Terms customer information
1. Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. payment arrangements
7. Retention of Title
8. Customer account
9. Warranty and warranty
10. Liability
11. Storage of the contract text
12. Final Provisions
1. Scope of application
1.1. For the business relationship between Amaros GmbH, Hoher Markt 1/IV,
1010 Vienna (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) are exclusively subject to the following General Terms and Conditions in the version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated on the products. Apart from that, errors remain reserved.
Note: Please enter the appropriate button labels below.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to cart" button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart using the "Continue to checkout" button.
3.2. By clicking on the "order with payment" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches, hands over or arranges for the dispatch of the ordered product to the customer within 2 days confirmed to the customer within 2 days with a second email, express order confirmation or sending of the invoice. Acceptance can also occur through a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.
3.4 In the case of customers who are companies, the aforementioned deadline for dispatch, handover or order confirmation is seven days instead of two.
3.5. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If the payment has not been received by 10 within one calendar day after the order has been sent, the vendor will withdraw from the contract with the result that the order is lapsed and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with prepayment payments therefore takes place longest for 10 calendar days.
4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, product availability
5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made are reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for the consideration already provided.
5.4. Customers are informed about delivery times and delivery restrictions (eg limitation of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller delivers the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment Has; the specified delivery dates and deadlines, subject to other commitments and agreements, are not fixed dates.
5.6 Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller are not the responsibility of the seller towards customers who are entrepreneurs, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are entrepreneurs, even in cases of unforeseeable events that affect the operation of a sub-supplier and are not responsible for either the sub-supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay cannot be expected of the customer, he can withdraw from the contract by written declaration after a reasonable period of time to be set by him or after mutual consultation with the seller.
6. payment arrangements
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment is possible by invoice, the payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are charged with the payment processing, eg Paypal. Their general terms and conditions of business apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.6. The customer shall only be entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
The goods delivered remain the property of the vendor until full payment has been received.
For customers who are entrepreneurs, the following also applies: The seller reserves ownership of the goods until all claims from an ongoing business relationship have been settled in full; The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against new value against theft, fire and water damage at his own expense, if appropriate or as is customary in the industry. If maintenance and inspection work needs to be carried out, the buyer must carry this out in a timely manner at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. The customer must immediately report any access by third parties to the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third-party objection lawsuit or costs for an extra-procedural release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims arising from resale or other legal grounds regarding the reserved goods (including all balance claims from current accounts) to the seller as security. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all of the seller's outstanding claims from the business relationship by more than 10% (if there is a risk of realization by more than 50%). The choice of securities to be released is incumbent upon the seller. With the settlement of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The choice of securities to be released is incumbent upon the seller.
8. Customer account
8.1 The seller provides customers with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.
8.2. Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances, to the extent this is necessary (e.g. the changed email address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages resulting from incorrect information.
8.4. The customer account may only be used in accordance with the applicable legal regulations, in particular the regulations for the protection of third party rights, and in accordance with the seller's general terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, particularly through external software such as bots or crawlers, is prohibited.
8.5. If customers save, enter or otherwise post content or information (hereinafter referred to as "content") within the customer account, the customers are responsible for this information. The seller does not claim ownership of the customers' content. However, the seller reserves the right to take appropriate measures depending on the degree of risk of infringement posed by the content, in particular the risk to third parties. The measures, which take into account the criteria of necessity, appropriateness, care, objectivity, reasonableness and the interests of all those involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and explanations, warnings and reprimands as well as bans from the premises.
8.6. Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the contract for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to secure their data when terminating the customer account.
9. Warranty and warranty
9.1. The warranty (liability for defects) is determined subject to the following provisions according to statutory provisions.
9.2. There is a guarantee on the goods delivered by the seller only if expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.
9.3 If the customer is an entrepreneur, he must inspect the goods without delay, notwithstanding the statutory obligation to give notice of defects, and notify the supplier in writing of any recognizable material defects immediately, at the latest within two weeks of delivery, and in writing of any non-recognizable material defects immediately, at the latest within two weeks of discovery. Customary deviations in quality, weight, size, thickness, width, finish, pattern and color that are permissible according to quality standards or minor deviations are not defects.
9.4 If the customer is an entrepreneur, the choice between repair or subsequent delivery of defective goods is made by the seller.
9.5 Material defects become statute-barred, notwithstanding the liability provisions of these General Terms and Conditions, for customers who are entrepreneurs, in principle one year after the transfer of risk, unless longer periods are prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. In the case of used goods, the warranty for customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) BGB in accordance with its type and intended use in another item or attached it to another item, the seller, subject to an express agreement and without prejudice to the other warranty obligations, within the scope of supplementary performance, is not obliged to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective and the installation or attachment of the repaired or delivered defect-free item in the context of a recourse by the customer within the framework of the supply chain (ie between the customer and its customers).
10. Liability
10.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
10.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the Seller's liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the contract text
11.1. The customer can print the contract text to the seller before placing the order by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all the order data to the email address provided by him. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the General Terms and Conditions along with cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. We also save the contract text, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.
12. Final Provisions
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller's registered office, while the place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or the buyer is in the country of domicile of the seller has no general place of jurisdiction. The right of the seller to choose another permissible place of jurisdiction remains reserved.
12.2 In the case of entrepreneurs, the law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions conflict with this.
12.3. Contract language is German.
12.4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
