| 1 |
Scope |
| 1.1 |
These Terms & Conditions of AMAC ("Vendor" below) apply to all of the Vendor's sales, goods and services that the Customer purchases from the Vendor via the Internet. Reference to the Customer's own Terms & Conditions is hereby rejected unless agreed otherwise. |
| 1.2 |
Customers within the meaning of No. 1.1 may be either consumers or business customers. A Consumer is any natural person who enters into a legal transaction for purposes outside his trade, business or profession. In contrast, a Business Customer is any natural person or legal entity or a partnership with legal capacity which enters into a legal transaction in performance of its business, profession or trade. |
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| 2 |
Conclusion of contract |
| 2.1 |
The product descriptions in the Vendor's online shop are invitations to make a purchase offer. A purchase contract does not come about until the Vendor issues an order confirmation, although no later than the time when the Customer accepts the goods unconditionally. |
| 2.2 |
Purchases are processed and contact maintained by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, in order that the e-mails sent by the Vendor to this address can be received. In particular the Customer must ensure, when using spam filters, that all the e-mails sent by the Vendor or its service providers for order processing purposes can be delivered. |
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| 3 |
Prices and payment terms |
| 3.1 |
The prices stated by the Vendor are retail prices, i.e. they include all the price components, including German VAT, which is itemised separately. The price components also include post and packaging, which are highlighted separately for the respective product description in the product range. Other price components are incurred in particular cases for cross-border deliveries, such as additional taxes (for example, if the purchase is made within the EU) and/or duties, such as Customs. |
| 3.2 |
Depending on what is agreed, the Vendor's invoices are payable as cash in advance, by debit or credit card (Visa, Mastercard). Deliveries outside Germany, with the exception of Austria, are only made against cash in advance or payment by credit card. Payments by debit or credit card are handled through the payment transaction company United Online Services GmbH. |
| 3.3 |
If cash in advance is agreed, payment shall be made within 7 (seven) days after conclusion of the contract. The date the money is received by the Vendor shall determine compliance with this time limit. In all other cases the purchase price becomes due after the goods have been delivered and invoiced. The purchase price is payable within 10 (ten) days after receipt of the first demand for payment without deduction, unless agreed otherwise. |
| 3.4 |
If payment is made by debit or credit card, the Customer shall reimburse the Vendor for any expenses incurred if payment is dishonoured, revoked or if a debit or credit card payment is reversed. This shall not apply if the Customer proves that the Vendor incurred a lower loss or none at all through the debit or credit card being dishonoured. |
| 3.5 |
Payments which discharge from liability may only be made directly to the bank account or giro account specified by the Vendor, or by cash-on-delivery to the parcel service. |
| 3.6 |
The Customer may only offset payment claims if the counterclaim is undisputed, established with legal effect or recognised by the Vendor. |
| 3.7 |
The Customer may only exercise a right of retention if the claims involved pertain to the same contractual relationship. |
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| 4 |
Conditions of delivery and shipping as well as transfer of risk |
| 4.1 |
Goods are usually delivered by carriers and to the delivery address provided by the Customer. In processing the transaction, only the delivery address provided in the Vendor's purchase handling shall be used. |
| 4.2 |
If it is not possible to make a delivery to the Customer, the latter shall bear the cost of the unsuccessful delivery. This shall not apply if the failure to deliver is beyond the Customer's control. |
| 4.3 |
In general, the risk of accidental loss or accidental deterioration in the sold goods is transferred when they are passed to the Customer or person entitled to receive them. If the Customer is a Business Customer (a Customer which acts in performance of its business, profession or trade; Section 14 BGB [German Civil Code]), the risk of accidental loss or accidental deterioration in the sold goods is transferred in distance selling when the goods are passed at the Vendor's place of business to an appropriate transportation person. |
| 4.4 |
All agreed delivery dates apply in respect of a Business Customer, subject to correct and punctual supply to the Vendor in cases in which the latter has concluded a specific substitute transaction and the unavailability is beyond its control. |
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| 5 |
Foreign transactions |
| 5.1 |
When making deliveries abroad, standard commercial clauses (e.g. "cif", "ex works", "fob", etc.), which have been included in the contract in accordance with the above-mentioned principles, shall be construed solely on the basis of the "International Commercial Terms" (Incoterms), as amended, published by the international chamber of commerce. To this extent the content of the respective Incoterms shall become an integral part of the contract. |
| 5.2 |
In respect of Business Customers the Vendor is only obliged to comply with foreign regulation relating to packaging, weighing and Customs if the Customer has provided precise relevant information in advance. |
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| 6 |
Reservation of title |
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The goods supplied by the Vendor remain the property of the Vendor until paid in full. |
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| 7 |
Liability for defects |
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The following provisions shall apply in the event that there is a defect in the purchased item. The following applies in derogation of such provisions: |
| 7.1 |
In the case of Business Customers |
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- an insignificant defect generally does not give rise to any right to claim damages for defects.
- for new goods, the period of limitation for defects is one year from transfer of risk.
- for used goods, rights and claims due to defects are generally excluded.
- the period of limitation does not start afresh if a replacement delivery is made within the scope of liability for defects
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| 7.2 |
In the case of Consumers, the period of limitation for the right to claim damages for defects is, |
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- for new goods, two years from delivery of the goods to the Customer.
- for used goods, one year from delivery of the goods to the Customer.
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| 7.3 |
In the case of Business Customers, the statutory periods of limitation for the right of recourse as defined in Section 478 BGB [German Civil Code] remain unaffected; this applies likewise for Business Customers and Consumers in the event of wilful neglect of duty and fraudulent concealment of a defect. |
| 7.4 |
It is also the case that, for Business Customers and Consumers, the above-mentioned limitations on liability do not refer to claims for compensation that the purchaser may assert under statutory provisions due to defects. No. 8 applies to such claims. |
| 7.5 |
If the Customer is a businessman as defined in Section 1 HGB [German Commercial Code], the commercial obligation to inspect and notify any defects shall apply to him in accordance with Section 377 HGB. If the Customer neglects this duty to notify any defects, the goods are deemed to be approved. |
| 7.6 |
A Customer who is a Consumer as defined in No. 1.2 is requested to complain to the delivery service about goods delivered with obvious transportation damage, and to notify the Vendor. If the Customer does not comply with this, it has no effect at all on his statutory or contractual right to claim damages for defects. |
| 7.7 |
If supplementary performance is provided by way of replacement delivery, the Customer is obliged to return the original goods within 30 days to the Vendor at his expense. The defective goods must be returned in compliance with statutory provisions. If, for the purpose of supplementary performance, the Vendor supplies a defect-free item, the Vendor may demand from the Customer compensation for usage in accordance with Section 346 Para. 1 BGB [German Civil Code]. This is without prejudice to any other statutory claims. |
| 7.8 |
Assignment of the Customer's right to claim damages for defects is precluded. |
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| 8 |
Liability |
| 8.1 |
The Vendor shall be liable on whatever legal grounds, without limitation, in the event of injury to life, body or health, in the case of wilful intent or gross negligence, fraud and warranty assurances, or if the liability arises due to mandatory statutory provisions, such as the Product Liability Act [Produkthaftungsgesetz]. |
| 8.2 |
In all other respects the Vendor shall be liable equally, on whatever legal grounds, as follows: |
| 8.3 |
Insofar as the Vendor is in negligent breach of a material obligation under the contract (cardinal obligation), the obligation to compensate for property damage is limited to the foreseeable average loss or damage that typically occurs. |
| 8.4 |
Insofar as the Vendor is in negligent breach of an immaterial obligation under the contract, the obligation to compensate is limited to the value of the order. |
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| 9 |
Backup |
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Proper data backup is the responsibility of the Customer. |
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| 10 |
Applicable law |
| 10.1 |
The law of the Federal Republic of Germany applies to all the legal relations of the parties, to the exclusion of legislation on the international sale of goods. |
| 10.2 |
If the Customer is a businessman, legal entity under public law or investment fund under public law, the exclusive place of jurisdiction for any and all disputes arising from this contract is the Vendor's place of business. The same shall apply if the Customer has no general place of jurisdiction in Germany or the EU, or the domicile or habitual place of residence are unknown at the time legal action is taken. This does not affect the capacity to appeal to the court at another statutory place of jurisdiction. |
