Terms and consumer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts, which close with us as a supplier (armardi GmbH & Co. KG) via the website www.armardi.de. Unless otherwise agreed, the inclusion of which might be used by you own conditions is contradicted.
(2) Consumers in terms of the following regulations is every natural person who enters into a legal transaction for purposes which can be attributed mainly neither commercial nor its independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Formation of Contract
(1) Subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You may submit a binding offer to purchase (order) via the online shopping basket system.
The purchase of goods intended to be placed in the "basket". About the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and the input of personal data and the payment and shipping terms all order data are displayed on the order summary page concludes again.
As far as the emergency number system "PayPal - Express" use by clicking on the correspondingly marked in the shop system integrated button, you will log-in page of PayPal redirected to. After successful registration your deposit with PayPal address and account details are displayed. Click the "Next" you will be redirected back to our Online Shop on the order summary page.
Before submitting the order you will have the opportunity here to check all the details again to change (also using the "back" of the Internet browser) or cancel the purchase.
"Buy" By sending the order via the button, enter a binding offer from us.
(3) The acceptance of the offer (and therefore the contract) takes place immediately after the order by confirmation in writing (eg e-mail) in which you carry out the order or delivery is confirmed the goods (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. If necessary services already rendered will be refunded immediately in this case.
(4) Your requests for the creation of an offer are not binding for you. We submit this a binding offer in writing (eg e-mail), which you can accept it within 5 days.
(5) The completion of the order and submission of all necessary information in connection with the contract shall be concluded by e-mail automated. They have, therefore, ensure that you stored in your e-mail address is correct, the receipt of e-mails will be assured by technical means and especially not prevented by spam filters.
§ 3 Special arrangements for payment methods offered
(1) statements about buying paymorrow
For payment on account (invoice purchase over paymorrow) the ordered goods together with the invoice sent or delivered to you. The purchase price is due within 21 (twenty) calendar days after the invoice date.
§ 4 retention, retention of title
(1) A lien can only exercise if it is receivable from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you an entrepreneur, the following also applies:
a) We reserve the title to the goods until the complete settlement of all claims before from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will enter all claims in the amount of the invoice that will accrue from the resale, to us, we accept the assignment. They are also authorized to collect the debt. Unless you meet their payment obligations properly, we reserve the right, however, to collect the debt itself.
c) When connecting and mixing of the goods we acquire joint ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of securities to be released lies with us.
§ 5 Warranty
(1) There are the statutory warranty rights.
(2) For used goods, the warranty period deviating from the statutory scheme one year after delivery of the goods. The one year warranty period does not apply to us attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith of the supplier, as well as recourse under §§ 478, 479 BGB.
(3) If you are a business, by way of derogation from paragraph 1:
a) As a condition of the goods are only our own specifications and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due attention to the quality and quantity variances and obvious defects to us in writing within 7 days of receipt of the goods, the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects from discovery. In case of violation of investigation and reprimand the assertion of warranty claims is excluded.
c) We shall remedy defects at our discretion by repair or replacement. Fails to remedy the defect, you can demand reduction or withdraw from the contract as per your choice. The remedial measures shall apply after an unsuccessful second attempt as failed if it does not appear from the nature of the item or the defect, or other circumstances. In case of repair, we need not to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened period of warranty does not apply to us attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith, as well as recourse under §§ 478, 479 BGB.
§ 6 Liability
(1) We shall be liable without limitation for each damage arising from injury to life, limb or health. Next, we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, on the takeover of guarantee for the condition of the purchased item and in other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding provision in our customer information (Part II) and general terms and conditions (Part I).
(3) If substantial contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations, the contract imposes on us in his content to the purpose of the contract, make the fulfillment of the proper execution of the contract at all possible and on compliance You can rely on a regular basis.
(4) In case of breach of minor contractual obligations, liability is excluded for slight negligence.
(5) Data communication via the Internet can be guaranteed at the current state of the art is not error-free and / or available at all times. We shall be liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there.
§ 7 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer will not be withdrawn (favourability).
(2) performance for all aspects of the business as well as existing jurisdiction with us is our headquarters, where they are not consumers, but a merchant, legal entity under public law or public special assets. The same is true if you have no general jurisdiction in Germany or the EU or domicile or habitual residence at the time the action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of the CISG expressly not apply.
II. Customer Information
1. Identity of the seller
armardi GmbH & Co. KG
The European Commission provides a platform for the extrajudicial online dispute resolution (ODR platform) ready callable under http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction carried out in accordance with § 2 of our general terms and conditions (Part I).
3. Contractual Language, contract text storage
3.1. Contract language is German.
3.2. The full text of the contract will not be saved by us. Before sending the order through the online - shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order with us, the order data, the information required by law for distance contracts and the general terms and conditions are again sent via email to you.
3.3. For quotation requests outside the online shopping cart system will give you all contract data sent within the framework of a binding offer by e-mail, which you can print or save electronically.
4. Main features of the product or service
The essential characteristics of the goods and / or services can be found in the article description and additional information on our website.
5. Price and Payment Methods
5.1. The reasons given in the respective offer prices and shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly labeled button on our website or in the respective product description, are reported separately during the ordering process and are payable by you in addition, unless the shipping charge delivery is promised.
5.3. The you have available methods of payment are reported under a correspondingly labeled button on our website or in the respective product description.
5.4. Insofar as the individual payment methods indicated otherwise, the payment claims from the completed contract immediately due for payment.
6.1. The delivery, the delivery date and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in the respective product description.
6.2. Unless you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur, supply and shipment is at your risk.
7. Statutory warranty rights
7.1. The warranty for our goods is governed by the rules "Warranty" in our terms and conditions (Part I).
7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and damages and advise us and the shipper complaints as quickly as possible. Come fails to do, this does not affect your statutory warranty claims.
These terms and conditions and customer information have been created by the specialized in IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees for the legal security of the texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
Last updated: 01.18.2016