General Terms and Conditions (GTC)
1. Scope of application
The following GTCs apply to all orders made by consumers and business entities through our online shop.
A consumer is every natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.
A business entity is a natural or legal person or a legal business partnership who or which, when entering into a legal transaction, is exercising their commercial or self-employed professional activity. For business entities, these GTC shall also apply to all future business relationships without the need for us to refer to them again. If the business entity applies conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they only become a part of the contract if we have explicitly agreed to them.
2. Contractual partner, conclusion of contract
The sales contract comes into effect with Amphiro AG.
By placing the products in our online shop we submit a binding offer upon the conclusion of a contract for these articles. You can first place our products in the shopping cart without obligation and correct your input prior to sending your binding order at any time by using the correction aids provided for this purpose and explained during the ordering process. The contract comes into effect when you accept the goods contained in the shopping cart by clicking the order button. Immediately after sending your order, you will be sent a confirmation again by email.
A binding contract can also come into effect prior to this as follows:
- If you select credit card payment, the contract comes into effect at the point in time the credit card is charged.
- If you select the payment method PayPal, the contract comes into effect at the point in time you confirm the payment order to PayPal.
- If you select the payment method Giropay, the contract comes into effect at the point in time you confirm the payment order to Giropay.
The language available for concluding the contract is German.
We save the contract text and send you the order information and our GTCs by email. You can view our GTCs at any time on our website. Your previous orders are no longer accessible through the Internet for security reasons.
3. Delivery conditions
We only delivery using dispatch routes. It is not possible to pick up the goods yourself.
The following payment methods are available to you in our online shop:
Your credit card is charged upon the conclusion of the order.
You pay the invoice amount through the online provider PayPal. You must be registered there or, alternatively, register for the first time, legitimise yourself using your access data and confirm the payment instruction to us. More information can be found during the order process.
5. Right of cancellation
Consumers have the legal right of cancellation as described in the cancellation instructions. Business entities are not granted a voluntary right of cancellation.
6. Retention of ownership
The goods remain our property up until payment is made in full.
For business entities the following also applies: We retain the title to the goods until all outstanding receivables from the current business relationship have been paid in full. You are entitled to dispose of the reserved goods in the normal course of business: all receivables created from such a resale – irrespective of whether the reserved goods are combined with or mixed with a new object – shall be assigned in advance to us in the amount of the invoice, and we accept this assignment. You retain the right to collect the receivables, however we also have the right to collect receivables ourselves, insofar as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with visible transport damage, report such defects to the delivery agent as soon as possible and get in contact with us without delay. Failure to make a claim or to contact us shall have no effect on your legal claims or the enforcement of them; especially with reference to warranty laws. However you help us to validate our own claims vis-a-vis the freight carrier or our transport insurance.
8. Warranties and guarantees
Statutory warranty rights apply. Information on any additional guarantees, if applicable, and their specific conditions can be found with the product and in special informational pages in the online shop.
We shall be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents
- for injuries to life, body or health
- in the case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, to the extent agreed
- insofar as the scope of application of product liability law permits this.
In case of breaches of important contractual obligations whose fulfilment is essential for the due and proper implementation of the contract and the observance of which the contractual partners regularly rely upon (cardinal duty), due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at closing of the contract and the occurrence of which can be typically expected.
All further claims by the user for damages are excluded.
10. Online disputes resolution
Online disputes resolution in accordance with art. 14 para. 1 of the ODR regulations: The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/.
11. Final provisions
For business entities, German law applies to the exclusion of the UN International Sale of Goods convention.
If you are a merchandiser in the sense of the German “Handelsgesetzbuch” (English: “Code of Commercial Law”), legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between us and you is our business location.
Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG
The European Commission provides a platform for online dispute resolution (ODR), which is accessible at ec.europa.eu. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.