GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
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1. Scope

(1) These General Terms and Conditions apply to the sale of goods by Arkadius and Marco Koll 22AMPS™ GbR, Heinrich-Walter-Straße 4, 65428 Rüsselsheim (hereinafter referred to as “ we ” or “ us” ) to the customer (hereinafter referred to as “ customer ” or “ you ” ) in our online shop.

(2) Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.

2. Distinction between entrepreneurs and consumers

(1) Some provisions of these Terms and Conditions do not apply to all customers, but only to consumers or only to businesses. Where this is the case, this is specifically indicated at the relevant point in these Terms and Conditions.

(2) “ Consumer ” within the meaning of these General Terms and Conditions is, in accordance with the legal definition in Section 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor to his independent professional activity.

(3) “ Entrepreneurs ” within the meaning of these General Terms and Conditions are, in accordance with the legal definition in Section 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into business relations with us in the exercise of their commercial or independent professional activities.

3. Customer account

(1) To make using the online shop more convenient, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, as confidential and to inform us immediately in the event of loss or unauthorized use of your access data.

4. Conclusion of contract, contract language

(1) Only when you order the goods and/or services is a binding offer to conclude a corresponding contract. To place the order, place the selected goods in the shopping cart, go through the further ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct it if necessary. Only when you send the order do you give us a binding offer to conclude a contract.

(2) We can accept your offer within two days by

Sending an order confirmation by post, fax or email,
Delivery of the goods or
Request for payment

accept; the decisive factor for compliance with the deadline is the time of receipt of our order confirmation, goods or payment request by you.

(3) The contract language is German.

5. Storage of the contractual provisions

We save the contractual provisions, i.e. the order data and these General Terms and Conditions. You can print out or save the contractual provisions by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The order data is included in the order overview that is displayed in the last step of the order. The contractual provisions, including the General Terms and Conditions, are also included in the order confirmation email that we send you if your order is accepted.

6. Delivery disruptions

If an ordered item cannot be delivered because our supplier does not deliver despite their contractual obligation through no fault of our own, we are entitled to withdraw from the contract. In this case, we will immediately inform the customer that the ordered goods are no longer available and will immediately refund any services already provided.

7. Payment

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

8. Retention of title

(1) The following applies to consumers:

The product delivered by us remains our property until full payment has been made (reserved goods).

(2) The following applies to entrepreneurs:

We retain title to the goods subject to retention of title until all payments from the business relationship with the customer have been received. We undertake to release our securities at the customer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we will select the securities to be released.

The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; however, he hereby assigns to us all claims arising from the resale.

9. Claims for defects (warranty)

(1) The following applies to consumers:

The statutory warranty provisions apply to our warranty obligations.

(1) The following applies to entrepreneurs:

If the customer is a merchant within the meaning of Section 1 of the German Commercial Code, he must inspect the goods immediately upon receipt. Any obvious defects must be reported to us in writing immediately upon receipt of the goods or - if the defect only becomes apparent later - immediately upon discovery. To preserve the customer's rights, it is sufficient to send the notification in a timely manner. If this does not happen, the goods are deemed to have been approved. This does not apply if we have fraudulently concealed the defect.

If there is a defect in the purchased item, we will initially provide a warranty by means of subsequent performance, either in the form of remedying the defect or providing a replacement, at our discretion. If subsequent performance fails, the customer is entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract.

Claims by the buyer due to material defects expire one year after delivery of the purchased item to the customer. Excluded from this are claims for damages by the buyer that are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or are due to gross negligence on our part or that of our vicarious agents; the statutory limitation period applies to these claims.
If the goods are a building or an item that has been used for a building in accordance with its usual use and has caused its defectiveness, the limitation period is 5 years from delivery in accordance with the statutory provisions.

10. Disclaimers and limitations of liability

Our liability for damages is as follows:

(1) In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health.

(2) In the case of negligently caused material damage and financial loss, we shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable at the time the contract was concluded and was typical for the contract; material contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.

(3) Otherwise, any liability on our part, regardless of the legal basis, is excluded.

(4) The exclusions and limitations of liability in the above paragraphs (1) to (3) also apply mutatis mutandis to our vicarious agents.

(5) Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).

11. Choice of law, place of jurisdiction

(1) The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law applies to a consumer only to the extent that it does not restrict any mandatory legal provisions of the state in which he has his domicile or habitual residence.

(2) The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer's registered office :

RIGHT OF WITHDRAWAL

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Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us - Arkadius and Marco Koll 22AMPS GbR, Heinrich-Walter-Straße 4, 65428 Rüsselsheim, - by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not apply, among other things, to contracts

for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely, among other things, in the case of contracts

for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

Attachment: Sample cancellation form

CANCELLATION FORM

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Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To Arkadius and Marco Koll 22AMPS GbR, Heinrich-Walter-Straße 4, 65428 Rüsselsheim:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

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– Ordered on (*)/received on (*)

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– Name of the consumer(s)

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