General Terms And Conditions
Terms and conditions
General Terms of Business
1. Object of agreement
1.1 The following general terms and conditions apply to all delivery business conducted by AIMPLIFY Distribution Inc, Talstr. 12, 99706 Sondershausen, Germany (Seller) with its customers. The general terms and conditions apply to consumers in terms of § 13 German Civil Code unless expressly pointed out that this should apply only to corporate customers. A consumer, as defined according to § 13 of the German Civil Code, shall refer to any natural person who enters into a legal transaction for a purpose that cannot be attributed to either his commercial or independent professional activities.
1.2 The use of different terms and conditions by the Customer are hereby expressly excluded. They will only apply if and to the extent that their application has been expressly agreed.
2. Formation of the contract
2.1 The display of goods on the website of the seller is not an offer for a contract, but rather is an invitation for the customer to submit an offer. This offer does not represent a legally binding offer as a contract by the customer (an order) until the order process in the “shopping cart” section is completed – that is, after the customer data has been entered. The customer always has the option to cancel the order process and make corrections. The seller shall immediately confirm receipt of the order by sending the customer a confirmation-of-receipt email. This acknowledgment does not constitute acceptance of the order.
2.2 In general, the seller’s range of goods only contains goods that are actually available. Nevertheless, in some cases, the seller reserves the right to first check on the availability for orders that have been placed, and will inform the customer immediately and will also immediately refund any payments made by the customer if the ordered product is not available in exceptional cases.
2.3 The contract text will not be saved. The terms and conditions can be viewed at any time on this page. The order information is sent to you by email. After completing the purchase, for security reasons, their order data is no longer accessible over the Internet.
3. Payment conditions
3.1 The customer can choose from among various payment options as long as a certain method of payment has not been specified. The various types of payment options can be viewed on the seller’s website.
3.2 The goods will be shipped only if paid for in advance, unless otherwise agreed. If the goods are shipped with a payment due invoice, the purchase price is due immediately without deduction.
3.3 The customer shall only have the right to offset his account if his counterclaim has been legally established or is undisputed. The customer has the right of retention only against counter claims arising from this contractual relationship.
4. Retention of title
4.1 Goods remain the property of the vendor until the purchase price has been paid in full. The purchaser is responsible for handling the goods carefully until ownership has been transferred to him.
4.2 The buyer must notify the seller immediately in the event of garnishment, bankruptcy, damage to or loss of the goods as well as change of ownership.
5. Delivery, shipping costs
Shipping fees can be calculated on the website’s shopping basket.
6. Paying return costs
6.1 The customer has the legal right of cancellation if the customer is a consumer as defined under § 13 of the German Civil Code. If the customer exercises his right to cancel the purchase of the goods, he is responsible for bearing the cost for returning the goods.
7. Right of Withdrawal for customers
7.1 Applies exclusively to consumers, as defined according to § 13 of the German Civil Code, i.e. any natural person who enters into a legal transaction for a purpose that cannot be attributed to either his commercial or independent professional activities, as follows:
Right of withdrawal
You can cancel your contract within 14 days without giving any reason in writing (e.g. by letter, fax, email) or by returning the goods if the goods are delivered before the deadline. This period begins after receipt of notification in written form, if the goods are delivered, but not before customer takes receipt of the goods (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), and also not before our information obligations have been met in accordance with Article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the Introductory Act of the Civil Code (EGBGB), including our obligations in accordance with § 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 § 3 of the Introductory Act of the Civil Code. The timely dispatch of revocation or return of the goods shall be sufficient to safeguard the period of revocation.
The revocation must be sent to:
AIMPLIFY Distribution Inc.
Fax: +49 3632 828234
Consequences of revocation
In the event of an effective withdrawal, the mutually received benefits must be returned and any benefits (e.g. interest) surrendered. We must be compensated for equal value if you are not able to return the perceived services and/or benefits (e.g. advantages) either wholly or in part, or if you return or surrender them in a worse condition. In the event of deterioration of goods, you must pay compensation only if the deterioration is due to dealing with the goods that extends beyond checking their characteristics and functioning. You only have to pay compensation for derived benefits if you used the product in a way that it was never intended and that goes beyond the way the properties and the item’s function were tested. “Testing the properties and functioning” refers to testing and trying out the goods in a way that is possible and customary in a retail store. Transportable items shall be returned at our risk. You are responsible for paying the costs for return shipment if the goods that were delivered corresponded to the ones you ordered, and if the goods you are returning cost less than €40, or if, in the case of a more expensive item, the customer has not yet carried out the compensating measure of returning the item(s), nor has he made a contractually agreed-upon partial payment at the time he returned the item(s). In all other situations, return shipment is free. Any goods that cannot be sent as a package through the post office will be picked up at your home. Obligations to reimburse payments must be fulfilled within 30 days. For you, this period begins when you send your cancellation or the goods, and for us, this period begins when we take receipt of them.
End of the rights of cancellation
7.2 The right of revocation does not apply to the delivery of goods that are produced according to customer specifications, are clearly tailored to personal needs, or which are not suitable for return due to their condition, which spoil quickly, or whose expiration date has expired. This is especially true in the case of delivery of food after the package has been opened.
8.1 The warranty is based on the statutory provisions.
8.2 When buying used goods, the statute of limitations is 12 months from delivery of the goods.
8.3 Applies exclusively to corporate customers, which follows:
Asserting a warranty claim requires that the customer has properly fulfilled its inspection and complaint obligations in accordance with § 377 of the German Commercial Code. The limitation period for warranty claims is 12 months starting from the transfer of risk. The warranty is exclude as far as it relates to the object of agreement for a used item. This does not apply if there is a guarantee of quality or a liability for fraud.
9.1 The seller is fully liable for all damages in case of intentional or gross negligence, including lack of guaranteed property.
9.2 In the event of minor negligence, the seller bears unlimited liability for injury to life, body or health. If the seller delays performance slightly due to minor negligence, or due to impossibility of circumstances, or where a substantial breach of duty exists, liability is limited to the typical foreseeable damage.
9.3 Moreover, liability is excluded, except for a strict liability under the Product Liability Act.
10. Transfer of risk
10.1 Applies exclusively to corporate customers, which follows: Deliver is “ex works,” unless otherwise agreed.
11. Other provisions
11.1 The assignment of claims requires the seller’s approval.
11.2 German law shall apply to the contractual relationship between the parties to the exclusion of the UN Sales Convention.
11.3 Applies exclusively to corporate customers, which follows: Jurisdiction for all disputes is the location of the seller.