Terms and conditions

General terms and conditions with customer information

Contents

  1. Scope
  2. Conclusion of the contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Applicable law
  9. Place of jurisdiction
  10. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "T&Cs") of AM Automotive GmbH (hereinafter "Seller") apply to all contracts for the supply of goods concluded between a consumer or trader (hereinafter "Customer") and the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these T&Cs, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. A trader for the purposes of these T&Cs is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or self-employed profession.

2) Conclusion of the contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods in the basket by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by telephone, fax, email, post or via the online contact form.

2.3 The Seller may accept the Customer's offer within five days

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by asking the Customer to pay after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal user agreement, available 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process the Customer also issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller does not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. An effective technical means of better identifying input errors is the browser's zoom function, which enlarges the display on screen. As part of the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Only the German language is available for concluding the contract.

2.9 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment option(s) will be shown to the Customer in the Seller's online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 If the payment method "SOFORT" is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the Customer must have an online banking account that has been activated for "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method is available at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be shown to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and to which the Customer may be referred separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 Unless otherwise agreed, goods are delivered by post or courier to the delivery address provided by the Customer. The delivery address stated in the Seller's order processing is decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound delivery if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provisions of the Seller's withdrawal policy apply to the costs of returning the goods.

5.3 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller delivers in advance of payment, the Seller retains ownership of the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory provisions on liability for defects apply.

7.2 By way of derogation, the following applies to used goods: claims for defects are excluded if the defect only appears after one year from delivery of the goods. Defects that appear within one year of delivery of the goods may be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply

  • to items that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • to the Customer's claims for damages and reimbursement of expenses, or
  • if the Seller has fraudulently concealed the defect.

7.3 If the Customer is acting as a consumer, they are asked to report any goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Place of jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's registered office.

10) Alternative dispute resolution

10.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.