General Terms and Conditions (GTC) of AMITQ
§ 1 Scope and definitions
(1) These General Terms and Conditions (GTC) apply to all business relationships between AMITQ and the customer in the version valid at the time of the order.
(2) “Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity (Section 13 of the German Civil Code).
(3) “Entrepreneurs” within the meaning of these General Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).
(4) “Customers” within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(5) General terms and conditions of entrepreneurs that contradict, deviate from or supplement our General Terms and Conditions shall not become part of the contract unless we expressly agree to their validity in writing.
§ 2 Conclusion of Contract
(1) The provisions on the conclusion of the contract apply to orders via our internet shop at www.amitq.com .
(2) The contract is concluded with:
AMITQ
Represented by the managing directors Akram Al-Swaiedi
Germany
(3) The presentation of the products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to order. By placing an order, the customer makes a binding offer to conclude a purchase contract.
(4) The ordering process takes place in the following steps:
a) Selection of the desired goods
b) Click on "Add to cart"
c) Checking the shopping cart
d) Click on "Next"
e) Registering in the webshop or ordering as a guest
f) Checking and correcting the entered data
g) Binding submission of the order by clicking on “order with payment”
(5) After receiving the order, we will send an automatic order confirmation by email. This does not constitute acceptance of the offer. The purchase contract is only concluded upon acceptance by us, in writing or by dispatch of the goods.
(6) We will save the contract text and send it to the customer by email together with the general terms and conditions after the contract has been concluded. Past orders can be viewed in the customer area under "My Account".
§ 3 Prices, shipping costs, payment and due date
(1) All prices quoted are final prices and include statutory VAT. Shipping costs and any cash on delivery fees will be charged separately.
(2) Payment can be made either in advance (bank transfer), PayPal, credit card (Mastercard, Visa), on account or cash on delivery, whereby cash on delivery is only possible within Germany. We reserve the right to demand payment in advance.
(3) When paying in advance or via PayPal, the amount is due immediately after conclusion of the contract. When paying by credit card, the account will be debited before delivery. When purchasing on account, the amount is due on the date stated on the invoice.
(4) The customer will receive an invoice with the delivery. In the case of partial deliveries, a partial invoice will be issued.
(5) During the period of default, interest shall be charged on debts owed by entrepreneurs at a rate of 8 percentage points above the base interest rate. We reserve the right to claim higher damages for default.
(6) An entrepreneur shall only have the right of set-off if his counterclaims are undisputed or have been legally established.
§ 4 Delivery and Transfer of Risk
(1) In case of advance payment or PayPal payment, the goods will only be dispatched after receipt of payment.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall only pass to the customer upon delivery.
(3) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover to the transport company.
(4) If a delivery deadline cannot be met for reasons beyond our control, we will inform the entrepreneur immediately and set a new, reasonable deadline. If this deadline cannot be met either, we are entitled to withdraw from the contract. Any consideration already provided will be reimbursed immediately.
§ 5 Right of withdrawal for consumers
(1) Consumers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which the consumer or a third party other than the carrier designated by him takes possession of the goods.
(2) To exercise the right of withdrawal, the consumer must inform us of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
(3) In the event of cancellation, the consumer must return the goods immediately and in any event no later than 14 days from the day on which he notified us of the cancellation.
(4) The costs of return shall be borne by the consumer.
§ 6 Warranty and Liability
(1) The statutory warranty rights apply.
(2) We are only liable for damages caused by simple negligence if essential contractual obligations (cardinal obligations) are violated. In such cases, our liability is limited to the foreseeable, contract-typical damage.
(3) The limitations of liability shall not apply to damages resulting from injury to life, body or health or to claims under the Product Liability Act.
§ 7 Data Protection
(1) Personal data is processed in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
(2) Further information on the type, scope and purpose of the collection and use of personal data can be found in our privacy policy.
§ 8 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall only apply if the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
(3) Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
AMITQ