General terms & conditions

General Terms and Conditions of Business and Customer Information AMAZONAS GmbH, Gräfelfing, Germany

A) General Terms and Conditions of Business
§ 1 Fundamentals
1.1 These General Terms and Conditions apply to all contracts that you conclude with AMAZONAS GmbH, Am Kirchenhölzl 15, 82166 Gräfelfing, Germany via our online shop and/or our entrepreneurs’ portal. Unless otherwise agreed, the following terms and conditions apply exclusively; if you use your own terms and conditions, these are expressly rejected.
1.2 Insofar as the term consumer is used in the following, a consumer within the meaning of § 13 BGB [German Civil Code] is any natural person who enters into a legal transaction for a purpose that is not related to his or her commercial or self-employed professional activity. An entrepreneur on the other hand is any natural person or legal entity or partnership with legal capacity that carries out legal transactions in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract
2.1 In the case of entrepreneurs (commercial resellers, dealers, distributors)
2.1.1 The object of the contract is the sale of goods. Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
2.1.2 Rather, a binding offer to purchase is made when you order goods from us via the online shopping basket system. A binding purchase offer (order) on your part is made as soon as you have placed your order via the ‘Submit an order’ button.
2.1.3 After sending your order, you will first receive an automatic e-mail confirming receipt of your orders, which in itself does not yet lead to the conclusion of a contract. Rather, a contract is concluded when your order is confirmed by the provision of an order confirmation (e.g. in your customer account or by e-mail) within 3 working days after your purchase offer has been sent.
2.1.4 If your company is based outside Germany, you are obliged to provide us with a valid VAT registration number. If this does not happen, the AMAZONAS GmbH assumes that the orderer is a private person or an entrepreneur who has not been issued a VAT number or who is not ordering for his company.

2.2 In the case of consumers (end-customers)
2.2.1 The object of the contract is the sale of goods. Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
2.2.2 Rather, a binding offer to purchase is made when you order goods from us via the online shopping basket system. A binding purchase offer (order) on your part is made as soon as you have placed your order via the ‘send order’ button.
2.2.3 After sending your order, you will first receive an automatic e-mail about the receipt of your order, which in itself does not yet lead to the conclusion of a contract. Rather, a contract is concluded when an automatic e-mail with the specific shipping details of your order, including the tracking number of the parcel service, is sent to you within 3 working days at the latest. In the case of shipping orders via a freight forwarding service (pallet shipping), no automatic dispatch of a tracking number takes place; in this case, the conclusion of the contract is binding from the date of loading of the order.
If you do not receive a message to this effect within the period of 3 working days, you are no longer bound by the order. Any payments already made will in this case be refunded immediately.

§ 3 Prices and modalities of payment

3.1 In the case of entrepreneurs (commercial resellers, dealers, distributors)
3.1.1 Our prices are stated in the respective offers. Shipping costs, if any are incurred, will be shown separately; at the latest, however, on the order overview prior to the order requiring payment. In exceptional cases, shipping costs, e.g. for freight forwarding deliveries, may only be disclosed after exact calculation of the volume and weight.
3.1.2 The shipping costs incurred are not included in the purchase price as shown in the offers listed by us. These are shown separately for standard deliveries with parcel service providers in the course of the ordering process, and are to be borne by you in addition to the offer price, unless free delivery has been agreed.
3.1.3 Unless otherwise stated, the payment claims arising from the concluded contract fall due for payment immediately.

3.2 In the case of consumers (end-customers)
3.2.1 Our prices are stated in the respective offers; the shipping costs, if any are incurred, are also shown separately – at latest, however, on the order overview prior to the order requiring payment. Shipping costs and our prices represent a total price that includes all price components including all applicable taxes.
3.2.2 The shipping costs incurred are not included in the purchase price in the offers listed by us. These are shown separately in the course of the ordering process and are to be borne by you in addition to the offer price.
3.2.3 Unless otherwise stated, the payment claims arising from the concluded contract fall due for payment immediately.
3.2.4 The following payment methods are generally available to you when using our shop:

3.2.4.1 PayPal Plus
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal,
L-2449 LUXEMBOURG
RCS Luxembourg ref. B 118 349

As part of the PayPal Plus payment service, we offer you various payment methods in the form of PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoiced amount, or else you must first register and legitimise yourself with your access data. Your PayPal account will be debited immediately after completion of the order. The payment transaction is carried out automatically by PayPal. You will receive further instructions in the course of the ordering process.
If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoiced amount. The payment transaction will be carried out by your credit card company at the request of PayPal after your legitimation as the legal cardholder, and your card will be charged after completion of the order. You will receive further instructions in the course of the ordering process.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoiced amount. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (prenotification of payment). Upon submission of the direct debit mandate, PayPal will request its bank to initiate the payment transaction immediately on completion of the order. The payment transaction is carried out and your account is debited. You will receive further instructions in the course of the ordering process.

3.2.4.2 Amazon Pay
Amazon Payments Europe S.C.A.
38 Avenue J.F. Kennedy,
L-1855 LUXEMBOURG

Registration number as registered with RCS Luxembourg: B 153 265
VAT identification number: LU24448288

As part of the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering procedure in our online shop. In order to complete the ordering process and pay the invoiced amount via Amazon, you must be registered there or else must first register and legitimise yourself with your access data. There you can select the delivery address and payment method stored with Amazon, and confirm the use of your data by Amazon and the payment instruction to our company. You will then be redirected back to our online shop where you can complete the ordering process.

§ 4 Rights of retention, reservation of title
4.1 The goods remain our property until the purchase price has been paid in full.
4.2 A right of retention is only given insofar as this is based on claims from the same contractual relationship.
4.3 Special provisions for entrepreneurs:
Insofar as you are an entrepreneur within the meaning of § 1, section 2 of these General Terms and Conditions of Business, it shall also apply that we reserve title to the goods until all claims arising from the current business relationship have been settled in full. The pledging of the goods sold as security is not permitted prior to the transfer of ownership. The goods may be resold in the ordinary course of business. In this case, you hereby assign all claims arising from the resale up to the amount of the invoice. We hereby accept this assignment. The assignment shall initially be made internally, so that you remain authorised to collect the claims. If however you fail to fulfil your due payment obligations towards us, we reserve the right to disclose the assignment of the claim to third parties and to collect the claim ourselves.

§ 5 Warranty
5.1 Fundamentally the statutory warranty claims shall apply.
5.2 Insofar as you, as the purchaser, are an entrepreneur within the meaning of § 1, section 2 of our General Terms and Conditions of Business, you are obliged to inspect the goods immediately on delivery with the due care expected of a businessman for deviations in quality and quantity, and to notify us in writing of any obvious defects within a period of 7 days from receipt of the goods. The same period applies to hidden defects discovered later, which must likewise be reported in writing within a period of 7 days from discovery. Insofar as the aforementioned inspection and notification obligations are not complied with, the assertion of warranty claims against us is excluded.
5.3. The warranty period for companies is one year from delivery of the goods. This shortened warranty period does not apply to damages caused by gross negligence or deliberate intent, to recourse claims according to §§ 478, 479 BGB [German Civil Code] or to culpably caused damages involving injury to life, body or health attributable to AMAZONAS GmbH.
5.4. Insofar as defects exist, we are initially entitled, at our discretion, either to rectify the defect or to deliver a replacement. Insofar as the rectification of defects fails, you may, at your discretion, assert claims for a price reduction or withdraw from the contract altogether. A rectification of defects shall be deemed to have failed if two attempts to rectify the defects have been unsuccessful. In the event of rectification of defects, we shall not be obliged to bear increased costs that have arisen due to the fact that the goods have been taken to a place other than the place of performance, insofar as the transfer does not correspond to the intended use of the goods.
5.5 In the event of a breach of essential contractual obligations, our liability in the case of slight negligence shall be limited to the foreseeable damage typical of the contract. Essential contractual obligations are those obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as those obligations the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which can regularly be relied upon.
In the case of slightly negligent breaches of obligation, liability for the breach of non-essential contractual obligations is hereby excluded.

§ 6 Terms and conditions of delivery
6.1 Delivery conditions, and any existing delivery restrictions, may be found on our website under an appropriately designated button or in the respective article descriptions.
6.2 Insofar as you, as the ordering party, are an entrepreneur, delivery and dispatch shall be at your risk.
6.3 Insofar as you are a consumer, the risk of accidental loss and accidental deterioration of the sold item rests with us during shipment. This risk shall not pass to you until such time as the goods are handed over. This provision shall not apply insofar as you yourself independently commission a transport company not named by us or another person to carry out shipment of the goods.

§ 7 Jurisdiction, place of fulfilment
7.1 Our business relationships are exclusively subject to the law of the Federal Republic of Germany.
7.2 The place of performance for all services arising from our business relationships and the place of jurisdiction for the same is exclusively Gräfelfing, insofar as you are an entrepreneur within the meaning of § 1, section 2 of these General Terms and Conditions. The same shall apply if you are a consumer and do not have a general place of jurisdiction in Germany or a state of the European Union, or if your place of residence or habitual abode is unknown at the time the action is brought.
7.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply and are hereby excluded.
7.4 The following information is only valid for consumers: The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/
We are not obliged, nor are we willing, to participate in a dispute resolution procedure before a consumer arbitration board.

B) Customer information
The seller is

AMAZONAS GmbH
Am Kirchenhölzl 15
82166 Gräfelfing, Germany

Tel. 0049 89 189288 0
Fax 0049 89 189288 10
e-mail: service@amazonas.eu

Bank details:
Kreissparkasse München Starnberg Ebersberg
IBAN DE43 7025 0150 0620 6011 04
BIC BYLADEM1KMS

Tax ID: DE813263951

C) Cancellation information for distance contracts
The following right of cancellation applies only to consumers:
You have the right to cancel this contract within 14 days, without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or had possession of the last goods.
In order to exercise your right of revocation, you must inform us (AMAZONAS GmbH, Am Kirchenhölzl 15, 82166 Gräfelfing, GERMANY, fax: 0049 89 1892 8810, e-mail: service@amazonas.eu) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample cancellation form, though this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of revocation before the expiry of the cancellation period.

Consequences of cancellation
If you revoke this contract, we must reimburse you for all payments we have received from you, with the exception of additional costs that may result from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us, without delay, and no later than 14 days from the day on which we received the notification of your revocation of this contract. For the repayment, we will use the same means of payment that you used for the original order, unless expressly agreed otherwise with you. In no case will we charge you any fees because of this repayment.
We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.
In the event of cancellation, you must return or hand over the goods to us without delay and in any case no later than 14 days from the date on which you informed us of the revocation of the contract. The deadline shall be deemed to have been met if you send off the goods before the 14-day period has expired.
If goods cannot be sent as a parcel, we will collect them.
You will only have to pay for any loss in value of the goods if this loss in value is attributable to your handling the goods in a way that is not required for the inspection of their condition, properties and functionality.

D) Sample cancellation form (only for consumers)
If you wish to cancel the contract, please complete this form and return it to us. You can also use your own cancellation form if you so wish.

To
AMAZONAS GmbH
Am Kirchenhölzl 15
82166 Gräfelfing, Germnay

Fax: 0049 89 18928810
e-mail: service@amazonas.eu

– 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)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of paper communications)
– Date
(*) Please delete what does not apply.

 05/2021

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