General terms and conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for Assembly/Installation Services
  10. Applicable Law
  11. Place of Jurisdiction
  12. Code of Conduct
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions, hereinafter referred to as “GTC”, of AMBE PARKETT GmbH, hereinafter referred to as “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as “Customer”, with the Seller with regard to 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 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the order process. The Customer may also submit the offer to the Seller by email, online contact form or telephone.

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, such as fax or email, whereby receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time at which one of the above alternatives first 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 the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “PayPal”, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the order process.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, hereinafter referred to as “Amazon”, subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online order process, the Customer also issues a payment order to Amazon by clicking the button that completes the order process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form, for example by email, fax or letter, after the Customer has submitted the order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided 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 generally have a right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

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

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions, such as transfer fees or exchange rate fees, or import duties and taxes, such as customs duties. Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment option or options are communicated to the Customer in the Seller’s online shop.

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

4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal. PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which the Seller makes advance performance to the Customer, such as purchase on account or payment by instalments, the Seller assigns the payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, for example regarding goods, delivery time, shipping, returns, complaints, declarations and returns of withdrawal, or credit notes.

4.6 If a payment method offered via the “Apple Pay” payment service is selected, payment processing is carried out by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, hereinafter referred to as “Apple”. The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller’s online shop. Apple 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 Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.7 If a payment method offered via the “Google Pay” payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, hereinafter referred to as “Google”. The individual payment methods offered via Google Pay are communicated to the Customer in the Seller’s online shop. Google 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 Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.8 If a payment method offered via the “Klarna” payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, hereinafter referred to as “Klarna”. Further information and Klarna’s terms and conditions can be found here:

https://ambeparkett.de/de/content/5-secure-payment

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the transaction. By way of derogation, when selecting PayPal as the payment method, the delivery address stored with PayPal by the Customer at the time of payment shall be decisive.

5.2 For goods delivered by freight carrier, delivery shall be made “free curbside”, meaning to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the original delivery if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set out in the Seller’s withdrawal policy applies in the event that the Customer effectively exercises the right of withdrawal.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or to a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without delay and the consideration shall be refunded without delay.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

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

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
  • for used goods, claims based on defects are excluded;
  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above shall not apply:

  • to claims for damages and reimbursement of expenses by the Customer;
  • in the event that the Seller has fraudulently concealed the defect;
  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
  • to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal basis:

  • in the event of intent or gross negligence;
  • in the event of intentional or negligent injury to life, body or health;
  • on the basis of a guarantee promise, unless otherwise regulated in this regard;
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Conditions for Assembly/Installation Services

If, according to the content of the contract, the Seller owes not only the delivery of goods but also the assembly or installation of the goods at the Customer’s premises and, if applicable, corresponding preparatory measures, such as measurements, the following shall apply:

9.1 The Seller shall perform the services at its own discretion either personally or through qualified personnel selected by the Seller. The Seller may also make use of services provided by third parties, subcontractors, who act on its behalf. Unless otherwise stated in the Seller’s service description, the Customer has no right to choose a specific person to perform the desired service.

9.2 The Customer must provide the Seller with all information required for the provision of the owed service completely and truthfully, unless obtaining such information falls within the Seller’s scope of duties according to the content of the contract.

9.3 After conclusion of the contract, the Seller will contact the Customer to arrange an appointment for the owed service. The Customer shall ensure that the Seller or the personnel commissioned by the Seller has access to the relevant facilities of the Customer at the agreed appointment.

9.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer only upon completion of the assembly work and handover to the Customer.

10) Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

11) Place of Jurisdiction

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

12) Code of Conduct

The Seller has submitted to the Trusted Shops quality criteria, which can be viewed online at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

13) Alternative Dispute Resolution

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