| 1. General
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
€ 5.30.
As from an order value of € 70.00, Ampelmann GmbH delivers postage and
packing free within Germany.
Please see our list of delivery charges for despatch costs worldwide.
4. Right of revocation
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Revocation advice
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:
Ampelmann GmbH
Hackesche Höfe
Rosenthaler Straße 40-41
10178 Berlin
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 30 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.
End of the revocation advice
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5. Delivery
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.
7. Prices
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.
10. Warranty
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.
13. Miscellaneous
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. |
