Terms and conditions

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Atera GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your 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 products in your shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.

4. Delivery conditions

4.1 Delivery area

We deliver within Germany.

4.2 Shipping costs

In addition to the stated prices, the Standard shipping Shipping costs of 6.95€ will be added.

4.3 Delivery options

We ship the products to the delivery address specified during the ordering process.

We only ship by mail. Unfortunately, pickup is not possible.

We do not deliver to packing stations.

5. Payment

5.1 Prices

The prices stated at the time of the order apply. These are total prices and include VAT.

5.2 Due date and late payment

The price is due upon conclusion of the contract unless a later date is specified in the following payment terms.

For consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage was less than the amount paid. This does not affect any further claims.

For entrepreneurs: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, plus a flat fee of €40. This does not affect any other claims.

5.3 Payment methods

The following payment methods are generally available in our shop.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.ATo pay via PayPal, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information can be found with the respective payment option and during the ordering process.

PayPal, PayPal Express
To pay the invoice amount using PayPal, you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. PayPal will process the payment transaction immediately after you place your order.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you grant PayPal a direct debit mandate. PayPal will inform you of the date your account will be debited (so-called prenotification). The account will be debited before the goods are shipped.

Purchase on account via PayPal
Purchasing on account via PayPal requires an address and credit check and is made directly to PayPal.

Purchase on account via PayPal and Ratepay
Purchases on account via PayPal require an address and credit check and are made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (“Ratepay”).

Shopify Payments
Shopify Inc. 151 O'Connor Street, Ground floor, Ottawa, ON, K2P 2L8, Canada

6. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

7. transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.

8. Warranty and guarantees

8.1 Liability for defects law

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

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

Restrictions on entrepreneurs

With businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty.

The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

Notice to merchants

Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

8.2 Warranties and customer service

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

Customer Service: If you have any questions or need support, we're here for you! By phone: Simply call +497561 983440. We're available Monday to Friday from 9:00 a.m. to 5:00 p.m. By email: Send us a message to info@atera.de. Wir We usually respond within 24 hours. By mail: If you prefer the traditional approach, send us letters to: Atera GmbH, Im Herrach 1, 88299 Leutkirch im Allgäu, Germany. Thank you for being part of the Atera family! We're ready to help you.

9. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

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

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.

10. Code of Conduct

We have submitted ourselves to the following codes of conduct:

IATF 16949, TISAX, DIN ISO 75302, DIN ISO 75303, DIN EN ISO 14001 (https://www.iatfglobaloversight.org/iatf-169492016/about/, https://enx.com/de-de/tisax/ , https://www.din.de/de/ueber-normen-und-standards/nutzen-fuer-den-verbraucher/verbraucherrat/ueber-uns/neue-normen-zu-dach-und-hecklasttraegern-wurden-veroeffentlicht-347912 , https://www.dinmedia.de/de/norm/din-75303/302935758, https://www.umweltbundesamt.de/themen/wirtschaft-konsum/wirtschaft-umwelt/umwelt-energiemanagement/iso-14001-umweltmanagementsystemnorm)

Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you here find.

Important NOTE: The online dispute resolution (ODR) platform will be permanently discontinued on July 20, 2025. Therefore, the submission of complaints on the ODR platform will be discontinued on March 20, 2025. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.

Should individual clauses of these Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.

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