General Terms and Conditions
1. Scope
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.
Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
In relation to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed.
2. Contractual Partner, Conclusion of Contract
The purchase contract is concluded with Amarella Trading e.K.
With the placement of the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. Terms of Delivery
In addition to the stated product prices, shipping costs will be added. You will find more details about the amount of the shipping costs at the offers.
You have in principle the possibility of collection at Amarella Trading e.K., Hans-Thoma-Strasse 20, 68163 Mannheim, Germany during the following business hours: Monday to Friday from 8:00 am to 5:00 pm except on holidays. Please inform us at least two working days before your pickup so that we can provide the goods from our warehouse.
We do not deliver to packing stations.
5. Payment
In our store, the following payment methods are generally available to you:
Prepayment
If you select the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
6. Retention of Title
The goods shall remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves, as long as you do not meet your payment obligations.
7. Transport Damage
For consumers, the following applies:
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in ยง 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
The statutory law on liability for defects applies. Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.
9. Liability
For claims based on damage caused by us, our legal representatives or agents, we are always liable without limitation
for injury to life, limb or health,
for intentional or grossly negligent breach of duty,
for warranty promises, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with the Trusted Shops legal text in cooperation with Wilde Beuger Solmecke Attorneys.
12. Promotions, discounts & vouchers
Promotions and discount vouchers cannot be combined with other promotions / vouchers.