Terms and Conditions - AMaronics - Home Automation

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General Terms & Conditions
  1. Contracting Partner
Online Shop provider and the customer's contractual partner is:

AMaronics UG (haftungsbeschränkt)
represented by its Managing Director Ahmed Marei
Address: Seubertstrasse 2, 70374 Stuttgart
Tel: +49 711 912 813 83
E-mail: info[at]amaronics[dot]com

Trade Register: Amtsgericht Stuttgart
Trade Register No: HRB 758069
VAT Identification No.: DE308530603

  1. Contractual object
Contractual object is the sale of new goods in the field of electronics via the provider’s online shop or email. The details of each offer will be found on the order page.

  1. Conclusion
Contracts can be concluded via the provider‘s online shop or via e-mail. The presentations of the provider‘s products in the online shop shall not be considered binding offers but an invitation to persons of legal age and capacity to order goods. The provider can decide to accept the offer.

The order process within the shop system includes the following steps:
 Selection of the product with the desired specifications (colour, quantity)
 Adding the product to the shopping cart
 Selection of the shipping and payment methods
 Input of the billing and shipping address
 Review and editing of the order
 Order confirmation by clicking the „Buy now“ button
 Acknowledgement of receipt by e-mail

The order process by email includes the following steps:
 Sending the order request by email
 Confirmation email about order entry and payment information
The provider shall send the customer an acknowledgement of receipt by e-mail immediately upon receiving the offer. In case the provider does not accept the offer he will inform the customer by e-mail within two days of receiving the order. Otherwise the acceptance of the order and the sales contract are completed.

  1. Retention of Title
The goods delivered remain property of the provider until full payment is made by the customer.

  1. Prices, Shipping Costs, Return Costs
All prices shown in the online shop are inclusive of statutory value-added tax ("VAT"). Additionally, the provider charges shipping costs, which are displayed in the shopping cart. In the event of revocation, the customer shall bear the costs of the return delivery.

  1. Payment
The customer can pay in advance by bank transfer or by using the payment service PayPal.
In the end of the ordering process the order amount will be displayed and also included in the confirmation email. The invoice amount must be transferred to the bank account of the provider within 14 days from ordering the goods without deductions.

If the customer does not pay within the payment period, which is determined by calendar date, he will be in default without further reminder. The customer's right of
retention is excluded if it is not based on the same contractual relationship. The customer shall not be entitled to exercise a right of set-off, unless counter-claims
are undisputed or recognized with legal finality. By paying with Paypal the customer’s payment will be forwarded to the provider. The customer will find more information about the payment process on Paypal’s website to which he will be redirected to pay.

  1. Delivery Conditions
The goods will be sent latest 2 days after receipt of payment, unless the customer pre-ordered a product. In case of preorders the product will be delivered within the specified time period stated on the order page. The customer will receive an e-mail at least one week prior to the shipping with the detailed shipping time.
Usual delivery times within Germany are 3 working days, unless stated otherwise on the order page. For shipments to other countries the delivery times will be indicated separetely on the order page and in the shipping confirmation.

Disturbances in the provider’s business operations caused through no fault of the provider, such as strike, delivery delays or non-delivery by suppliers, lockout, and cases of force majeure that are due to an unforeseeable event for which the provider is not at fault, shall give the customer and the provider the right to cancel the contract. In the event of such disturbances the customer will be informed immediately by email and payments already made will be refunded.

  1. Customs
When ordering products for delivery outside of the EU the customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the customer; the provider has no control over these charges. Customs policies vary widely from country to country, so the customer should contact his local customs office for further information. Additionally, please note that when ordering, the customer is considered the importer of record and must comply with all laws and regulations of the country in which he is receiving the products. The customer‘s privacy is important to the provider and he would like his international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

  1. Warranty
For the offered products the customer has statutory warranty rights in accordance with the relevant provisions of the German Civil Code. If the provider deviated from them in another manner, the warranty acts upon the following regulations of the Terms & Conditions. The provider may choose between a new delivery and rectification of defects of a new product if the customer is a company. If the customer is a company, warranty for the sale of second hand articles is not covered, unless it is concerning injury of life, body or health or culpable infringement of essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered. Moreover, this does not apply to claims of damages, which are based on intent or gross negligence on the part of the provider or his employees', workers', staff's, representatives' and vicarious persons. In other respects, the statutory regulations shall apply.

  1. Contract arrangement
The wording of the contract consisting of the details of the order will be stored and sent to the customer along with the order confirmation. The Terms & Conditions can be seen at the provider’s website www.amaronics.com/en/termsandconditions or in the online shop. The customer has the option to correct errors in his entry in the end of the ordering process by using the „edit“ or „back“ button.

  1. Right of revocation
Revocation instruction
The customer has the right to withdraw from the contract within 14 days without stating any reason. The withdrawal period will expire after 14 days from the day
  • In case of one contract of sale: the customer or a third party nominated by him and who is not the carrier received the good(s).
  • In case of a contract of sale with several goods that the customer ordered together and that were delivered separately:  the customer or a third party nominated by him and who is not the carrier received the last part of the partial shipment.
  • In case of a contract of sale for regular supply of goods within a determined period: the customer or a third party nominated by him and who is not the carrier received the first good(s).

Should several alternatives occur together, the last date is relevant.
In order to exercise the right of revocation, the customer shall inform the provider (AMaronics UG (haftungsbeschränkt), Ahmed Marei, Seubertstrasse 2, 70374 Stuttgart, +49 711 912 813 83, info[at]amaronics[dot]com) of his decision to withdrawal from the contract by means of an unequivocal declaration (for example in a letter or by email). For this, the customer may use this withdrawal form although it is not a strict requirement.
It shall be deemed sufficient for compliance with the withdrawal term, if the customer dispatches the notification of exercising the right of revocation before the withdrawal term has expired.

Consequences of withdrawal:
When the customer withdraws from the contract, the provider is obligated to refund all of the payments that he has received from him, including delivery costs (except additional costs resulting from the customer’s desicion to use a different delivery method than the cheapest standard method the provider offers), without any undue delay and within no more than 14 days after receipt of the notification of withdrawal. For this refund the provider will use the same payment that the customer used for the original transaction, unless expressly agreed otherwise; the provider will not charge any fees on the basis of the refund. The provider may refuse to make the refund until he has received back the goods or until the customer has provided evidence that he has sent back the goods, whichever is earlier.
The customer is obliged to return the goods without any undue delay and in any event within no more than 14 days after the date on which he notified the provider of the withdrawal to AMaronics UG (haftungsbeschränkt), Ahmed Marei, Seubertstr. 2, 70374 Stuttgart. The deadline will be upheld provided the goods have been dispatched within 14 days of the notification. The customer shall bear the direct costs for the return of the goods and is responsible for the secure packaging.
The customer is only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on the customer‘s part to test the condition, features and mode of operations of the goods.

End of the information about the right of revocation

  1. Exclusion of Liability
Compensation claims from the customer are ruled out except for the subsequent reasons. This shall also apply to the provider's employees', workers', staff's, representatives' and vicarious persons. Apart from the exclusion of liability are compensation claims by the customer concerning injury of life, body or health or culpable infringement of essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered. Moreover, the exlusion of liability does not apply to claims of damages, which are based on intent or gross negligence on the part of the provider or his employees', workers', staff's, representatives' and vicarious persons.

  1. Assignment and pledge ban

Rights or claims of the customer against the provider cannot be pledged nor assigned without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.

  1. Governing Law/Jurisdiction
The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. Place of jurisdiction is the location of the provider for customer’s that are not a consumer within the meaning of § 13 BGB, not a legal entity under public law or not a special fund under public law.

  1. Data privacy
In the course of shopping in the online shop or buying via e-mail personal data will be collected, stored and processed by the provider for the purposes of the completion and execution of the contract, i.e. to process the order and payment and to deliver ordered goods. The provider will handle the customer‘s data responsibly and manage it adhering to applicable laws. He will not transfer personal data to third parties without the expressed consent of the customer, unless he is legally obliged. The provider employs other companies and individuals to perform functions on his behalf to fulfil orders, deliver packages and process payments. They have access to personal information needed to perform their functions and must process it following applicable data protection laws and may not use it for other purposes. If the customer chooses to pay with Paypal his payment details will be passed to Paypal.
Due to trade and tax retention periods the provider may store data up to 10 years.

During the visit of the provider’s website anonymous data from the visitor will be temporarily stored such as IP address, date and time, browsed web page, browser version in use and operating system. These data do not allow any conclusions to be drawn about personalised data. The customer has a right to receive information about his data stored and where required a right to rectification, blocking or erasure of his data within the framework of the statutory provisions. For this purpose he can contact: AMaronics UG (haftungsbeschränkt), Ahmed Marei, Seubertstr. 2, 70374 Stuttgart, +49 711 912 813 83, info[at]amaronics[dot]com.

  1. Severability clause
In case any provision in this terms and conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

© AMaronics 2017
© AMaronics 2017
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