For the business relationship between Ampelmann GmbH (hereinafter Ampelmann) and the customer, exclusively the following General Terms and Conditions of Business in their version valid at the time of the order shall apply. Contradictory or amplifying terms or terms of the customer which deviate from these Terms and Conditions shall only become a part of the contractual relationship with Ampelmann if Ampelmann expressly recognises the validity of such terms in writing.
2. Conclusion of the contract
The order submitted by you via Internet and received by us is a binding offer to conclude a contract of purchase. The customer must provide the details in full and correctly, and he undertakes not to enter any data of third parties. The receipt of the order will be confirmed immediately by Ampelmann by e-mail, whereby this acknowledgement of receipt does not represent any acceptance of the offer of the customer. The contract of purchase is only formed upon the receipt of the product ordered by you. The contract partner is Ampelmann GmbH.
Ampelmann does not offer any products for purchase by minors. Our products for children can likewise only be bought by adults.
Please note that we sell all products in normal household quantities only. This relates both to the number of products ordered within the framework of an order and also to the placing of several orders for the same product where the individual orders constitute a normal household quantity.
3. Delivery charges per order
The flat rate despatch charge for deliveries within Germany amounts to € 3.90.
As from an order value of € 20.00, Ampelmann GmbH delivers postage and packing free within Germany.
Please see our list of delivery charges for despatch costs worldwide.
4. Right of revocation
Right of revocation
You may revoke your declaration of contract in text form (e.g. letter, fax, e-mail) within two weeks without stating reasons or - if the item is provided to you before the expiration of this period - through the return of the item. The period of time begins to run following receipt of this advice in text form, however not prior to receipt of the goods by the recipient (in the case of recurrent delivery of goods of the same type, not prior to receipt of the first part delivery). In order to comply with the period for revocation, the timely despatch of the revocation or of the item is sufficient. The notice of revocation is to be sent to:
Consequences of revocation In the case of an effective revocation, the performances received on both sides are to be returned and, where applicable, any benefits derived therefrom (e.g. interest) are to be surrendered. If you are unable to return the performance received, either in whole or in part, or only in an impaired condition, you may have to pay compensation in this respect. In the case of the provision of goods, this shall not apply if the impairment of the item is exclusively a result of its examination - as would have been possible for you, for instance, in a store. Further, you can avoid the obligation to pay compensation for any impairment arising through having taken the item into use for its intended purpose by refraining from taking the item into use as your own property and refraining from anything which impairs its value.
Items capable of being sent as a parcel are to be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to those ordered and the price of the item to be returned does not exceed an amount of € 40,- or if, where the price of the item is higher, you have not yet paid the consideration or a contractually agreed part payment as at the time of the revocation. Otherwise, the return of the goods is free of charge for you. Items which are not capable of being sent as a parcel will be collected from you.
Obligations to reimburse payments must be fulfilled within 14 days. The
period of time commences for you with the despatch of your declaration of
revocation or of the item, for us upon its receipt.
Unless agreed to the contrary, the delivery will be made from the store to the delivery address stated in the order. Indications concerning the delivery period are non-binding except where, in exceptional cases, a binding commitment as to the delivery date has been given in writing.
In the case of the non-availability of an article, you will be informed immediately. Ampelmann GmbH undertakes in such case to reimburse any consideration received. Should you wish, we shall be pleased to inform you about a qualitatively equivalent alternative article comparable in price.
The statutory rights of the customer remain unaffected.
6. Reservation of title
The goods remain the property of Ampelmann GmbH up until payment in full.
All prices are quoted in Euros (EUR) and already include the respective statutory value added tax applicable of 19 % or 7 %. No possibility exists for the deduction of a prompt payment discount. Ampelmann GmbH assumes no liability for any mistakes in the quotation of the price. The costs of despatch are not included.
8. Due date and payment; Default
We regret that payment through the sending of cash or cheques is not possible. Ampelmann GmbH excludes any liability in the case of loss.
In the case of payment by direct debit, the customer must issue Ampelmann with an effective direct debit mandate. Ampelmann is authorised to instruct a third party with the collection of the amounts. The debit to the account shall then be made within one month following receipt of the order.
Ampelmann reserves the right to carry out a credit-worthiness check and, in the case of a negative credit-worthiness report as well as in the case of any reversal of a debit entry, to block this method of payment or the service for the customer. With the direct debit mandate, the customer issues Ampelmann with the authorisation to collect the corresponding amount from his specified giro account by means of direct debit. Should any payment initiated by direct debit not be carried out for reasons for which the customer is responsible, such as e.g. wrong details, revocation or insufficient cover on the originating account, the costs arising, up to an amount of € 25,-, will be passed on to the customer. The customer undertakes to notify any change of his account details without delay, and also to issue a direct debit mandate in the case of any change of account.
Should the customer fall into default with payment, Ampelmann shall be entitled to claim default interest in the amount of 5 % above the basic interest rate p. a. announced by the European Central Bank. Should Ampelmann provenly have suffered a higher amount of damage as a result of the default, Ampelmann shall be entitled to claim the same.
9. Set-off; Retention
The customer shall only be entitled to a right of set-off if his counter-claims have been judicially determined and are final and legally binding or if they are recognised by Ampelmann. He shall only be authorised to exercise of a right of withholding in so far as his counter-claim is based on the same contractual relationship.
Should articles delivered show obvious material or manufacturing defects, which also include damage incurred during transport, please notify Ampelmann GmbH of such defects immediately.
The failure to make such complaint does not, however, have any consequences in relation to your statutory claims. For all defects arising during the statutory warranty period to the goods purchased, the statutory claims to subsequent performance, to rectification of the defect /replacement apply at your option, and also - subject to the statutory pre-requisites - the further-reaching claims to a reduction in the price or cancellation of the contract as well as, in addition, to damages, including reimbursement of the damage in place of performance and also reimbursement of expenditure incurred in vain.
11. Data protection
All personal data is, as a basic principle, treated confidentially. The data necessary for the processing of the transaction is stored and possibly passed on to group companies (e.g. transport companies) within the framework of processing the order. Electronic data necessary for payment by credit card, in particular the credit card data itself, is not stored at any time. In processing the data, your interests which require to be protected are observed in accordance with the statutory provisions.
12. Exclusion of liability for other links
On its pages, Ampelmann refers to links with other pages in the Internet. For all these links the following applies: Ampelmann expressly declares that at the point in time of the introduction of the link, the pages correspondingly linked were free from illegal contents. It has no influence on the current or future lay-out or contents of the linked pages. Accordingly, Ampelmann expressly dissociates itself from all contents of all linked pages of third parties which have been changed after setting the link, and it does not adopt these contents as its own. This declaration applies for all links indicated and for all contents of the pages to which links lead, and likewise for the entries in our visitors' book. Solely the provider of the pages to which reference is made is liable for any illegal, erroneous or incomplete contents and, in particular, for any damage arising from the use or non-use of information of such kind offered.
Exclusively German law shall apply to the exclusion of the UN Convention on the International Sale of Goods.
Should any of the foregoing provisions be or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby. The ineffective provision shall be replaced by a substitute arrangement which as closely as possible corresponds to the purpose intended with the ineffective provision.