General Terms and Conditions (GTC)
Terms of contract within the framework of purchase contracts concluded via the platform https://www.amaru-living.com.
Provider is:
AMARU-Design
Jan Funken e.K.
Steiferhofstraße 11
53757 Sankt Augustin
Germany
Phone 0049 (0)2241-9050846
Mail: info@amaru-design.com
Registered in the Commercial Register of the Siegburg District Court:
HRA 6103
Owner: Jan Funken
VAT identification number: DE308328274
– hereinafter referred to as the “Provider
§1 Scope & Defence Clause
(1) The following General Terms and Conditions in the respective version at the time of the order shall apply exclusively to the legal relationships established via this Internet shop between the operator of the shop (hereinafter referred to as the “Supplier”) and its customers.
(2) Deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is hereby merely invited to make an offer by placing an order.
(2) After the customer has placed the goods and/or services selected by him in the virtual shopping basket and has gone through the electronic ordering process, he submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket by sending the order in the Internet shop. By sending the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the supplier. Furthermore, the customer may also submit the offer to the supplier by e-mail.
(3) The supplier confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the supplier. It only serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance stating a delivery time.
(4) The German language is available for the conclusion of the contract.
(5) Order processing and contacting are usually carried out by e-mail. The Customer shall ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by the Provider can be received. In particular, when using SPAM filters, the customer shall ensure that all e-mails sent by the provider can be delivered.
§ 3 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 4 Prices and terms of payment
(1) Unless otherwise stated in the Supplier’s product description, the prices quoted are total prices which include the statutory value added tax plus any delivery and/or shipping costs incurred, which are shown separately. Delivery and/or shipping costs vary depending on the shipping area.
(2) Payment of the purchase price shall be made in advance, immediately after conclusion of the contract and confirms consent to the purchase. The customer chooses one of the following payment options: Prepayment by bank transfer, Sofortüberweisung, payment by PayPal, credit card (PayPal Plus) or direct debit (PayPal Plus).
(3) Prepayment: In the case of prepayment, the customer must transfer the invoice amount to the account stated in the order confirmation within 5 days. Shipment will be made within the stated delivery period after receipt of the full invoice amount.
(4) Sofortüberweisung:For payments with Sofortüberweisung you need your account number, bank code, PIN and TAN. After submitting your order, you will automatically be redirected to the secure payment form of Sofort AG. After completing the payment, you will receive a confirmation of the transaction. Please note that Sofortüberweisung is not yet available at a few banks. You can find out more about whether your bank supports this service here: https://www.sofort.com/
(5) PayPal Plus (PayPal / credit card / direct debit):
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You can choose between the payment options PayPal, credit card or direct debit, all three of which are handled by PayPal Plus. 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. You will receive further instructions during the ordering process.
Paypal
If you have chosen the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction.
Credit card
If you select the payment method credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out and your card charged by your credit card company at PayPal’s request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder.
Direct debit
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited.
PayPal Plus is used subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§ 5 Warranty
(1) The customer’s warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 6 of these GTC applies to claims for damages by the customer against the provider.
(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured items and 1 year for used items in the case of consumers. The limitation period vis-à-vis entrepreneurs is 1 year for newly manufactured items and 1 year for used items. The above shortening of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health, or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The aforementioned shortening of the limitation periods shall likewise not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. The right of recourse in accordance with § 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs.
(3) A guarantee is not declared by the supplier.
§ 6 Disclaimer
(1) Claims for damages by the customer are excluded unless otherwise stipulated below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the Provider, insofar as the Customer asserts claims against them.
(2) Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damage caused by an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider’s consent, unless the customer proves a justified interest in the assignment or pledging.
§ 8 Offsetting
The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed.
§ 9 Delivery and shipping conditions
(1) Unless otherwise agreed, the delivery of goods shall be made to the delivery address provided by the customer. The delivery address stated in the supplier’s order processing shall be decisive in this respect. The customer agrees that the address data provided may be passed on to a third party shipping provider for the purpose of delivery and processing of the order.
(2) If the goods are returned to the supplier by the transport company because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to an impossible delivery.
(3) If items are in stock, they will be delivered within the stated delivery time (after receipt of payment on the account of the supplier). For items that are not in stock, longer delivery times may apply. You will be informed about the expected delivery time after the purchase. The buyer confirms his agreement of the delivery time with the payment of the articles. Standard delivery is to the kerbside or front door either by a parcel service or a freight forwarder.
(4) You can find more information about our shipping conditions here.
§ 10 Product information
Details of the respective manufacturers and products can be found on our product information page.
§ 11 Withdrawal
(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
(2) The customer must complain about damaged or incorrectly delivered goods within 7 days. This must be done in writing or by electronic mail (e-mail), stating the damage and including a photo. If the customer does not comply with this, claims will not be considered. The customer is responsible for the faultless return shipment and is liable for any transport damage incurred.
§ 12 Applicable law and place of jurisdiction
(1) The contractual relations between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 13 Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Jan Funken e.K., AMARU-Design, Owner: Jan Funken, Steiferhofstraße 11, 53757 Sankt Augustin, info@amaru-design.com, 02241-9050846) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
– An
Jan Funken e.K.
AMARU Design
Owner: Jan Funken
Steiferhofstraße 11
53757 Sankt Augustin
info@amaru-design.com
02241-9050846
– 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 notification on paper)
– Date
___________
(*) Delete as applicable.
§ 14 Final provisions
1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
§ 15 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Alternative Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are prepared to participate in an out-of-court conciliation procedure.