1. Scope and Provider
These general terms and conditions apply to all orders placed by consumers (§ 13 BGB) via the online shop
AMARIS Elements GmbH
Gänsemarkt 21-23
20354 Hamburg
Germany
(hereinafter "Amaris")
District Court of Hamburg
HRB 138774
Submit VAT ID: DE30342093.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number +49 (0) 40 / 20 91 09 28 or by email at info@amariselements.com.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Conclusion of contract
The purchase contract is concluded with AMARIS Elements GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. 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 aids provided and explained 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.
2.1 The product presentations in the online shop are used to submit a purchase offer. By clicking the "Send order" button in the last step of the ordering process, you submit a binding purchase offer.
2.2 Input errors: Before sending the order, the customer can view and change the data at any time and correct input errors.
2.3 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods within two days. The receipt of the order is confirmed by an automated e-mail immediately after the order has been sent and does not yet represent acceptance of the contract.
2.4 If our order confirmation contains typographical or printing errors, or if our price determination is based on transmission errors due to technical reasons, we are entitled to appeal, whereby we have to prove our error to you. Payments already made will be refunded to you immediately.
2.5 The contractual provisions with information on the ordered goods and/or booked services, including these general terms and conditions and the cancellation policy, will be sent to you by e-mail with the acceptance of the contract offer or with the notification of this. We do not store the contractual provisions.
3. Prices
The prices stated on the product pages include the statutory VAT and other price components and do not include postage.
4. Shipping Costs
4.1 Transport is free of charge.
4.1.1 Free transport includes curbside delivery with no additional handling.
4.1.2 For sofa deliveries (weight >70kg) we recommend booking the all-round carefree package for €69.00. This includes both transport to the desired location and taking the packaging material with you.
4.2 Deliveries to non-EU countries incur additional duties, taxes and fees.
4.3 For deliveries to Switzerland, the following conditions also apply:
4.3.1 The goods are calculated exclusively at net prices. The 19% VAT that is required in Germany does not apply. You pay the freight forwarder who delivers the goods to you the 8.0% VAT that is applicable in Switzerland. are mandatory.
4.3.2 All customs formalities are taken care of by us. Any applicable duties such as customs, import tax, etc. must be paid by you.
5. Terms of delivery and reservation of self-supply
5.1 Delivery takes place within Germany. In addition, Austria, Luxembourg, the Netherlands, Belgium, the Czech Republic, Poland, Slovakia, Italy, Spain, France and Switzerland are an integral part of the delivery area. Europe-wide deliveries beyond these countries are made by individual agreement.
5.2 The delivery time within Germany is 4-5 working days for available goods. For deliveries to all other above-mentioned countries, the delivery time is approx. 3-7 working days longer. For goods to be ordered, the delivery time is specified individually.
5.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
5.4 If delivery of the goods fails despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.
5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not want a comparable product to be delivered, we will immediately reimburse you for any services already rendered.
6. Terms of Payment
6.1 Payment can be made either in advance, by credit card (American Express, Master Card, Visa Card), Maestro Card, Klarna (purchase on account), Klarna (payment in installments), Apple Pay, Google Pay or PayPal.
6.1.1 If you select the payment method advance transfer / advance payment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 7 days.
If we cannot determine that payment has been received on our account during this time, we will unfortunately have to cancel your order and release the reserved goods.
6.1.2 Payment by credit card
In the ordering process you enter your credit card details. Your card will be charged immediately after placing the order.
1. Please enter your credit card details on our secure payment page in the third step of the order shipping & payment.
2. The data is then sent directly from the SSL-encrypted system to the credit card company.
3. After a successful credit card check, the invoice amount will initially be reserved on your credit card and only automatically debited as soon as the goods leave our premises. Due to this automated process, the correctness and security of the transaction can be guaranteed.
After the transaction has been completed, we will process your order within the delivery period specified under § 5. Note: Credits from returns will be credited back to your credit card.
We accept the following credit cards: Visa Card, Master Card, American Express
6.1.3. Payment via PayPal
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
6.1.4 Payment by Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
6.1.5 Payment via Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
6.1.6 Payment via Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
6.1.7 Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is EUR 6.95.
6.2 If you are in arrears with payment, the purchase price shall be subject to interest at a rate of 5% above the base interest rate during the period of arrears. We reserve the right to prove and claim higher damages caused by delay.
6.3 You only have the right to offset if your counterclaims have been legally established by a court or are undisputed or have been recognized by us in writing.
6.4 From the 2nd reminder level, all discounts and discounts granted to you will become invalid and will be invoiced separately.
6.5 You can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The goods remain the property of AMARIS Elements GmbH until full payment. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without our consent.
8. Right of Withdrawal
RIGHT OF CANCELLATION
You have the right to withdraw from this contract within 30 days without giving any reason.
The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us, AMARIS Elements GmbH, Gänsemarkt 21-23, 20354 Hamburg, telephone number +49 (0) 40 / 20 91 09 28, email: info@amariselements.com by means of a clear statement (e.g. an letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 30 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
You have the goods immediately and in any event not later than 30 days from the day on which you inform us of the cancellation of this contract
AMARIS Elements, Gänsemarkt 21-23, 20354 Hamburg
to be returned or handed over.
When returning freight forwarding goods, please contact us by email info@amariselements.com or by phone +49 (0) 40 / 20 91 09 28
This deadline is met if you send back the goods before the period of 30 days has expired.
We bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF REVOCATION
NOTE:
However, the right of withdrawal does not apply to contracts for the delivery of goods that are manufactured according to customer specifications (entering meta information, removing background noise).
The right of withdrawal expires in the case of a service if the contract has been fully performed by both parties at the express request of the consumer before the consumer has exercised his right of withdrawal.
Sample cancellation form:
If you want to revoke the contract, please fill out this form and send it back.
AMARIS Elements GmbH,
Gänsemarkt 21-23,
20354 Hamburg,
Telephone number +49 (0) 40 / 20 91 09 28
Email: info@amariselements.com
2. I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/the provision of the following service:
_____________________________________________________________________
_____________________________________________________________________
(Name of the goods/service, order number and price if applicable)
Ordered on: __________________
(Date)
Received at: ___________________
(Date)
Name, address of the consumer:
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
Date:_________________
________________________
Customer signature
9. Warranty
The legal warranty right applies.
9.1 Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
* in the event of injury to life, limb or health
* in the case of intentional or grossly negligent breach of duty and fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* as part of a guarantee promise, if agreed, or
* as far as the area of application of the Product Liability Act is open.
Restrictions on Entrepreneurs
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
regulations for merchants
The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
10. Damage in transit
10.1 If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible on the service telephone +49 (0) 40 / 20 91 09 28 or by email at info@amariselements.com on.
10.2 The failure to make a complaint or contact us has no consequences whatsoever for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
11. Liability
We exclude our liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents.
12. Dispute Participation
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
13. Final Provisions
Should a provision of these General Terms and Conditions be ineffective, the rest of the contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.
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.
Valid from March 2022
Terms and Conditions created with the Trusted Shops [https://legal.trustedshops.com/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].