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General Terms and Conditions

§ 1 Basic Provisions

1. The following terms and conditions apply to contracts concluded between you and us as the provider (ASMC GmbH) via the website asmc.de. Unless otherwise agreed, the inclusion of your own terms and conditions is hereby objected to.
2. Consumers within the meaning of the following regulations are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

1. The subject of the contract is the sale of goods.
   Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
2. You order in our shop (= binding purchase offer) by going through the following steps:
   2.1. You add the items to the shopping cart by clicking on "Add to Cart".
   2.2. You can view all items in the shopping cart by clicking on "Shopping Cart" (button in the navigation bar). Here you can make changes at any time, including deleting items or changing quantities.
   2.3. If you want to buy the items in your shopping cart, click on "Checkout". This will take you to the order process.
   2.4. In the order process, you enter your personal data first (including delivery and payment address) for registration. If you already have an account, you log in with your access data.
   2.5. In the next step of the order process, you select your payment method and shipping method. Clicking on "Next" takes you to the next step.
   2.6. Before you submit your order, you will see an overview of all data of your planned order on the review page (especially billing and shipping address, product, price, quantity, payment method). Please check the accuracy of your information. You can correct or change your order data by clicking on "Change Address". Then check the box next to "I have read and agree to the Terms and Conditions and the cancellation policy of your shop."
   2.7. By clicking on the "Place Order" button, you submit your order to us. This constitutes a binding offer to conclude a purchase contract. You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of a contract.
   2.8. Information about the time of conclusion of the contract can be found in the respective section of the Terms and Conditions. More information about the ordering process can be found on our  help pages.
3. Confirmation of receipt of the order immediately follows after submitting the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within two days (= order confirmation). If you have not received a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
4. Acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g., email) in which the execution of the order or delivery of the goods is confirmed (order confirmation).
   If you have not received a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
5. Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.
6. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Customized Products

1. You provide us with the suitable information, texts or files necessary for the individual design of the goods via the online ordering system or by email promptly after conclusion of the contract. Our specifications regarding file formats must be observed.
2. You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted in this context by third parties. This also includes the costs of necessary legal representation in this regard.
3. We do not check the transmitted data for correctness of content and assume no liability for errors in this regard.

§ 4 Right of Retention, Retention of Title

1. You can only exercise a right of retention if it concerns claims from the same contractual relationship.
2. The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

1. The statutory warranty rights apply.
2. For used items, the warranty claims are excluded if the defect occurs after expiry of one year from delivery of the item. If the defect occurs within one year from delivery of the item, the warranty claims can be asserted within the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
   - for damages attributable to us resulting from injury to life, body or health and for damages caused intentionally or by gross negligence;
   - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
3. As a consumer, you are requested to check the item upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier promptly of any complaints. Failure to do so will have no effect on your statutory warranty claims.

§ 6 Choice of Law, Place of Performance, Jurisdiction

1. German law applies. This choice of law applies to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country of the consumer's habitual residence (principle of favorability).
2. The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 7 Youth Protection

1. In the case of the sale of goods subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
   Age restrictions are indicated in the respective item description.
2. By submitting your order, you assure that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obligated to ensure that only you yourself or persons authorized by you to accept delivery who have reached the legally required minimum age can accept the goods.
3. To the extent that we are required by law to carry out age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally required minimum age and, in case of doubt, to have the identity card of the person accepting the goods shown for age verification.
4. To the extent that we specify in the respective item description that you must have reached the age of 18 years for the purchase of the goods, the above paragraphs 1-3 apply with the proviso that majority age must be present instead of the legally required minimum age.

Customer Information

1. Identity of the Seller

 

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/odr. We are willing to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information about the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions.

3. Contract Language, Contract Text Storage

1. The contract language is German.
2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or electronically save.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Conditions

1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the order process, and are to be borne by you additionally, unless free shipping is offered.
3. If the delivery is made to countries outside the European Union, additional costs may be incurred which we are not responsible for, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) which are to be borne by you.
4. You are responsible for any costs of money transfer (transfer or exchange rate fees of banks) in cases where the delivery is made to an EU member state, but the payment is initiated outside of the European Union.
5. The available payment methods are indicated under a correspondingly labeled button on our website or in the respective offer.
6. Unless otherwise stated for the respective payment methods, payment claims arising from the concluded contract are immediately due for payment.

6. Delivery Conditions

1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

7. Statutory Warranty Rights

Statutory warranty rights apply. These terms and conditions and customer information were created by the specialized lawyers of the Händlerbund who specialize in IT law and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found here: https://www.haendlerbund.de/agb-service.

8. Code of Conduct

Our shop www.asmc.de bears the EHI Certified Online Shop seal. To receive this seal, we are regularly audited by EHI Retail Institute GmbH to ensure compliance with the criteria of the EHI Code of Conduct. You can view the code of conduct at the following link: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.

9. Email Newsletter

If you subscribe to the ASMC newsletter, we will use the data required for this or separately provided by you to regularly send you our email newsletter based on your consent. You can unsubscribe from the newsletter at any time, free of charge, either by sending a message to the contact option described below or via a dedicated link in the newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

10. Email Advertising without Newsletter Registration and Your Right to Object

If we receive your email address in connection with the sale of a product or service and you have not objected to this, we reserve the right to regularly email you offers for similar products from our range that you have already purchased. This serves the protection of our predominant legitimate interests in the context of a weighing of interests in addressing our customers for promotional purposes.

11. Postal Advertising and Your Right to Object

In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send interesting offers and information about our products by letter post. This serves the protection of our predominant legitimate interests in the context of a weighing of interests in addressing our customers for promotional purposes.
The advertising materials are provided as part of processing on our behalf by a service provider to whom we pass on your data for this purpose.
You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described below.

 

Last updated on: 12.01.2024