1) Scope of Application
1.1 These Terms and Conditions of the company Ambiente Direct GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to unless other terms have been stipulated.
1.2 A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 Unless otherwise provided in the Seller's product descriptions, all prices indicated by the Seller are final prices including the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, fax, e-mail or postal service.
2.3 The seller may accept the Client's offer within five days,
- by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller's online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
The Consumer has a right to cancel. Further details regarding the right to cancel can be found in the Seller's instructions for cancellations.
4) Right of Revocation
Consumers are generally entitled to a right of revocation. More information about the right of revocation here
5) Prices and Payment Conditions
5.1 All prices indicated by the Seller are final prices including the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
5.2 Payment can be made using one of the methods mentioned in the Seller's online shop.
5.3 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller's control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes
5.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5.5 If collection by the Customer is arranged, the Seller shall inform the Customer via e-mail when the order is ready for pick-up. With receipt of this e-mail, the buyer may pick up the order upon consultation with the Seller. Shipping costs will not be charged in this case.
6) Shipment and Delivery Conditions
6.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client unless agreed otherwise.
6.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service unless the Seller has notified the Client for a reasonable time in advance about the service.
6.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Should the Client act as an entrepreneur, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
6.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, he shall immediately inform the Client and grant him immediately counter performance.
6.5 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case, no shipment costs will be charged.
7) Reservation of Proprietary Rights
In case the Client is a consumer, the Seller retains the title of ownership to the delivered goods until the purchase price owed has been paid in full. In case the Client is an entrepreneur, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
7.1 In case the Client is an entrepreneur, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless whether the reserved goods are processed prior to or following resale or not.
The Client remains entitled to collect the claims even after assignment irrespective of the Seller's authority to also collect the claims. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, is not in default and no application has been lodged to open insolvency proceedings.
Should the object of purchase be deficient, statutory provisions shall apply. Deviating thereof, the following shall apply for a product which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness:
8.1 Vis-à-vis entrepreneurs
- a marginal defect shall generally not constitute claims for defects.
- the Seller may choose the type of subsequent performance.
- for new goods, the limitation period for defects shall be one year from transfer of risk
- for used goods, rights and claims for defects are generally excluded.
- the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.
8.2 For consumers the limitation period for claims for defects shall be
- for new goods, two years from delivery of goods to the Customer
- for used goods, one year from delivery of goods to the Customer with the limitation of Section .3.
8.3 For entrepreneurs and consumers, the aforementioned limitations of liability and the restrictions of limitation periods in Section 7.1 and Section 7.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 8.
8.4 Furthermore, for entrepreneurs the statuary limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same shall apply for entrepreneurs and consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
8.5 If the Client is a businessperson pursuant to Section 1 of the German Commercial Code (HGB) he/she has the commercial duty to examine and notify defects pursuant to Section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
8.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
8.7 Should supplementary performance be rendered by means of replacement delivery, the Client is obliged to resend the initially delivered goods to the Seller within 30 days at the Seller's expense. For return shipment of deficient goods, statuary provisions shall apply.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
9.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
9.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage unless unlimited liability applies pursuant to Section 8.1. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment on which the Client can regularly rely.
9.3 For the rest the Seller's liability is excluded.
9.4 The aforementioned provisions on liability apply also for the Seller's liability regarding his legal representatives and vicarious agents.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contractor claims from the contract can be assigned to the Client's professional or commercial activities. In any event, however, regarding the aforementioned cases, the Seller is entitled to call the court responsible for the seat of the Client.