If use is made of this option, a confirmation of receipt of such a revocation will be sent immediately (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that the notification of the exercise of the revocation is sent before the expiry of the revocation period.
If this contract is revoked, abien shall reimburse all payments received, including delivery costs (with the exception of additional costs resulting from the fact that a different type of delivery than the cheapest standard delivery offered was chosen), immediately and at the latest within fourteen days from the day on which abien receives notification of the revocation of this contract. The same means of payment that was used for the original transaction shall be used for this repayment, unless expressly agreed otherwise; in no case shall the consumer be charged any fees for this repayment. Repayment may be withheld until the goods have been received or until the consumer has provided proof that the goods have been returned, whichever is the earlier.
The consumer must return or hand over the goods to abien's Logistics partner
Eidex GmbH, Lager 2, Kühler Weg 1, 82065 Baierbrunn
mmediately and in any case within fourteen days at the latest from the day on which notification of the revocation of this contract is given. The deadline is met if the goods are dispatched before the period of fourteen days has expired.
The consumer shall bear the direct costs of returning the goods.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of the revocation policy -
4.1 abien reserves the right to make partial deliveries.
4.2 The delivery period is approximately five (5) working days, unless otherwise agreed. It shall commence - subject to the provision in Clause 4.3 - upon conclusion of the contract.
4.3 In the case of orders from customers whose place of residence or business is abroad or in the event of justified indications of a risk of non-payment, abien reserves the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If abien makes use of the reservation of prepayment, the purchaser will be informed immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
5.1 All prices quoted in the online store are gross prices including statutory VAT. If the goods are delivered outside the EU, taxes and customs duties may be incurred which are to be borne by the buyer.
5.2 The prices do not include any shipping costs that may be incurred. The shipping costs are indicated in the online store. The prices including VAT and applicable shipping costs are also displayed in the order form.
5.3 If abien fulfills an order in accordance with Clause 4.1 through partial deliveries, shipping costs are only incurred for the first partial delivery. If the partial deliveries are made at the request of the buyer, abien shall charge shipping costs for each partial delivery.
5.4 If the contractual declaration is effectively revoked by the consumer in accordance with Section 3, the reimbursement of costs already paid for shipping (shipping costs) can be demanded under the statutory conditions (see Section 3.3 for other consequences of revocation).
6.1 The purchase price and shipping costs must be paid within two (2) weeks of receipt of the invoice at the latest.
6.2 The purchase price and shipping costs are to be paid using the payment options specified in the online store. In the case of payment by credit card, abien shall arrange for the account to be debited at the earliest at the time stipulated in Clause 6.1.
6.3 The Purchaser is not entitled to offset against claims of abien unless the counterclaims have been legally established or are undisputed. The buyer is also entitled to offset against claims of abien if notices of defects or counterclaims from the same purchase contract are asserted.
abien retains title to the delivered goods until the purchase price has been paid in full.
8.1 abien is liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
8.2 Any seller's warranties given by abien for certain goods shall apply in addition to the claims for material defects or defects of title within the meaning of Section 7.1. Details of the scope of such warranties can be found in the warranty conditions, which may be enclosed with the goods.
9.1 abien is liable to the purchaser in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
9.2 In other cases, abien shall only be liable - unless otherwise regulated in Clause 8.3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Purchaser may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, abien's liability is excluded, subject to the provision in Section 8.3.
9.3 Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
abien holds the copyright to all images and illustrations published in the online store. Use of the images and illustrations is not permitted without the express consent of abien.
11.2 The law of the Federal Republic of Germany shall apply exclusively, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Munich is the place of jurisdiction for all disputes between the parties arising directly or indirectly from the business relationship. abien reserves the right, however, to also file suit at the general place of jurisdiction of the buyer.
Abien Europe GmbH November 2023
Kurt Schraudy, Managing Director