Terms of service

General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for defects (warranty)
8. Redeeming promotional vouchers
9. Redeeming Gift Vouchers
10. Vouchers for Newsletter Signups
    
11. Applicable Law
12. Place of Jurisdiction
13. Code of Conduct
14. Alternative Dispute Resolution
15. Information on electrical and electronic (old) equipment
16. Information for Resellers
    

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Chuango AIOT GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the Seller in goods presented in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or

• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

Invoice: The payment period is 14 days from the dispatch of the goods/the ticket/or, in the case of other services, the provision of the service. The invoice terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.
Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. For more information on installment purchase, including the general terms and conditions and the European standard information for consumer credit, see https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
Immediately: Your account will be debited immediately after placing the order.
Direct debit: The debit takes place after the goods have been dispatched. You will be informed of the time by email. (Please only list those payment methods that you also offer.)

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user. General information about Klarna is available here: www.klarna.com. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If the "SOFORT" payment method is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.4 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.5 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:

https://chuango.de/policies/terms-of-service

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the dispatch of the goods/the ticket/or, in the case of other services, the provision of the service. The invoice terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.
Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. For more information on installment purchase, including the general terms and conditions and the European standard information for consumer credit, see https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
Immediately: Your account will be debited immediately after placing the order.
Direct debit: The debit takes place after the goods have been dispatched. You will be informed of the time by email. (Please only list those payment methods that you also offer.)
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user. General information about Klarna is available here: www.klarna.com. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

5) Delivery and Shipping Conditions

5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 5.4 Collection by the customer is not possible for logistical reasons. 5.5 Vouchers are given to the customer as follows:

• via download
• by email
• postal

6) Retention of Title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, reducing the liability period to one year does not apply

for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.

7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

8.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Redeeming Gift Certificates

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Vouchers for Newsletter-Signup

10.1 The Chuango 10% welcome voucher is an offer for new subscribers to the Chuango newsletter and entitles new subscribers to a one-time 10% discount on the entire order value. The subscription is concluded after completing the double opt-in process. The voucher is sent in a separate email after subscribing to the Chuango newsletter. If you have not received the voucher, please check your junk/spam folder.

10.2 Unsubscribing from the newsletter and re-subscribing does not entitle you to receive a welcome voucher. Providing multiple email addresses for the same customer account is also not permitted. Chuango reserves the right to refuse to redeem the voucher if there is suspicion of fraudulent registration.

10.3 The voucher cannot be combined with other vouchers and promotions and can only be used once in a single order process. The Chuango voucher cannot be used to purchase vouchers. It is not possible to subsequently apply the voucher to an order that has already been completed.

11) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

13) Code of Conduct

The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
The seller has submitted to the "Google Customer Reviews" guidelines, which can be viewed online at https://support.google.com/merchants/topic/7105962.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

15) Information on (waste) electrical and electronic equipment

The following information is aimed at private households that use electrical and/or electronic devices. Please note these important instructions in the interests of environmentally friendly disposal of old devices and your own safety.

15.1 Information on the disposal of electrical and electronic (old) devices and on the meaning of the symbol according to Annex 3 to the ElektroG. Owners of old devices must collect them separately from unsorted municipal waste. Waste electrical and electronic equipment must therefore not be disposed of as unsorted municipal waste and, in particular, does not belong in household waste. Rather, these old devices should be collected separately and disposed of via the local collection and return systems.

Owners of old devices must also separate old batteries and accumulators that are not enclosed by the old device, as well as lamps that can be removed from the old device without destroying them, before handing them in at a collection point.The latter does not apply if the old devices are separated from other old devices in accordance with Section 14 Paragraph 4 Clause 4 or Paragraph 5 Clauses 2 and 3 ElektroG as part of the opting by the public waste management authorities for the purpose of preparing them for reuse in order to prepare them for reuse .

The symbol according to Annex 3 to the ElektroG allows owners to identify old devices that are to be collected separately from unsorted municipal waste at the end of their service life. The symbol for the separate collection of electrical and electronic equipment represents a crossed-out wheeled bin.

15.2 Free take-back of old devices by distributors

Distributors (any natural or legal person or partnership that offers electrical or electronic equipment or makes it available on the market) are obliged to take back old electrical equipment from end users free of charge as follows:

a) Return/collection when purchasing a new device and delivery to a private household

When concluding a purchase contract for a new electrical or electronic device, the distributor is obliged to take back an old device of the same type that essentially fulfills the same functions as the new device free of charge.

If the location is a private household, the return will be made by picking it up free of charge. For this purpose, an old device of the same type of device with essentially the same functions can be handed over to the delivering transport company when the new device is delivered.

If the new device is sold exclusively using means of long-distance communication (§ 312c Para. 2 BGB), the following applies:

Old equipment of the same type and function can only be picked up free of charge if it is a Category 1 (heat exchanger), 2 (screens, monitors, devices with screens with a surface area of more than 100 square centimetres) and/or 4 (large devices). where at least one of the external dimensions is more than 50 centimeters).
If it is an old device from category 3, 5 and/or 6, there is no free collection and instead the following letter b) applies to the free return.

An overview of the device categories and the devices recorded in each case can be found here: https://www.gesetze-im-internet.de/elektrog_2015/anlage_1.html

b) Return when purchasing a new device and handing it in elsewhere/returning small devices

When concluding a purchase contract for a new electrical device that is not delivered to private households and when selling a new category 3, 5 and/or 6 device exclusively using means of distance communication (§ 312c Para. 2 BGB) with delivery to private households Households have the option of returning an old device of the same type, which essentially fulfills the same functions as the new device, to the distributor free of charge.

Regardless of the purchase of a new electrical or electronic device, the same option also exists for old devices that are no larger than 25 centimeters in any external dimension. In this case, the possibility for the end user to return the device to the distributor is limited to 3 old devices per device type.

In the case of distribution exclusively using means of long-distance communication (§ 312c Para. 2 BGB), the return takes place under the above-mentioned conditions

of old devices of categories 3, 5 and/or 6
of old devices that are not larger than 25 centimeters in any external dimension,

through suitable return options at a reasonable distance from the respective end user.

Otherwise, the return takes place at the place of delivery or in the immediate vicinity.

If you, as an existing end customer, want to return your old Chuango devices when purchasing a new electrical or electronic device from us, please contact our support center at support@chuango.de. We will contact you with the appropriate return information.

15.3 Notes on the options for returning old devices

Owners of old devices can return or collect old devices within the scope of the options set up and available by public waste disposal authorities, so that proper disposal of the old devices is ensured. It may also be possible to hand in electrical and electronic equipment there for the purpose of reusing the equipment. You can obtain more detailed information on this from the respective collection or collection point.

The following link gives you the option of displaying an online directory of collection and return points: https://www.ear-system.de/ear-index/collection-and-return-points

15.4 Privacy Notice

Some of the old devices to be disposed of contain sensitive personal data (e.g. on a PC or a smartphone), which must not get into the hands of third parties.

We expressly point out that end users of old devices are responsible for deleting personal data on the old devices to be disposed of.

15.5 Notice of our WEEE Registration Number

We are registered with the Stiftung Elektro-Altgeräte Register, Nordostpark 72 in 90411 Nuremberg, as a manufacturer of electrical and/or electronic devices under the following registration number (WEEE Reg. No. DE):

"DE92845195"

16. Information for Resellers

Chuango products purchased from this shop are intended for private, residential use only. Our delivery of our products to you does not automatically grant you the rights or title of an authorised reseller or installer of Chuango’s. Please do not make such false claims when owning and using our products. For potential B2B (business to business) collaboration and opportunities, please contact info@chuango.de or sales@chuango.com for further discussions and potentially written, signed agreements.