On the basis of these terms and conditions (AGB) the contract between the customer and
Represented by Anne Bauer
Address: Kauffahrtei 25 A 09120 Chemnitz
E-mail address: firstname.lastname@example.org
Commercial Register: Amtsgericht Chemnitz
Commercial Register Number: HRB 31263
Sales tax identification number: DE15724729
, hereinafter referred to as provider, comes into being.
These general terms and conditions (hereinafter referred to as "Terms") of Amate GmbH (hereinafter referred to as "Seller") apply to all contracts relating to the delivery of goods by a consumer or contractor (hereinafter referred to as "Customer") with the Seller in respect of Seller's in its Online Shop completes. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. For contracts for the delivery of vouchers these terms and conditions apply accordingly, unless expressly otherwise stipulated. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer. The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. The seller can accept the offer of the customer within five days,
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order. Before the order is placed on 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 thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. For the conclusion of the contract the German and the English language are available. The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.
Subject to termination, the contract has a term of 1 delivery. The total price is calculated from the following components: From the price of the ordered goods plus shipping and VAT.
The provider reserves the right to provide an equivalent in quality and price performance. The performance shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide in the case of unavailability of the promised service.
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
If the payment method "SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter " "SOFORT"). In order to be able to pay the invoice amount "SOFORT", the customer must have a PIN / TAN online banking account enabled to participate in "SOFORT", legitimize himself during the payment process and have the payment order vis-à-vis "SOFORT". to confirm. The payment transaction will be carried out immediately after "SOFORT" and the customer's bank account will be charged. Further information about the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment takes place in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his claim for payment. Secupay AG collects the invoice amount from the customer's credit card account. In the case of assignment, only secupay AG can be made debt-discharging. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries even when selecting the payment method credit card payment via secupay AG. to the goods, delivery time, dispatch, returns, complaints, revocation declarations and -zusendungen or credits.
The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
Pickup is not possible for logistical reasons.
Vouchers are given to the customer as follows:
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted the right to choose between a repair or a new delivery if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty is excluded for second-hand goods. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply. The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof.
Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period. Action vouchers can only be redeemed by consumers. Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher. Action vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible. Only one action coupon can be redeemed per order. The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller. If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference. The balance of an action voucher is neither paid in cash nor interest. The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of withdrawal. The action coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
Vouchers that can be purchased via the online shop of the seller (hereinafter "gift vouchers"), can only be redeemed in the online shop of the seller, unless the voucher says otherwise. Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date. Gift vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible. Only one gift certificate can be redeemed per order. Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates. If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference. The credit of a Gift Certificate is neither paid in cash nor interest. The gift certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods passes to the customer upon dispatch, with the delivery of the goods to the selected service provider. The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the ordering process. The customer can correct input errors in various ways - with the 'back', the 'change', the 'remove' and the 'edit' button.
Consumers are in principle entitled to a right of withdrawal. Further information on the right of revocation result from the cancellation policy of the seller. The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. By way of derogation, in the case of a contract for the regular supply of goods for a fixed period of time, the withdrawal period shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the first good or Has. In order to exercise your right of withdrawal, you must inform us (Amate GmbH, Kauffahrtei 25 A, 09120 Chemnitz, Germany, Tel .: +49 151 217 333 31, E-Mail: email@example.com) by means of a clear statement (eg. a letter or e-mail sent by post) informing you of your decision to cancel this contract. You can use the attached model withdrawal form, which is not required. You can also electronically fill out and submit the model withdrawal form or any other unequivocal statement on our website here (/documents/2/Muster-Widerrufsformular_Amate.docs). If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, excluding delivery charges, without undue delay and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of revocation does not exist in contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. The right of revocation expires prematurely in contracts for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
If you want to revoke the contract, please fill out this form and send it back. At Amate GmbH Kauffahrtei 25 A 09120 Chemnitz Germany E-Mail: firstname.lastname@example.org I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________________ _ Ordered on (*) ____________ / received on (*) __________________ __________________________Name of the consumer (s) ________________________________an address of the consumer (s) __________________________Description of the consumer (s) (only when notified on paper) ____________Date (*) Delete as appropriate
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address is outside the European Union at the time of conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.