General terms and conditions of business
1. Scope, definitions
The business relationship brought about between Andreas Magdanz (hereinafter referred to as "A. M. E-Shop") and the Customer (hereinafter referred to as "Customer") by purchase orders placed on this online shop is governed solely by the following General Terms and Conditions of Business as applicable at the time of ordering. You may consult these General Terms and Conditions of Business at any time by visiting http://www.andreasmagdanz.de/shop/agb.html and use your Internet browser to print them out or save them on your computer.
2. Formation of contract
Contracts of sale are entered into with the Andreas Magdanz E-Shop at http://www.andreasmagdanz.de/shop as follows:
Before you can purchase items from the online shop's range of products you must first register by selecting the New Customer or Proceed to checkout > "I am a new customer" option from the menu.
After successfully logging in, you can select products from the range of merchandise at http://www.andreasmagdanz.de/shop and place them in a shopping basket by clicking the "Add to shopping basket" button. Once in the shopping basket, you can select the quantity of the item you wish to order as well as add or delete items. Clicking the "Order" button submits a binding request to purchase the items in the shopping basket at the terms and conditions specified there. Before submitting your order, you can view, amend and delete the details of your order at any time. You can empty the shopping basket by clicking the "Delete" box followed by the "Update" button.
Before you can submit and send the order, however, you must first accept these terms of contract by clicking the "I accept your General Terms and Conditions of Business" to make them part of the order. Using your Internet browser, you can read, print or save the General Terms and Conditions of Business on your local computer at any time. These General Terms and Conditions of Business can also be displayed by going to http://www.andreasmagdanz.de/shop/agb.html.
After you submit your order, we will immediately e-mail you an automatic confirmation of receipt once again showing the details of your order that can be printed out using the "Print" option. A.M. E-Shop's General Terms and Conditions of Business are also attached to this e-mail. The automatic confirmation of receipt verifies that A.M. E-Shop has received your order but does not represent any acceptance of the request.
A contract of sale is only brought about once A.M. E-Shop has shipped the ordered merchandise to you, with a second e-mail confirming shipment (confirmation of shipment) no later than the time at which the merchandise is delivered to you.
No contract of sale is brought about for items ordered in one and the same order that are not shown in the confirmation of shipment.
The Internet shop appears in German. The wording of the contract is saved by A.M. E-Shop. Although you can no longer view the contract wording after ordering, the confirmation of shipment contains all of the contract's details.
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3. Right of cancellation by the consumer
If the Customer is a consumer, and if he or she entered a contract with the supplier by means of telecommunication only, in particular by telephone, e-mail or fax, or through the supplier's website, that person shall be entitled to revoke his or her declaration of intention to enter the contract without stating reasons within fourteen days. This period shall commence no sooner than the day on which the merchandise is received even if the consumer has at that time already received written notice of his or her right of cancellation. If notice of the right of cancellation has not yet been received, the time limit within which the right of cancellation may be exercised shall be one month. Cancellation is effected by returning the merchandise to the supplier's address or by written declaration to the supplier. The timely despatch of cancellation or of the merchandise shall be sufficient to comply with the time limit. The right of cancellation does not apply to contracts for the delivery of audio and video recordings or of software once the consumer has broken the seal on the data carriers delivered.
Merchandise capable of being shipped by parcel must be returned to the supplier's address at our expense and risk. Notwithstanding this, the Customer shall bear the regular costs of return shipment if the gross purchase price of the item being returned does not exceed € 40.00 or, if the price is higher, the Customer has not yet rendered consideration or made part payment at the time of cancellation unless the merchandise delivered differs from that ordered. The Customer is responsible for making the merchandise suitable for shipment. The merchandise will not be collected from the Customer.
In the event that cancellation is effective, the supplier shall reimburse to the Customer any purchase price already paid. Insofar as the Customer is unable to return all or part of the merchandise received or only able to return all or part of the merchandise in a deteriorated state, compensation must be made for the loss of value even if such deterioration is the result of the merchandise being put to its intended use. The loss of value may be as much as the total purchase price. The Customer can avoid any loss of value in particular by not putting the merchandise into use in the way an owner of it would do and by refraining from any action that impairs its value.
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4. On-screen display
The images used for describing merchandise are example photographs. They do not give a true representation of the item in every case and are merely provided for the purpose of illustration. Depending on the screen being used, the way in which colours and sizes are displayed in particular may differ from those of the actual product. It is the description of the particular article that provides a true and accurate portrayal.
5. Data protection
We only collect Customer details for the purpose of handling contracts. This is done in observance of statutory requirements, in particular the Telemedia Act (TMG) and Federal German Data Protection Act (BDSG). Personal and usage information are only collected, processed or used if such is required for carrying out the transaction.
The Customer's details are not used for purposes of advertising, market research or opinion polls without the Customer's consent.
Further information on the nature, scope, place and purpose of collection, processing and use of personal data required for carrying out orders may be found in the Data Privacy Statement.
6. Delivery, availability of merchandise
Provided A.M. E-Shop accepts the Customer's order, arrangements will be made for the merchandise to be delivered as soon as the order is received. In the case of prepaid orders, merchandise will not be delivered until A.M. E-Shop receives the full amount whereby A.M. E-Shop does not reserve ordered merchandise until the time of receiving payment. If merchandise has sold out by the time payment is made in full and new merchandise needs to be ordered, A.M. E-Shop will immediately inform the Customer.
If A.M. E-Shop is not in a position to deliver ordered merchandise through no fault of its own because A.M. E-Shop's supplier fails to meet its contractual obligations, A.M. E-Shop shall be entitled to rescind the contract with the Customer. However, this right of rescission shall only exist if A.M. E-Shop has entered into a covering transaction (binding, timely order for a sufficient quantity of merchandise) with the supplier concerned and is not responsible either in any other way for failing to deliver the merchandise. In such an instance, A.M. E-Shop will immediately inform the Customer that the merchandise ordered is not available. Any consideration already rendered by the Customer will be reimbursed without delay.
In the event that A.M. E-Shop is prevented from meeting its delivery commitments through the occurrence of unforeseen events affecting A.M. E-Shop or its suppliers and A.M. E-Shop has been unable to avert such even by exercising the care reasonably expected of it under the circumstances, e.g. war, natural disasters and force majeure, delivery time will be extended by an appropriate period. A.M. E-Shop will immediately inform the Customer in this case too. This does not affect the Customer's statutory rights
7. Payment
All prices indicated on A.M. E-Shop's website include statutory value-added tax. The price also includes all other price components apart from shipping costs which are shown separately.
The applicable shipping costs as well as information on taxes and costs that are not charged by A.M. E-Shop will be brought to your notice in the course of the ordering process.
If you fail to make payment on time, interest on payments in arrears in the amount of 5% above the base lending rate of the European Central Bank will be payable as from the due date.
You may only make any offsets against a claim that is uncontested or recognised by declaratory judgment.
You may only exercise any right of retention if your counterclaim results from the same contractual relationship.
8. Reservation of title
The merchandise delivered shall remain the supplier's property until such time as payment is made in full.
9. Warranty in respect of material defects
The supplier shall be liable for material defects under the applicable statutory provisions, in particular Sections 434 ff of the German Civil Code (BGB). Items delivered by the supplier to entrepreneurs are covered by a warranty of 12 months only.
10. Liability
The Customer shall not be able to make any claims for damages. This does not include damage claims on the part of the Customer arising from harm to life, limb or health, or from any fundamental breach of contract (material contractual obligation), nor does this include liability for other loss resulting from any wilful or grossly negligent dereliction of duty on the part of the supplier, its legal representatives or vicarious agents. Fundamental contract obligations are those that must be met in order to achieve the object of the contract.
In the event of any fundamental breach of contract, the supplier shall only be liable for any foreseeable loss typical for the type of contract if such has been caused by simple negligence unless this concerns damage claims on the part of the Customer that arise from harm to life, limb or health.
The restriction set forth in paragraphs 1 and 2 shall also apply in favour of the supplier's legal representatives and vicarious agents if claims are made against them directly.
The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
11. Final clause
If the Customer is a trader, legal person under public law or special fund under public law, the legal venue for all disputes arising from the contractual relationship and between the Customer and the supplier shall be the place at which the supplier has its registered office, this being Aachen.
The legal invalidity of one or more provisions of this contract shall not affect the validity of the remaining provisions of the contract.
Effective: 14-12-2009
