Terms of service

1. Scope and Provider

These General Terms and Conditions (GTC) apply to every contract you conclude with us through our online shop at atoliovegas.com. We sell jewellery and watches to consumers.

The provider and your contracting party is:

• Atolio Vegas, owner Birhat Shahin
• Sutthauser Str. 206, 49080 Osnabrück, Germany
• Email: support@atoliovegas.de
• Phone: +49 1551 0572574

Our online shop runs technically on the Shopify platform. The only parties to your purchase contract are you and us.

Our offer is directed at persons who have reached the age of 18. If you are a minor, you may only order from us with the consent of your legal guardians.

These GTC apply worldwide. Sections 1 to 10, Section 12, Section 14, Sections 16 to 26 and Section 28 apply to all customers worldwide. The consumer protection provisions in Section 11 (right of withdrawal), Section 13 (statutory warranty) and Section 15 (liability) apply to customers whose habitual residence is in the European Union, the European Economic Area, the United Kingdom or Turkey. For customers whose habitual residence is outside those territories, the additional provisions in Section 27 apply.

The version of these GTC published on this page at the time of your order applies. Any differing terms of your own do not become part of the contract unless we expressly agree to them.

2. Conclusion of the Contract

The presentation of products in our online shop is not a binding offer. It is an invitation to you to place an order.

By clicking the order button at the end of the checkout you place a binding order for the products in your cart.

We confirm receipt of your order by email immediately. This confirmation of receipt does not yet constitute acceptance of your order. As a general rule the purchase contract comes into existence when we send you a separate shipping confirmation or when we dispatch the goods, whichever happens first.

For the individual payment methods the following applies in addition:

Shopify Payments (credit and debit cards as well as further local payment methods shown to you in the checkout): with your order you transmit the details of the payment method you selected. After your legitimation as the rightful holder we instruct the payment service to initiate the payment transaction and thereby accept your offer.

Klarna: you are redirected to Klarna and confirm the payment instruction there. After you have placed the order we instruct Klarna to initiate the payment transaction and thereby accept your offer. For pay later methods Klarna may carry out an identity and credit check under its own responsibility.

PayPal: you are redirected to PayPal and confirm the payment instruction there. After you have placed the order we instruct PayPal to initiate the payment transaction and thereby accept your offer.

Apple Pay and Google Pay: you confirm the payment in the wallet of your device. We then instruct the payment service to initiate the payment transaction and thereby accept your offer.

Shop Pay: you confirm the payment method stored there. We then instruct the payment service to initiate the payment transaction and thereby accept your offer.

Whichever comes first, the shipping confirmation or the acceptance described above, concludes the contract.

If we cannot accept your order, for example because an item is no longer available, we will inform you without undue delay and refund any amounts already paid in full.

We may decline an order for objective reasons, for example lack of availability, a justified suspicion of fraud or commercial resale, or where delivery to your country is not legally permitted. We do not decline orders on grounds that are impermissible under the German General Equal Treatment Act.

We may limit the order quantity per person, household or order. We show any such limit to you before you complete your order. Once we have accepted your order, we cannot release ourselves from it unilaterally.

We may correct typographical errors, inaccuracies and omissions at any time. If we have not yet accepted your order, we may decline it because of such an error. In that case we inform you without undue delay and refund any amounts already paid in full. If we have already accepted your order, the statutory rules apply, in particular our right to rescind for mistake under Section 119 of the German Civil Code (BGB).

3. Customer Account

You can order from us without creating a customer account. A customer account is voluntary and free of charge for you.

If you create a customer account, please give correct and complete details and keep them up to date. Please do not pass your login details on to third parties. If you suspect that a third party is using your account, please tell us at support@atoliovegas.de.

You can have your customer account deleted at any time and without giving reasons. An informal message to support@atoliovegas.de is enough.

We may terminate the customer account in text form giving 14 days' notice. For good cause we may terminate it or block it temporarily under Section 314 of the German Civil Code (BGB). Before a termination for good cause and before a permanent block we point out the reason to you and give you the opportunity to remedy it, as far as that is possible and reasonable in the circumstances.

The end of the customer account has no effect on purchase contracts already concluded. Your rights under those contracts continue to exist independently of a customer account and you can assert them even if you no longer have a customer account.

How we process the data of your customer account is set out in our privacy policy, see Section 24.

4. Prices and Shipping Costs

All prices in our shop are final prices and include statutory value added tax where it applies. The price shown to you in the checkout immediately before you complete your order is the price that applies.

Shipping is free worldwide. No shipping costs arise for any order, regardless of order value or destination country.

There are exceptions. If a return does not meet the conditions of Section 12 and of our return and refund policy, we send the item back to you at your cost; we tell you the amount before we ship and send the parcel only once you have confirmed it. On an exchange you bear the postage for sending the original item back. The first exchange of an order is free for the outbound shipment; for any further exchange of the same order we charge shipping of the new item under Section 12. If a parcel comes back to us because you did not collect it, refused it or gave an incomplete or incorrect address, Section 10 applies to any new shipment.

Price changes have no effect on orders we have already accepted.

For Promotions, Discount Codes, Bundle Offers and Gift Cards, Section 16 applies in addition.

5. Payment

The following payment methods are available in the checkout:

• Shopify Payments: credit and debit cards as well as further local payment methods shown to you in the checkout, for example Klarna or SEPA direct debit
• Klarna, for example pay later or pay in instalments, where that option is shown to you in the checkout
• PayPal
• Apple Pay
• Google Pay
• Shop Pay

The payment methods actually available are always the ones shown to you in the checkout. Which ones these are can differ by country, currency and device.

Payment is due when you place your order, unless something different is stated for the payment method you choose.

For the currency of payment and for refunds, Section 18 applies.

6. Delivery and Delivery Countries

We deliver worldwide. We currently deliver in particular to the member states of the European Union and of the European Economic Area, to the United Kingdom, to Switzerland, to Turkey, to the United States and to the states of the Gulf Cooperation Council, namely the United Arab Emirates, Saudi Arabia, Qatar, Kuwait, Bahrain and Oman, and to further countries shown in the checkout. The countries currently available are always the ones shown to you in the checkout when you enter your delivery address.

There are individual countries or regions we cannot deliver to for legal, logistical or transport related reasons. If we cannot serve the destination of your order, we inform you without undue delay and refund the full amount you paid.

The delivery times stated on the product page and in our shipping policy are estimates. They begin on the day after the contract is concluded, or in the case of advance payment on the day after you issue the payment instruction.

For products marked as pre-order, Section 17 applies in addition.

You are responsible for entering a complete and correct delivery address in the checkout.

7. Retention of Title

The goods delivered remain our property until they have been paid for in full.

The retention of title has no effect on the passing of risk under Section 8.

8. Passing of Risk

If you are a consumer, the risk of accidental loss and accidental deterioration of the goods passes to you only when the goods are handed over to you. This applies regardless of whether the shipment is insured.

If you are not a consumer, the risk passes when the goods are handed over to the carrier.

9. Transport Damage

If the goods arrive with obvious transport damage, please report the damage to the carrier and contact us at support@atoliovegas.de, ideally within 2 business days of delivery and with photos of the goods and of the packaging. Only within that period can we file the claim with the carrier.

This request is not an obligation for you. If you do not follow it, this has no consequences whatsoever for your statutory rights. It only helps us to pursue our own claims against the carrier.

Your statutory rights remain unaffected in every case, in particular the passing of risk under Section 8 and your warranty rights under Section 13.

10. Uncollected and Undeliverable Shipments

If a shipment is refused, is not collected within the carrier's storage period, or cannot be delivered because of an incomplete or incorrect address you provided or because you did not respond to a delivery notice, the parcel is returned to us. The carrier charges us for that return leg.

Where you are responsible for the return, you can choose. If you want the parcel sent out again, we bear the cost of the return leg and you pay only for the new shipment, as a flat rate: EUR 10.00 for Germany, EUR 15.00 for the rest of the European Union, and 10 to 18 USD for all other countries depending on the destination. If you prefer a refund, we deduct a flat rate of the same amount for the return leg. You remain free to show that we incurred no cost or a substantially lower cost.

Refusing a parcel or leaving it uncollected does not cancel your order and it is not a withdrawal. A withdrawal requires a clear declaration from you under Section 11. We refund the order only once the parcel is back with us, less the flat rate stated above.

If you tell us before the parcel has been dispatched, no cost arises for you.

Your statutory right of withdrawal under Section 11 remains unaffected. If you have declared your withdrawal, we refund under Section 11; the flat rate stated above then counts as the direct cost of returning the goods, which you bear under Section 11 in any event.

11. Right of Withdrawal

If you are a consumer with your habitual residence in the European Union, the European Economic Area, the United Kingdom or Turkey, you have a statutory right of withdrawal of 14 days. The period begins on the day on which you, or a third party named by you who is not the carrier, take possession of the goods. If your order contains several items that are delivered separately, the period runs from the day you receive the last item.

If your habitual residence is outside those territories, this statutory right of withdrawal does not apply to you. Instead we grant you the voluntary contractual right of return of 60 days set out in Section 12. Section 27 applies to you in addition.

To exercise your right of withdrawal you must inform us of your decision by a clear statement, for example by email to support@atoliovegas.de or, if you are in the European Union, by using the withdrawal button in the footer of our website. Sending the statement before the period expires is sufficient to meet the deadline. The full withdrawal instructions and the model withdrawal form are set out in our return and refund policy.

If you withdraw effectively, we refund all payments we received from you without undue delay and at the latest within 14 days of the day on which we received your withdrawal statement. We use the same means of payment you used for the original transaction, unless we expressly agreed otherwise with you. We may withhold the refund until we have received the goods back or until you have supplied proof that you have sent the goods back, whichever is earlier.

After you have declared your withdrawal you have 14 days to send the goods back to us. Sending them within that period is sufficient to meet the deadline. Please email us at support@atoliovegas.de with your order number and we will send you the return address. You bear the direct cost of returning the goods and pay the full postage. We deduct no fee of our own from your refund. If costs arise for us on the return leg, for example customs charges because the parcel was not declared as a returned purchase, we offset them against the refund.

You only have to pay for any diminished value of the goods where that diminished value results from handling the goods in a way that was not necessary to establish their nature, characteristics and functioning (Section 357a(1) of the German Civil Code (BGB)). During the withdrawal period you may examine the item as you would in a shop.

Within the statutory withdrawal period we take the goods back even if the conditions for the voluntary return under Section 12 are not met. If the item shows scratches, signs of wear or removed seals, we do not refuse the withdrawal. We then determine the loss in value under the preceding paragraph and offset it against your refund. The loss in value is the amount by which the value of the goods has actually been reduced by that handling. If the goods can no longer be sold as a result, the loss in value can correspond to the full purchase price. We substantiate the loss in value on request.

Refusing a parcel or leaving it uncollected is not a withdrawal. A withdrawal requires the declaration described in the third paragraph of this Section 11. For refused and uncollected parcels, Section 10 applies.

Under Section 312g(2) no. 1 of the German Civil Code (BGB) there is no right of withdrawal for goods that are not prefabricated and for the manufacture of which an individual choice or decision by you is decisive, or which are clearly tailored to your personal needs. This covers in particular every item we engrave or otherwise personalise for you. We point out this exclusion on the product page before you order.

12. Contractual Right of Return and Return Shipping Costs

In addition to the statutory right of withdrawal we grant you a voluntary contractual right of return of 60 days from receipt of the goods. This right of return exists alongside your statutory rights and does not limit them.

To register a return, email us at support@atoliovegas.de with your order number and the item concerned, within 60 days of delivery. We will then send you the return address. Once your return is approved, you have 14 days to hand the parcel to the carrier. If the parcel is not handed over within that time, we may refuse the return.

You bear the cost of returning the goods and pay the full postage. For a voluntary return and for a statutory withdrawal we do not offer free returns and we do not provide a prepaid return label. This does not apply where the goods are defective or where we sent you the wrong item: in those cases you receive a free return label and a replacement from us, see Section 13.

We deduct no fee of our own from your refund. If your return crosses a customs border, please mark the parcel as a returned purchase so that it clears customs without extra charges. If costs arise for us on the return leg, for example customs charges because the parcel was not declared as a returned purchase, we offset them against your refund.

Returned goods must be complete. For returns under the voluntary right of return we require the goods to come back unworn, unused, free of scratches and signs of wear, with tags and seals intact and complete in their original packaging with pouch and accessories. For watches the protective film must be intact and the movement must not have been started. Sets can only be returned in full. Engraved and made to order items are excluded from the voluntary right of return and from an exchange. For statutory withdrawal, Section 11 alone applies.

Every return is checked individually on arrival. Please allow up to 10 business days for that check. You receive an email from us as soon as the return has been approved. If a return does not meet the conditions of the preceding paragraph, we may refuse it. In that case we send the item back to you at your cost. We tell you the amount before we ship and send the parcel only once you have confirmed it. Section 11 remains unaffected: where a valid declaration of withdrawal has been made within the statutory period, we do not refuse the return.

We refund within 14 days of approval, to the payment method you used for the original order and in the currency of that order, see Section 18. We may withhold the refund until we have received the goods back or until you have supplied proof that you have sent them back, whichever is earlier. The same applies to incomplete returns.

Instead of a refund you can ask for an exchange within 60 days of delivery, as long as the item you want is available. The same conditions apply as for a return. If the new item costs more, you receive a payment link for the difference; if it costs less, we refund the difference. You bear the postage for sending the original item back, exactly as for any other return. For the first exchange of an order we then ship the new item to you free of charge. For any further exchange of the same order, shipping of the new item is charged as a flat rate: EUR 10.00 for Germany, EUR 15.00 for the rest of the European Union, and 10 to 18 USD for all other countries depending on the destination. If the item you want is unavailable, we refund.

For the voluntary right of return under this Section 12 the parcel travels at your risk until it reaches us. Please use a traceable service and keep your proof of postage. This does not apply to the statutory right of withdrawal under Section 11: there the return parcel travels at our risk once you have handed it to the carrier.

13. Statutory Warranty for Defects

If you are a consumer with your habitual residence in the European Union, the European Economic Area, the United Kingdom or Turkey, the statutory warranty for defects under Sections 434 et seq. of the German Civil Code (BGB) applies to all goods bought from us. The limitation period for claims based on defects is two years from delivery of the goods. We neither exclude nor shorten these rights.

If your habitual residence is outside those territories, the mandatory consumer protection law of your country of habitual residence applies to you alongside the voluntary guarantee under Section 14.

The information about a product on the product page and in the checkout forms part of the agreed quality of the goods. We are answerable for it under the statutory rules.

We take care to show the colours and images of our products as accurately as possible. Minor deviations in colour reproduction that result from the way your screen displays them are outside our control. Your statutory rights remain unaffected by this.

If the goods are defective you may, under the statutory rules, demand cure, withdraw from the contract, reduce the purchase price and claim damages or reimbursement of futile expenditure. Please contact us at support@atoliovegas.de. If the goods are defective or if we sent you the wrong item, you receive a free return label from us and a replacement. We bear the expenses necessary for cure, in particular transport costs, under Section 439(2) of the German Civil Code (BGB). Please report defects that are not obvious transport damage within 14 days of discovering them; this request is not an obligation and does not limit your statutory rights.

We provide the website itself and its functions free of charge and within the limits of what is technically possible. We cannot promise uninterrupted availability of the website. Our liability is governed by Section 15 and, for customers outside the European Union, the European Economic Area, the United Kingdom and Turkey, by Section 27.

14. Voluntary Guarantee

In addition to the statutory warranty we grant a voluntary guarantee for our products. Its conditions and its scope are set out on our guarantee page.

The voluntary guarantee is something different from the statutory warranty. It is an additional service from us. It exists alongside your statutory warranty rights under Section 13, it does not limit them and it does not replace them.

Your statutory warranty rights remain free of charge for you. You can assert them regardless of whether a case covered by the voluntary guarantee exists.

15. Liability

This Section 15 applies to customers whose habitual residence is in the European Union, the European Economic Area, the United Kingdom or Turkey. For customers whose habitual residence is outside those territories, Section 27 applies instead.

We are liable to you without limitation for damage arising from injury to life, body or health, for intent and gross negligence, for defects fraudulently concealed, for the assumption of a guarantee, and under the German Product Liability Act.

In cases of simple negligence we are liable only where we breach a material contractual obligation. Material contractual obligations (cardinal obligations) are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such cases our liability is limited to the foreseeable damage typical of this kind of contract.

Any liability going beyond this is excluded.

This liability provision also governs the liability of our legal representatives, our employees and our vicarious agents.

These provisions do not alter the statutory burden of proof to your disadvantage. Your statutory warranty rights under Section 13 and your rights as a consumer remain unaffected.

16. Promotions, Discount Codes, Bundle Offers and Gift Cards

Discount codes and promotions apply only for the period stated and only while stocks last. Unless expressly stated otherwise, discount codes cannot be combined with each other or with a bundle offer.

In a 3 for 2 promotion you add three products to your cart and the cheapest of them is free. If you add more than three products, the discount applies to the cheapest item in each group of three. Watches are excluded as the free item.

If you return the free item, no refund is issued, because you did not pay anything for it. If you return one of the paid items from a 3 for 2 order and keep the others, the refund equals the price paid for the returned item less the value of the free item at the time of purchase. An example in EUR: your cart contains items for 65.00 EUR, 60.00 EUR and 55.00 EUR, and the 55.00 EUR item is free; if you return the 60.00 EUR item, your refund is 60.00 minus 55.00, so 5.00 EUR. The same calculation applies in the currency of your order. If you return the entire order, you receive the full amount you paid. Your statutory right of withdrawal under Section 11 remains unaffected.

If a discount depended on a minimum order value or on buying a set of items, and you return part of the order so that the condition is no longer met, we recalculate the order without that discount and refund only the difference that remains.

Gift cards are sold as a digital code and sent to the email address given in the order. A gift card is valid for three years from the end of the calendar year in which it was bought. It can be redeemed on our website in one or more steps until the balance is used up. Gift cards cannot be exchanged for cash, we do not pay out a remaining balance, and a gift card cannot be reloaded.

Gift cards cannot be bought using a gift card, a discount code or any promotion, and they do not count towards a promotion such as our 3 for 2 offer. We cannot replace a gift card code that you pass on to someone else or that is redeemed without your consent, unless we are responsible for that.

Gift cards are not returnable. Our voluntary right of return under Section 12 does not apply to them, and once a code has been redeemed, in whole or in part, the redeemed amount is not refunded. Outside the European Union, the European Economic Area, the United Kingdom and Turkey a gift card cannot be cancelled at all. Your statutory right of withdrawal under Section 11 applies to the purchase of a gift card and ends 14 days after purchase: if you withdraw within that period and the code has not been redeemed, we deactivate the code and refund the amount you paid to your original means of payment. Where we cancel a gift card outside that period as a gesture of goodwill, we issue store credit and not a refund.

17. Pre-orders

Products marked as pre-order are not yet in stock. The expected shipping date stated on the product page is an estimate and may change.

Orders containing both in-stock items and pre-order items are shipped together once all items are available. If you want the in-stock items sooner, please place separate orders.

Payment for pre-orders is made when you place the order. Your statutory right of withdrawal under Section 11 and your right to a full refund remain unaffected.

18. Currency and Refunds

The transaction is processed in the currency you select in the checkout.

We always refund the amount we received, in the currency in which we received it. We issue refunds via the means of payment originally used. We do not charge you anything for this.

Differences caused by exchange rate movements or by fees charged by your bank or payment provider are outside our control.

19. Customs Duties and Import Charges Outside the EU

Deliveries outside the European Union can attract customs duties, import taxes and carrier processing fees. We bear those costs.

We ship on a Delivered Duty Paid basis. You therefore have nothing additional to pay on delivery.

If, contrary to the preceding paragraph, import charges are nevertheless invoiced to you on delivery, please contact us at support@atoliovegas.de with the receipt. We will refund those charges to you.

No customs duties and no import charges arise for deliveries within the European Union.

If you refuse acceptance of a shipment, Section 10 applies. For customs charges that arise on the way back when you return goods to us, Sections 11 and 12 apply.

20. Batteries, Waste Electrical Equipment and Packaging

Some of our watches contain batteries. Batteries must not be disposed of with household waste. You are legally obliged to return used batteries. You can hand them in free of charge at any municipal collection point, at any shop that sells batteries, or with us at the address stated in Section 1. Batteries containing harmful substances are marked with a crossed out wheeled bin together with the chemical symbol of the metal decisive for the classification: Cd for cadmium, Hg for mercury and Pb for lead.

Our watches are also electrical equipment and must not be disposed of with unsorted municipal waste. A separate collection system exists for waste electrical and electronic equipment. You can hand in old devices free of charge at your municipal collection point or send them back to us at the address stated in Section 1. Separate collection makes proper recycling possible, avoids harm to the environment and to health, and conserves natural resources.

21. Use of the Website and Impermissible Use

Using our website is free of charge for you. You may use the website and its content to visit our shop, to place orders and for ordinary private use.

When using the website you will refrain from the following:

• breaching applicable law or infringing the rights of third parties, in particular copyright, trade mark rights and personality rights,
• insulting, threatening or harassing other people or discriminating against them on grounds of gender, sexual orientation, religion, origin, age or disability,
• using malware or disrupting the operation of the website, for example by automated retrieval on a scale that noticeably burdens the website,
• circumventing security measures of the website,
• collecting personal data of other users or using it for advertising without their consent,
• deceiving others about your identity or using an email address that is not yours.

Our own content, in particular texts, product photographs, graphics and logos, is protected by copyright and trade mark law. Any use that goes beyond visiting the website, for example commercial re-use, requires our consent. Uses permitted by law remain unaffected, in particular the right of quotation under Section 51 of the German Copyright Act (UrhG) and private copying under Section 53 of the German Copyright Act (UrhG).

If you breach these rules substantially, we may remove the content concerned and block your access to the website or your customer account under Section 3. Before a permanent block we point out the breach to you and give you the opportunity to remedy it, as far as that is possible and reasonable in the circumstances. We do not block you because of a minor breach.

Your rights under purchase contracts already concluded are not affected by a block. We reserve no rights going beyond this. If we suffer damage through a culpable breach of duty on your part, the statutory rules alone apply. No indemnification obligation beyond that rests on you.

22. Content You Submit, Reviews and Images

You can send us product reviews, photographs, videos and other contributions or post them through our website. This is voluntary. There is no obligation to make a contribution, and no order depends on it.

If you post a contribution, you grant us a simple, non exclusive right of use in it. We may use the contribution in connection with the product concerned and with our shop, that is on our website, in our newsletter and on our profiles in social networks. For that purpose we may reproduce it, make it publicly available and adapt it in format and length, as long as the contribution is not distorted in meaning. We do not edit it in substance.

The right of use is granted free of charge because you post your contribution voluntarily and without a commission from us and because we use it only for the own purposes named above. Any exploitation going beyond this, in particular passing it on to third parties for their own advertising or a paid advertising placement using your image, is agreed with you separately and remunerated separately.

You may revoke this right of use towards us at any time with effect for the future. An informal message to support@atoliovegas.de is enough. After your revocation we remove the contribution from our own channels without undue delay. Printed material already distributed and copies that third parties made without our involvement are beyond our reach.

Your moral rights as an author remain unaffected. Your rights under Section 32 of the German Copyright Act (UrhG) also remain unaffected. We do not contract out of them.

By posting a contribution you assure us that you hold the necessary rights in it and that any people shown in it agree to publication. If you are unsure on any point, please do not post the contribution.

We do not shorten reviews in a way that distorts their meaning and we publish them regardless of whether they are positive or negative. We are not obliged to publish a contribution. We may remove contributions that are manifestly unlawful, that do not relate to a product or to your experience with us, or that contain third party advertising. If we become aware of an unlawful contribution, we remove it without undue delay. Apart from that, our responsibility for third party content is governed by Sections 7 to 10 of the German Digital Services Act (DDG).

We do not buy reviews and we do not make the publication of a review conditional on it being positive. We publish reviews only from customers who bought the product from us. The request for a review is sent automatically after delivery to the email address of the order. How we check this is stated where the reviews are displayed.

23. Third Party Content and Links

Our website contains links to third party websites, for example to payment service providers, to the shipment tracking of the carriers and to our profiles in social networks.

We have no influence on the content of those external pages. Under Sections 7 to 10 of the German Digital Services Act (DDG) we are not responsible for third party content as long as we have no knowledge of an unlawful act or of unlawful information. At the time the links were created, the linked pages were free of recognisable legal infringements. If we become aware of an infringement, we remove the link without undue delay.

This provision reproduces the statutory position. It does not extend our liability and it does not limit it. For our own breaches of duty we are liable under Section 15 and, for customers whose habitual residence is outside the European Union, the European Economic Area, the United Kingdom and Turkey, under Section 27.

If you conclude a contract on a third party website, that contract comes into existence solely between you and that third party. We are not a party to it. The third party's own terms apply to its services. Please address questions and complaints about it to that third party. Your purchase contract with us is not affected.

24. Data Protection

We process your personal data exclusively in accordance with the General Data Protection Regulation and the German Federal Data Protection Act. Which data we process for which purpose and on which legal basis, how long we store it and which rights you have is set out in our privacy policy. You will find it in the footer of this website.

These GTC govern the purchase contract. They are not a consent to any processing of data. Your agreement to these GTC is therefore not a consent within the meaning of Article 6(1)(a) GDPR. Where we need a consent, for example for our newsletter, we obtain it separately and expressly, and you can withdraw it at any time with effect for the future.

In all questions of data processing the privacy policy takes precedence over these GTC.

25. Dispute Resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.

If there is a problem with your order, please write to us first at support@atoliovegas.de. We will then look for a solution together with you. Your statutory rights and your access to the ordinary courts remain unaffected by this.

26. Contract Language and Storage of the Contract Text

The contract can be concluded in German, English, French, Spanish or Italian. The contract language is the language you selected in our shop.

The version of these GTC in the language you selected in our shop is the version that applies to your contract. Where the translations differ in meaning, the German version prevails for customers whose habitual residence is in Germany, and the English version prevails for all other customers.

We store the contract text and send you the order data together with these GTC by email. You can also view your orders in your customer account. You can call up, save and print these GTC on this page at any time.

27. Additional provisions for customers outside the EU, EEA, United Kingdom and Turkey

This Section 27 applies only to customers whose habitual residence is outside the European Union, the European Economic Area, the United Kingdom and Turkey. It does not apply to customers whose habitual residence is in one of those territories and it does not limit their rights in any way. For those customers Sections 11, 13 and 15 apply without the modifications set out here.

To the maximum extent permitted by applicable law, we provide the website and its functions on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all implied warranties in relation to the website and its functions, including the implied warranties of merchantability, fitness for a particular purpose, title and non infringement. This disclaimer covers the website and its functions only. It does not cover the goods you buy from us. For the goods, the voluntary guarantee under Section 14 and the mandatory consumer protection law of your country of habitual residence apply.

To the maximum extent permitted by applicable law, our total liability for any claim arising out of or relating to an order is limited to the amount you actually paid for that order.

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special or consequential damages, including loss of profit, loss of data and loss of goodwill.

Customers covered by this Section 27 have no statutory right of withdrawal under Section 11. Instead, the voluntary contractual right of return of 60 days set out in Section 12 applies to them. The details are set out in Section 12 and in our return and refund policy. You pay the return postage in full and we deduct no fee of our own from your refund. If costs arise for us on the return leg, for example customs charges because the parcel was not declared as a returned purchase, we offset them against the refund. The return address is not printed in the policy: email us at support@atoliovegas.de with your order number and we will send it to you.

Because no statutory right of withdrawal applies to you, the conditions in Section 12 apply to you from the first day. If a return does not meet those conditions, we may refuse it and send the item back to you at your cost. We tell you the amount before we ship and send the parcel only once you have confirmed it.

Nothing in this Section 27 excludes or limits any liability that cannot lawfully be excluded or limited under the law applicable to you. This includes liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation.

28. Final Provisions

These GTC and all contracts between you and us are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer with your habitual residence in another country, this choice of law does not deprive you of the protection afforded to you by the mandatory consumer protection provisions of the law of your country of habitual residence (Art. 6 Rome I Regulation).

If your habitual residence is outside the European Union, the European Economic Area, the United Kingdom and Turkey, German law applies to your contract as well. This applies without prejudice to any mandatory consumer protection provisions of the law of your country of habitual residence.

For consumers the statutory places of jurisdiction apply. We do not agree any deviating choice of court with you.

The version of these GTC published at the time of your order applies. We may change these GTC for future orders. A change has no effect on contracts already concluded. We do not treat your continued use of our website as consent to changed GTC.

Individual agreements we make with you always take precedence over these GTC (Section 305b of the German Civil Code).

Should any provision of these GTC be or become invalid, the contract remains effective in all other respects. The statutory provisions take the place of the invalid provision (Section 306(2) of the German Civil Code).

The best place for questions about these GTC is support@atoliovegas.de.