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Terms and conditions
Part 1: General terms and conditions for consumers
1. Scope of application
(1) Our General Terms and Conditions (GTC) apply exclusively in the version available online at the time of the order (cf. § 2 of these GTC). You may print out these terms and conditions at your convenience or save them in reproducible form.
(2) These terms and conditions (“GTC for Consumers”) apply to end consumers (hereinafter: “Customer”, or “you”) and to orders placed via the webshop at https://www.amaverlag.com, which is operated by AMA Verlag GmbH (hereinafter: “AMA”, or “we”).
2. Conclusion of the contract
(1) The presentation of our products and services in the web shop serves only to inform the customer and does not constitute an offer in the legal sense, nor do other publications and advertising media in which the customer is merely invited to submit an offer.
(2) As soon as the customer places an order with us by telephone, letter or in any other way without personal contact (i.e. in particular also on the Internet), the customer has made an offer.
(3) An order in the web shop is triggered by the customer clicking the “buy now” button in the shopping basket. With the order, the customer bindingly declares that he/she wishes to purchase the goods. We inform the customer about the receipt of the order by e-mail. This confirmation of receipt does not constitute a declaration of acceptance.
(4) The purchase contract is concluded by sending a dispatch confirmation or the actual dispatch of the goods.
3. Right of withdrawal
Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his or her commercial nor to his or her independent professional activity (§ 13 BGB). We inform you about your right of withdrawal in the following:
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, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us
AMA Verlag GmbH
Telefon 02232 96930
Telefax 02232 969366
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 model cancellation form (at the end of this section) for this purpose, but it is 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 will 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 any fees because of 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 the goods without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to
AMA Verlag GmbH
Alte Schulstraße 5-6
16356 Ahrensfelde, OT Lindenberg
to return or hand over the goods. 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 cancel the contract, please print and complete this form and return it to us.
— Start of the sample withdrawal form—
AMA Verlag GmbH
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)
Date Signature of consumer(s) (only in case of notification on paper)
(*) Delete as applicable
— End of the sample withdrawal form—
4. Reservation of unavailability
We reserve the right to refrain from fulfilling your order if we do not have the ordered item in stock, the item not in stock is out of stock and the ordered item is consequently not available. In this case, we will inform you of the unavailability and refund any purchase price already paid by you without delay.
5. Shipping costs
When shipping an order, shipping costs are incurred, the amount of which depends on the shipment weight, delivery location and selected shipping method. These costs are displayed during the ordering process.
6. Terms of payment and delivery
Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Unless otherwise agreed, the purchase price shall become due upon conclusion of the contract. The purchase price shall be paid via one of the payment methods offered.
8. Retention of title
The delivered items remain our property until full payment by the customer.
If there is a defect in the purchased item, the statutory warranty provisions of §§ 434 ff. BGB.
10. Data protection
We use your personal data exclusively for purposes relating to your order, e.g. for information on your order status and/or delivery status and for internal customer analyses. Personal data will of course be treated confidentially. Please also see our data protection information.
The customer expressly agrees to the collection, processing and use of the data received in connection with the business relationship.
The customer has a right to information as well as a right to correction, blocking and deletion of his stored data.
11. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court responsible for our registered office in Brühl.
12. Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and Section 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 not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Part 2: GTC for companies
1. Scope of application
These General Terms and Conditions of Business shall form the basis of all delivery transactions, unless otherwise expressly agreed in writing in general or by individual agreement. Contradictory terms and conditions of business of the customer are cancelled by the following terms and conditions.
Orders placed by telex, telephone or via the Internet are not binding on AMA Verlag until they have been confirmed in writing or the goods have been delivered and/or an invoice has been issued. Orders placed by telephone should be confirmed in writing to AMA Verlag on the following day; in the absence of written confirmation, no guarantee is assumed for correct delivery and any consequences arising therefrom. Verbal declarations by representatives and employees of AMA Verlag require written confirmation in order to be valid.
Quotations and orders are subject to change until the order confirmation and/or invoice. This also applies to orders placed with representatives of AMA Publishing.
3. Delivery and shipping
The delivery period begins with the receipt of the order. If an agreed delivery date is exceeded by more than 4 weeks, the customer is entitled to set a grace period of 6 weeks and to withdraw from the contract after fruitless expiry. The withdrawal must be declared in writing. Further claims are excluded. Partial deliveries are permissible; with regard to these, withdrawal is not possible if the delivery is made on time. In the event of force majeure, industrial action, official measures and other unforeseen events which could not be avoided despite reasonably expected precautionary measures – irrespective of whether at AMA Verlag, the supplier or third parties – the delivery period or acceptance period shall be reasonably extended by the duration of the impediment, even if such events occur during an already existing delay.
AMA Verlag is entitled to adjust prices in the event of cost increases, exchange rate changes, changes in freight duties and other levies occurring four months after conclusion of the contract.
All consignments are for the account and risk of the orderer from the moment of handover to the post office or the transport company, even if loss or deterioration is due to accident or force majeure. AMA Verlag will not pay compensation for items lost or damaged in transit. If delivery is delayed at the instigation of the Ordering Party, the risk shall pass at the time of readiness for delivery.
The goods shall only be insured against damage in transit at the express request and expense of the customer.
All consignments are always dispatched by the most favourable means at the discretion of AMA Verlag. Special shipping instructions must be made in writing and may be subject to extra payment.
In the event of a delay in delivery or performance or in the event of impossibility of delivery or performance for which AMA Verlag is responsible, claims for damages due to non-performance are excluded, unless AMA Verlag is guilty of intent or gross negligence.
If the orderer does not accept the goods, AMA Verlag is entitled to withdraw from the contract or to claim damages for non-performance. In the latter case, AMA Verlag is entitled to demand either 25 % of the retail price without providing evidence of damage, or compensation for the actual damage incurred, unless the customer provides evidence of lesser damage.
4. Warranty, liability
The goods must be inspected for transport damage by the customer or his representative immediately after receipt in the presence of the freight forwarder. The customer must have any damage to the packaging confirmed in writing by the transport company upon acceptance of the goods. Packaging and shipping documents must be kept.
Complaints from merchants can only be taken into account if AMA Verlag is notified of the defect within one week of receipt of the goods; The date of the postmark is decisive. Transport damage must be reported to the freight forwarder within 24 hours at the latest.
In the event of a defect, AMA Verlag has the right to repair or deliver a replacement. If the customer has not yet paid the purchase price when claiming defects, AMA Verlag can make the repair or subsequent delivery dependent on the payment of an appropriate part of the remuneration or the purchase price. If the repair or subsequent delivery fails after two attempts, for which there must have been appropriate time and opportunity, the customer can reduce the remuneration or, at his discretion, withdraw from the contract. If the customer does not give the opportunity for repairs or subsequent delivery, he loses the right to warranty.
AMA Verlag assumes no liability for defects that did not arise from the delivered item itself.
If the AMA Verlag is liable in accordance with the legal provisions and in accordance with these conditions for damage that was caused by slight negligence, the AMA Verlag is liable, unless life, body or health was injured, only for the violation of essential contractual obligations and only in the amount the typical damage foreseeable at the time the contract was concluded. If the damage is covered by insurance taken out by the customer in the event of damage, AMA Verlag is only liable for any associated disadvantages to the customer.
Approval shipments are only possible to a limited extent and by special agreement. If the return date agreed in writing and shown on the invoice is exceeded, AMA Verlag is not obliged to take back the shipment. In this case the invoice will be due. Sound recordings, videos and software products cannot be sent for viewing purposes.
Returns for fixed purchases without a right of return (RR) generally require the prior written consent of AMA Verlag. When the shipment is accepted, the goods will be credited if they are in new, resalable condition.
The purchaser must always make returns freight and postage paid, unless the return is due to incorrect delivery, defects in the goods, non-compliance with a delivery deadline expressly set and expressly accepted by AMA Verlag or due to delivery at a new, significantly increased and not properly announced retail price been initiated.
7. Shipping and packaging costs
The recipient bears the shipping costs including packaging.
8. Retention of title
All goods delivered remain the property of AMA Verlag until all claims to which AMA Verlag is entitled and still arising from the business relationship with the customer have been paid in full (if payment is made by check or bill of exchange until they are redeemed).
The purchaser is entitled to resell the delivered goods at any time as part of his normal business operations. The purchaser hereby assigns to AMA Verlag all claims and ancillary rights to which he is entitled from the resale and the business relationship with his customers in connection with the resale. The assigned claims serve to secure all claims according to paragraph 1.
The customer is entitled and obliged to collect the assigned claims as long as AMA Verlag has not revoked this authorization. The direct debit authorization expires even without express revocation if the customer stops making payments. For other dispositions of the reserved goods or of the claims assigned to AMA Verlag, e.g. B. by security transfer or pledging, the purchaser is not authorized. He must immediately inform AMA Verlag of any impairment of the rights to the goods owned by AMA Verlag. The customer bears any costs of an intervention.
The buyer must store the goods delivered under retention of title separately and allow authorized representatives of AMA Verlag to inspect and appropriately examine the inventory and release the goods to AMA Verlag or its authorized representative immediately upon request, if, in the opinion of AMA Verlag, even after the contract has been concluded the customer’s credit circumstances do not appear suitable for granting credit.
9. Payment terms
Shipments delivered on open invoice are due immediately. Any bank fees may not be borne by us.
AMA Verlag reserves the right to carry out orders from defaulting companies without prior notice only against cash on delivery or advance payment. If the advance payment is not made within a reasonable period of time, AMA Verlag is entitled to withdraw from the contract.
If the customer defaults on payment or circumstances become known that call the customer’s creditworthiness into question (e.g. non-cashing of checks), all claims become due immediately. AMA Verlag is then entitled to carry out outstanding deliveries only against advance payments or security deposits.
Offsetting and retention rights based on counterclaims are excluded unless the counterclaims have been recognized in writing or legally established.
10. Place of fulfilment – place of jurisdiction
The applicable law is the Federal Republic of Germany.
Place of performance is Brühl. The place of jurisdiction for all claims and legal disputes arising from the contractual relationship, including bill of exchange and document processes, is Brühl, even if the buyer is a merchant, a person under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in Germany, after conclusion of the contract The person’s place of residence or usual place of abode has been moved from within the country or his place of residence or usual place of abode is not known at the time the action is filed.
11. Bindingness of the contract
Any invalidity of one or more provisions will not affect the effectiveness of the remaining provisions. In such a case, the invalid provision must be reinterpreted or supplemented in such a way that the economic purpose intended by the invalid provision is achieved.
12. Follow-up business
These general terms and conditions also underlie all further business relationships between the customer and AMA Verlag, unless they are replaced by newer ones.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter https://ec.europa.eu/consumers/odr finden. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.