Terms & Conditions

1. Scope
The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partners, conclusion of the contract
The purchase contract is concluded with AmCom GmbH & Co. KG.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

The languages available for concluding the contract are German and English.

The text of the contract will not be saved by us.

3. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers. You are entitled to collect your order from AmCom GmbH & Co. KG, Leingartenstraße 11, 84140 Gangkofen, Germany during the following hours of business: Mon- Fri 9 a.m. to 3 p.m and as per scheduled appointment.

4. Payment
In our online shop you may choose from the following payment methods:

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Cash on delivery (only available for Germany)
You will directly pay the purchase price with the deliverer. Additional cost of 6,66 Euro will apply.

PayPal
After submitting the order, you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the ordering process. Directly afterwards, the payment transaction is carried out automatically by PayPal. In addition to this, 2 percent of the purchase price shall be incurred as costs, unless you are a consumer who has his habitual residence in France or Austria.

SOFORT Überweisung
After placement of the order, you will be forwarded to the online SOFORT Überweisung website. In order to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN process for participating in SOFORT Überweisung, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT Überweisung and debited to your account directly thereafter.

Amazon Payments
After clicking on the “Pay with Amazon” button, you will be forwarded to the online Amazon website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. You will receive additional information during the order process. After this, you will be returned to our online shop, where you may complete the ordering process. Directly after the placing the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. In addition to this, 2 percent of the purchase price shall be incurred ascosts, unless you are a consumer who has his habitual residence in France or Austria.

Cash payment on collection
You pay the invoice amount in cash on collection.

5. Retention of title
The goods shall remain our property until full payment is made. For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale - regardless of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims, however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.

6. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to press our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

7. Warranty and guarantees
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.

For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a nondefective item (replacement delivery), at our discretion.

The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty, as well as fraud
- for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
- within the context of a guarantee commitment, where agreed.

Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.

Complaints can be submitted by consumers and businesses:
- in writing to: AmCom GmbH & Co. KG - Leingartenstraße 11 - 84140 Gangkofen
- by e-mail to the following address: post@amshop.de

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

8. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- towards consumer.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited towards businesses to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.

9. Online dispute resolution
Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Protection of minors
Insofar as your order is comprised of goods, whose sale is subject to age restrictions, through the use of a reliable procedure, including a personal identity and age check, we shall ensure that the purchaser has reached the required minimum age. The deliverer shall only hand over the goods after an age check and only to the purchaser in person.

11. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.