§ 1 GENERAL
(1) These terms and conditions apply to all contracts, deliveries and other services of ambiotex GmbH, Lauterenstr. 37, 55116 Mainz (hereafter: “Seller”) regarding the online shop www.ambiotex.com and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always have priority.
(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Mainz, Germany, if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
(5) We deliver to the following countries: Germany, France, Spain, Italy, England, Ireland, Luxembourg, Netherlands, Denmark, Switzerland, Belgium, Austria and Poland.
§ 2 CONTENTS OF THE CONTRACT AND CONCLUSION OF THE CONTRACT
(1) The seller offers the customers new goods, such as a shirt with integrated tech unit, for purchase in the online shop www.ambiotex.com
(2) With the purchase in the online shop a sales contract comes off by the acceptance of the order of the customer by the salesman. Price markings in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) The contract text can no longer be seen after the order. We therefore ask you to save the contract text.
§ 3 PRICES, SHIPPING COSTS, VALUE ADDED TAX AND PAYMENT
(1) For orders via the online shop, the prices stated there apply. All prices include the legal sales tax.
(2) The prices for Germany include shipping costs. For orders outside the online shop (see § 2 Para. 3), the prices stated in the seller’s offer shall apply, also including shipping costs. For shipments outside Germany, shipping costs will be invoiced separately. The exact costs can be found on our website.
(3) The delivery of the customers by the seller takes place at the request of the customer against the following payment methods: prepayment (by bank transfer, by Paypal, credit card payment).
(4) If a customer falls into arrears with his payment obligations, the seller can claim damages in accordance with the statutory provisions and / or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise in text form.
§ 4 DELIVERY AND TRANSFER OF RISK
(1) The ordered goods shall be delivered to the address indicated by the customer, unless otherwise contractually agreed. Delivery shall be made from the Seller’s warehouse.
(2) The availability of the individual goods is indicated in the article descriptions. Unless expressly agreed otherwise, the Seller shall ship goods in stock within 5-7 working days of receipt of payment (in the case of prepayment by bank transfer: within 5-7 working days of receipt of payment). If the goods are not in stock when sold via the online shop, the seller will endeavour to deliver as quickly as possible. The seller’s information on the delivery period is non-binding, unless the delivery date was exceptionally agreed by the seller binding.
(4) The seller reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This self-delivery reservation shall only apply if the Seller is not responsible for the non-delivery. The Seller shall not be responsible for the failure to perform if a so-called congruent hedging transaction was concluded in good time with the supplier to fulfil the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately about this circumstance and refund an already paid purchase price as well as shipping costs. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 5 RESERVATION OF OWNERSHIP
The delivered goods shall remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, the delivered goods shall also remain the property of the seller from the current business relationship until all claims to which the seller is entitled in connection with the contract have been settled.
§ 6 LIABILITY FOR MATERIAL DEFECTS AND DEFECTS OF TITLE
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 et seq. of the German Civil Code (BGB) shall apply additionally. HGB (GERMAN COMMERCIAL CODE).
(2) Damages caused by improper actions of the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller. The customer can obtain information on proper handling from the manufacturer’s descriptions.
(3) Defects are to be reported to the seller by the customer within a warranty period of two years for new items or one year for used items. If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty for entrepreneurs is excluded. The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for compensation claims by the customer, which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault of the seller or his vicarious agents.
(4) If there are defects and these were asserted in good time, the seller shall be entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions shall apply.
§ 7 OBLIGATION TO PROVIDE INFORMATION IN THE EVENT OF TRANSPORT DAMAGE
If goods with obvious damage to the packaging or the contents are delivered, the customer shall, without prejudice to his warranty rights (§ 7), lodge a complaint immediately with the carrier/freight service and contact the seller immediately by e-mail or other means (fax/mail) so that the latter can protect any rights vis-à-vis the carrier/freight service.
§ 8 EXCLUSION OF LIABILITY
(1) Outside of liability for material defects and defects of title, the Seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the foregoing.
(2) The liability limitations of the preceding paragraph shall not apply in the case of injury to life, limb and health, for a defect after acceptance 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.
(3) If the Seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.