General Terms and Conditions of Sale
ATM Handel & Service GmbH
Our deliveries, performances and offers to consumers according to §13 Civil Code are based on these business terms and conditions. The buyer with his order agrees to the basis of this contract. Further details to the order procedure, to our contract conditions and for other transactions of the contract you can find on the corresponding service pages.
§1 Information Obligations for the Buyer
(1) The buyer is obliged with his registration (login) to give truthful information only. Changes of the data important for our business relation (e.g., name, address, e-mail address, consumer's properties) the buyer with the current order has to immediately inform us if not before the next order. If wrong data is given to us, we are entitled to the resignation of already concluded contracts and to the blockage of our online shop for this buyer.
(2) The buyer guarantees that the e-mail address stated by him is accessible. If the reception of e-mails is hindered on account of forwardings, closing or overfilling of the account, we have the right according to. Paragraph (1).
(3) Immediately after the placing of his order the buyer receives an acknowledgement of receipt from us via e-mail. The buyer must immediately inform us if he has not received this confirmation in a contemporary way.
(4) For his access to our online shop the buyer receives a password. He undertakes to treat the password confidentially and to make it not accessible to unauthorized third parties. For an abuse of the password, which the buyer has caused, we accept no liability.
§2 Contract conclusion, Cancellation
(1) Our offers are non-binding and are under the reservation of corresponding stocks or timely supply by our suppliers. With his order the buyer declares obligingly that he wishes to acquire the content of his basket (contract offer). We are entitled to accept this contract offer within the delivery deadlines stated by us for delivery of the product, separate order confirmation or in other suitable part or complete ways. With our explicit or implied notice of acceptance the sales contract comes about, as far as our notice of acceptance suffices. We are not obliged to accept orders in any case.
(2) For deviations between order and order confirmation our declaration is valid, provided that the deviation is not to be valued as a new contract offer.
(3) Obvious mistakes, writing, printing and calculation errors, which occur by the presentation of an offer or within the scope of a order confirmation are not binding for us.
(4) The buyer is entitled within the legal periods to revoke his order and to send back already received products. The buyer bears the cost of return carriage. If the buyer has used the product before cancellation and return, he has to pay a value substitute for the usage and for deterioration of the product. The value substitute can amount to the purchase price in isolated cases. If the buyer has checked the product merely in an adequate form, we have no claim for value substitute.
(5) The right of return does not apply for delivery of substances, that have been cut to size according to customer's wishes, provided that they correspond to the assured properties. So that an audit of the substances can follow to begin with, we send quality samples and colour patterns for free (maximum 5 samples).
(1) As far as nothing else is agreed, the prices stated in the order are valid.
(2) The prices are to be understood including the German value added tax valid at the time of the order plus the carriage costs shown in the order. With deliveries to a country which is not a member of the European Union the price is reduced by the amount of the German value added tax. Nevertheless, in this case the buyer has to bear the duties originating by the import and import sales tax immediately. With respect to this he releases us from every claim.
(3) For private customers from the UK the prices are inluding the British VAT valid at the time of the order plus the carriage costs shown in the order.
(4) If we send part deliveries by request of the buyer, he has to bear the additional costs originated through this.
§4 Deliveries, Extraordinary Influences
(1) From us stated dates and delivery deadlines are non-binding, provided that expressly nothing else was agreed. The actual delivery deadlines are directed in particular after the delivery deadlines of our suppliers. If our non-binding delivery deadlines are substantially exceeded, we will immediately notify the buyer.
(2) The delivery deadline is extended, without notification, if the buyer has chosen the method of payment "cash in advance", but no payment has occurred.
(3) Temporary delivery obstacles on account of extraordinary influences (e.g., war, commercial restrictions, strikes, traffic problems) and other unplannable and uncontrollable events which are not caused by us, entitle us to send the delivery only after removal of these obstacles. We will inform the buyer immediately after the occurrence of such an obstacle. If the obstacle remains more than two weeks after our regular delivery deadlines, we as well as the buyer are entitled to withdraw from the contract under adequate appointment of a date.
§5 Acceptance default
(1) For the duration of the acceptance default of the buyer we are entitled to store the product at the danger and expense of the buyer. We can use for this purpose a transport company or a warehouse . The storage charges are charged at 1% of the net invoice value of the stored product per month, at most however, at the rate of 25.00 €. We are entitled to prove higher expenses and to charge them. The buyer is entitled to proof that none or lower storage charges have originated.
(2) If we withdraw as a result of the acceptance default of the buyer from the contract, we are entitled by presentation of the wider legal requirements to demand all-inclusive damages at the rate of 25% of the agreed net invoice value. The assertion of a higher damage is reserved. The buyer is entitled to the proof that no or a lower damage has originated.
(1) Our invoices are according to arrangement by cash in advance or cash on delivery or with collection, unless nothing else is agreed. Deliveries abroad only take place against cash in advance.
(2) In the case of cash in advance the payment is to be transferred within two weeks after receipt of our confirmation of the order. Decisive is the receipt time of the money by us. By later payment we will immediately inform the buyer if we do not accept his order (e.g., because of price rises in between) any more, and transfer the paid amount back. The same applies when we accept an order with appropriate payment partially or not at all.
(3) A payment is only classed as occurred when we can dispose over the amount.
(4) The buyer can only carry out a right of retention if his counterclaim is based on the same contractual relationship. A right to the accumulation is entitled to the buyer only if his counterclaim was ascertained legally or was recognized by us.
(1) Obvious damages of the product are immediately to be indicated to us after the delivery in text form, otherwise our relevant guarantee obligations are cancelled. Obvious, as well as concealed damages in transit are to be notified with the delivery to the person responsible for the transport or within 7 days to the postal branch and they are to be held in writing. With considerable damages in transit the acceptance of the product is to be refused. With every claims form the buyer has to send us back the damaged product with its entire equipment as well as a copy of the delivery note with which the product was delivered and with an exact fault description.
(2) The warranty period is 24 months from delivery of the product.
(3) No guarantee is taken for damages, that have originated from inexpedient or improper use, faulty or negligent treatment, inexpedient operating resources, as well as improper changes by the buyer or third parties.
(1) We are liable for damages because of violation of contractual and external-contractual obligations with foul play, adapter and culpable negligence without limitation. As far as we violate negligently a contract-essential obligation, our liability to pay damages is limited to the predictable damage typical for the contract. The same applies to obligation violations of our fulfilment assistants. Further claims are excluded. Our liability according to the product liability law, from a guarantee or because of personal injuries remains untouched by this.
§9 Colour Deviations
For colour deviations between the photos in the Internet and the delivered product we accept no liability. We refer in this connection to the sample dispatch. Slight colour deviations between the delivered sample and the delivered product can appear in rare cases.
§10 Reserved Ownership
Until the entire payment of the purchase price has been transferred the product remains our property. In connection of the reserved product with other goods we receive joint ownership on the new item in comparison, in which the invoice value of our product is connected to the invoice value of the other goods. The buyer keeps the reserved product or the item with the joint ownership for us free of charge. Pawned or protective transfers with regard to our(joint) owned property is inadmissible. With accesses of third parties to the reserved product the buyer will point out our property and inform us immediately.
§11 Assignment Prohibition
The assignment of any demands or claims against us to third parties is excluded, provided that we do not expressly agree to the assignment in text form. We are obliged to the approval if the buyer proves a legitimate interest in the assignment.
§12 Data Security
We are entitled, to store and process the received data from the buyer which is connected to the business relation, whether these are from the buyer or from a third party, for the purposes of the Data Protection Act, as far as they are necessary for the business relations. The data is only transmitted to third parties - apart from legal or official obligations to notify - with approval of the buyer.
§13 Final Regulations
(1) For the business relation with the buyer the law of the Federal Republic of Germany is applicable - to the exclusion of the UN option to buy.
(2) If one of the preliminary regulations is fully or partly ineffective, the effectiveness of the remaining clauses or clause parts is not touched by this.
The German language version of these Terms and Conditions is the only valid and legally binding version. This translation into English is provided to facilitate understanding of these Terms and Conditions. English version is not legally binding and is not officially sanctioned.
ATM Handel & Service GmbH
21423 Winsen (Luhe)
Winsen / Luhe im April 2006