Terms & Conditions
1. General
1.1 All deliveries and services of the User/Seller shall be subject exclusively to the following terms and conditions as amended from time to time.
1.2 The Buyer's/Customer's terms and conditions of purchase shall only be effective if they have been specifically agreed and confirmed in writing by the Seller.
1.3 Vendor identification:
The offer designated under the Internet address www.amberpickups.com is one of:
Fabian Wolter
Schillstr. 12a
D-18311 Ribnitz-Damgarten
Tel.: +49 (0) 3821-709377
Email:
info (at) amberpickups.com
Due to spam flooding, the email address is displayed as an image and must do without a hyperlink. Please use the contact form or type the address manually into your mail program. Here is the spelling for the visually impaired:
i n f o @ sign a m b e r p i c k u p s dot c o m
2. conclusion of contract
2.1 After sending the order, the customer will promptly receive a confirmation e-mail, which reflects the order and the final amount of the order, including transportation costs. Upon receipt of this confirmation, the order and the purchase contract with the customer become effective.
2.2 All product names are the property of the respective manufacturers. Licenses and authorizations for use are only transferred if this has been expressly agreed or results from the contractual relationship.
2.3 Product illustrations are partly exemplary illustrations and can deviate from the ordered/delivered products.
3. delivery / delivery reservation
3.1 Stock items are usually delivered on the next working day after receipt of the order or payment. If items have been ordered which are not in stock and have to be manufactured or ordered first, delivery will be made at the earliest one day after self-delivery or completion. Deliveries by the seller are always made under the proviso that the seller is supplied completely and on time and is not responsible for the lack of availability of the article. In any case, the Seller shall inform the Customer of the exact delivery date as soon as possible.
3.2 If a certain item or replacement item is not available from the manufacturer, the seller is entitled to refuse delivery in whole or in part. The seller will immediately inform the customer about the lack of availability.
3.3 The goods must be inspected for transport damage immediately after receipt by the customer or his representative. Any ascertainable transport damage must be reported in writing without delay. The customer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods.
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4. prices
4.1 All prices quoted by the Seller within its Internet offer are end customer prices in euros and include the statutory value added tax plus applicable postage and packaging costs.
4.2 Postage and packaging costs depend on the weight or size and value (transport insurance) of the goods. The exact shipping costs will be communicated upon order confirmation or upon request before delivery. This also applies to deliveries outside Germany.
4.3 The prices at the time of the order are always valid.
5. right of withdrawal / right of return
5.1 The seller grants the statutory right of return within 14 days from receipt of the goods, without the need for the customer to give reasons for the revocation / return, provided that he is a consumer within the meaning of §13 BGB and the purchase contract is subject to the Distance Selling Act pursuant to §312b BGB. The right of return is exercised by the timely return of the goods. Timely dispatch shall be sufficient to comply with the time limit.
5.2 The goods must be returned to the Seller in proper condition, without signs of use, in original packaging and free from third party rights.
5.3 The right of return does not apply to items that the seller does not have in stock and ordered at the customer's request or that were delivered or manufactured by the seller at the customer's express request.
5.4 In the case of a return from a delivery of goods whose total order value is up to 40 euros, the customer bears the cost of return if the delivered goods correspond to those ordered. Otherwise, the return is free of charge for the customer. The seller reimburses the usual shipping costs (according to the rates of Deutsche Post AG). Any further costs will not be reimbursed.
5.5 Shipments sent freight collect will not be accepted by the Seller and will be returned at the Customer's expense. Shipments must therefore be sufficiently franked in particular. Unfree shipments and deficiencies in the franking shall be deemed not to have been properly dispatched, and may therefore not be deemed to be in compliance with the time limit.
5.6 If damaged or defective items are returned, the Customer shall be liable to pay damages to the Seller.
5.7 If the contract has not been concluded with the inclusion of the Seller's offer list, the Customer has the right to cancel the contract within 14 days from receipt of the goods by sending a notice of cancellation in text form or by returning the goods. It is not necessary to give reasons. The timely dispatch of the revocation notice or the goods shall be sufficient to comply with the time limit.
5.8 Address for the return of the goods or the revocation is:
Fabian Wolter, Schillstr. 12a, D-18311 Ribnitz-Damgarten, Germany.
6. default of acceptance of the buyer
6.1 If the Buyer refuses to accept the ordered goods without prior revocation of the purchase contract, a handling fee of 15.00 EUR shall be due as handling fee plus postage and packaging costs per shipment. These costs will be charged separately to the buyer; the invoice will be due immediately without granting a period of payment.
7. retention of title
7.1 All goods delivered by the Seller shall remain the property of the Seller until the purchase price has been paid in full and all claims resulting from the business relationship have been settled in full (extended reservation of title).
7.2 A disposal of the goods subject to retention of title (e.g. by sale, pledging, transfer by way of security, donation, transfer for use) by the customer is not permitted under any circumstances.
7.3 Should the customer have made a disposal of the object of purchase in breach of the contract, the purchase price paid or to be paid or other services received or to be received by the purchaser shall take the place of the goods. The customer already now assigns to the seller all claims arising from a possible sale. The customer is not authorized to collect these claims. In the context of the assignment, the customer shall cooperate in disclosing the assignment to the acquirer and shall cause the acquirer to make payment or performance to the seller. With regard to the extended reservation of title (advance assignment of the respective purchase price claim), an assignment to third parties, in particular to a credit institution, is contrary to the contract and therefore inadmissible. The Seller shall be entitled at any time to examine the Customer's sales documents and to inform its customers of the assignment.
7.4 In the event of seizure of the goods at the Customer's, the Seller shall be informed immediately by sending a copy of the execution record and an affidavit that the seized goods are the goods delivered by the Seller and subject to retention of title.
7.5 The assertion of the Seller's rights arising from the retention of title shall not release the Customer from its contractual obligations. The value of the goods at the time of taking them back shall only be credited against the Seller's existing claim against the Customer.
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8. terms of payment
8.1 The customer shall pay for the goods in cash upon acceptance. In the case of mail order transactions, the customer may pay the purchase price by cash on delivery, by bank transfer in advance or via PayPal. Other payment methods require the express consent of the seller.
8.2 If payment by invoice was agreed, the purchase price payment is due in full upon delivery. The Buyer shall be in default of payment 7 days after the due date without any further declaration by the Seller, unless the Buyer has paid. In the event of the existence of defects, the Buyer shall not be entitled to a right of retention, unless this is in reasonable proportion to the defects and the anticipated costs of subsequent performance (in particular a remedy of defects).
8.3 If the customer is in default of payment, fees of Euro 5,- per reminder as well as interest on arrears in the amount of 8 % above the respective base interest rate announced by the Deutsche Bundesbank shall be charged. The buyer is allowed to prove that the damage is not higher than 5 percentage points above the base interest rate (§ 247 BGB). The seller is allowed to prove that a higher damage than mentioned in sentence 1 has occurred.
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9. Warranty / technical specifications / liability
9.1 The warranty period for the items sold by the seller is two years. The warranty period begins at the time of delivery. If the object of purchase is a used item, the warranty period shall be one year.
9.2 The Buyer is obliged to notify the Seller in writing of any material defects or defects of title within two months from the date on which the Buyer discovered such a defect. The defects shall be described in as much detail as possible for the Buyer. This provision shall not constitute a preclusion period for the Buyer's rights in respect of defects.
9.3 If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the warranty period shall be one year. The Customer shall be obliged to notify the Seller in writing of any obvious defects within a period of two weeks from receipt of the goods. After expiration of this period, the assertion of open defects is excluded.
9.4 Insofar as technical data are provided by the Seller, these are measured values which are subject to a customary tolerance; these data are therefore provided without warranty.
9.5 The Seller shall be liable in cases of intent or gross negligence on the part of the Seller or a representative or vicarious agent in accordance with the statutory provisions. Otherwise, the Seller shall only be liable under the Product Liability Act, for injury to life, limb or health, [or] for culpable breach of material contractual obligations [or insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item]. However, the claim for damages for the violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract. However, liability for damage caused by the delivery item to legal assets of the purchaser, e.g. damage to other property, shall be excluded altogether. The provisions of sentences 3 and 4 of this paragraph 1 shall not apply in case of intent or gross negligence or in case of liability for injury of life, body or health [or in case the Seller has fraudulently concealed the defect or has given a guarantee for the quality of the delivery item].
10. dispute resolution
10.1 The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. Wolfgang Damm, AmberPickups is not obligated and does not participate in any dispute resolution procedure in the sense of § 36 VSBG (Consumer Dispute Resolution Act).
11. other provisions
11.1 The place of performance for all obligations arising from the contractual relationship, including any warranty claims, shall be the registered office of the Seller. If the customer is a merchant, the sole place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the seller.
11.2 The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany.
11.3 The invalidity of individual provisions of the underlying contract, including the General Terms and Conditions, shall not affect the validity of the remaining provisions.
11.4 Declarations of any kind concerning the contractual relationship between the Seller and the Customer must be made in writing without exception. The written form is required in particular for the cancellation of the written form requirement.