§ 1 Scope, Definitions
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the
AB-Tools GmbH
Marsstraße 78
80335 Munich
Germany
Telephone: +49 89 38898588
Email: info@ab-smarthouse.com
Commercial Register: HRB 202859, Munich Local Court
Managing Director: Andreas Breitschopp
VAT ID No.: DE268720895
(hereinafter referred to as "Provider") concludes a contract via the online shop www.ab-smarthouse.com.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 of the German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).
(3) Any terms and conditions of the customer that deviate from these will not be recognized unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order (invitatio ad offerendum).
(2) The customer can place products in the shopping cart and complete their order via the order process. By clicking the "Place order" button, the customer submits a binding offer to conclude a purchase agreement for the goods in the shopping cart. Before submitting the order, the customer can view and change their entries at any time using the correction options provided in the order process.
(3) The supplier will confirm receipt of the order immediately by means of an automated email (order confirmation). This does not yet constitute acceptance of the offer unless acceptance is expressly stated therein.
(4) The contract is concluded when the supplier accepts the order by sending an order confirmation via email or dispatches the goods, whichever occurs first. The acceptance period is five days from receipt of the order; after this period has expired without acceptance, the offer is deemed rejected.
§ 3 Contract text, contract language
(1) The contract text (order details and terms and conditions) is stored by the provider and sent to the customer by email with the order confirmation. The terms and conditions can be viewed at any time at www.ab-smarthouse.com/agb/. Previous orders can be viewed by customers with a customer account in the login area.
(2) The language of the contract is German.
§ 4 Prices and shipping costs
(1) All prices quoted are final prices in euros and include the applicable statutory value added tax, if any.
(2) Any additional shipping costs will be displayed during the ordering process before the order is submitted and can also be viewed at www.ab-smarthouse.com/versandarten/. Shipping costs depend on the delivery country and the order value.
(3) For deliveries to countries outside the European Union, additional costs may be incurred (e.g. customs duties, import VAT, handling fees of the transport companies), which the customer must bear and which are not collected by the supplier.
§ 5 Payment Terms
(1) The customer may choose to pay using the payment methods displayed during the ordering process, currently:
- Direct bank transfer
- PayPal
- Credit card (processed via PayPal)
(2) The shop currently charges an additional fee at checkout for payments made via PayPal account („PayPal fee“); all payments except direct bank transfers are technically processed via PayPal, card details are not processed by the provider itself.
(3) The purchase price is due immediately upon conclusion of the contract, unless otherwise specified by the chosen payment method.
§ 6 Delivery, Delivery Times
(1) Delivery will be made to the delivery address specified by the customer in the delivery countries listed in the shop.
(2) Information regarding delivery times can be found with the respective product or at www.ab-smarthouse.com/versandarten/. For payments made in advance (direct bank transfer), the delivery period begins upon receipt of payment; otherwise, it begins upon conclusion of the contract.
(3) If the goods are not fully in stock for the quantity ordered, the supplier is entitled to make reasonable partial deliveries at his own expense.
(4) Reservation of self-supply: If the supplier has concluded a congruent hedging transaction and is not supplied by its own supplier through no fault of its own, it may withdraw from the contract. Any payments already made will be refunded immediately; the customer will be informed immediately.
(5) In the case of consumers, the risk of accidental loss or accidental damage to the goods passes to the consumer upon delivery – even in the case of distance selling. In the case of businesses, the risk passes to the consumer upon delivery to the carrier.
§ 7 Retention of Title
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
§ 8 Right of withdrawal
Consumers have a statutory right of withdrawal. Details can be found in the cancellation policy, available at www.ab-smarthouse.com/widerrufsbelehrung/.
§ 9 Warranty (Liability for Defects)
(1) The statutory warranty rights apply.
(2) In dealings with entrepreneurs, the limitation period for claims relating to defects in new goods shall be twelve months from delivery; this shall not affect special statutory provisions (§ 445b, § 478 BGB) as well as claims in cases of intent, fraud and in the cases referred to in § 11 of these General Terms and Conditions.
§ 10 Liability
(1) The provider shall be liable without limitation for intent and gross negligence, for damages resulting from injury to life, body or health, as well as under the Product Liability Act and to the extent of any assumed guarantee.
(2) In cases of simple negligence, the provider shall only be liable for damages resulting from the breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper performance of the contract and on which the customer may regularly rely — limited to the foreseeable damages typical for this type of contract.
(3) Otherwise, liability is excluded.
§ 11 Electrical appliances, batteries
(1) The supplier is registered with the stiftung elektro-altgeräte register (stiftung ear).
(2) Information on the return of old electrical and electronic equipment in accordance with the German Electrical and Electronic Equipment Act (ElektroG): Electrical and electronic equipment must not be disposed of with household waste (symbol of the crossed-out wheeled bin). Consumers are obliged to return it to suitable collection points.
(3) The devices offered do not include batteries/rechargeable batteries.
§ 12 Dispute Resolution
The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
§ 13 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Munich.
(3) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
As of August 8, 2026
