Terms & Conditions
1. Scope of Application
The following terms and conditions apply to all orders placed by consumers and businesses via AMP Studio Heidrun Förster E.K.’s online-shop.
Consumers are natural persons who conduct legal transactions for purposes that are predominantly unrelated to their commercial or personal professional occupation.
Businesses are natural or legal persons, or a legally responsible joint partnership, who conduct legal transactions for purposes predominantly related to the exercise of their commercial or personal professional occupation.
With respect to businesses, the terms and conditions apply to all future business relations with AMP Studio Heidrun Förster E.K. without further explicit notice. If the business uses contradictory or complementary terms and conditions, their application is hereby dismissed. Contradictory or complementary terms and conditions only become an integral part of the contract if AMP Studio Heidrun Förster E.K. explicitly agrees to them.
2. Contractual partners, Contract formation
The purchase agreement is concluded with AMP Studio Heidrun Förster E.K.
The depiction of products online does not represent a legally binding offer but solely presents a nonbinding online catalog. Products can be placed in the shopping cart without any commitment and entries can be amended at any time before placing the legally binding offer by using corrective support measures that are provided and annotated during the order process. Clicking the order button places a legally binding offer for all goods contained in the shopping cart. The confirmation of receipt of your order is sent to you via email immediately after submitting the order.
The point in time at which the contract with AMP Studio Heidrun Förster E.K. is concluded depends on the selected payment method:
Payment on Delivery, Credit Card
AMP Studio Heidrun Förster E.K. accepts your offer by sending a separate declaration of acceptance via email or by delivering the goods within two days.
PayPal
During the order process you will be redirected to the website of the online provider PayPal where you can enter your payment information and confirm the payment instructions with PayPal. After the placement of the order via our online shop, AMP Studio Heidrun Förster E.K. requests PayPal to initiate the payment transaction and thereby accepts your offer.
Payment on collection
AMP Studio Heidrun Förster E.K. accepts your offer by sending a separate declaration of acceptance via email within two days.
3. Contract language, Storage of the text of the contract
Languages available for the contract formation are German and English.
AMP Studio Heidrun Förster E.K. stores the text of the contract and serves you the order details and the terms and conditions by email. The text of the contract can be viewed on the customer-login page.
4. Delivery terms
Delivery costs are added to listed product prices. Details regarding the amount of delivery costs are specified during the order process.
Generally it is possible to collect your order at AMP Studio Heidrun Förster E.K., Niersstr. 19, 47169 Duisburg, Germany during the following business hours: 9:00 am – 04:00 pm.
AMP Studio Heidrun Förster E.K. does not deliver to packing stations.
5. Payment
Payment on Delivery
You pay the purchase price directly to the delivery agent. There are no additional costs for this.
Credit Card
By placing your order you simultaneously submit your credit card details to AMP Studio Heidrun Förster E.K.
After legitimizing you as the rightful card owner, AMP Studio Heidrun Förster E.K. requests your credit card company to initiate the payment transaction after you receive your order. The payment transaction is automatically conducted by the credit card company and your card is automatically debited.
PayPal
During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount with PayPal you have to be registered or register with PayPal, prove your identity with your access data, and confirm the payment instruction to AMP Studio Heidrun Förster E.K. After the placement of the order via our online shop, AMP Studio Heidrun Förster E.K. requests PayPal to initiate the payment transaction. The payment transaction is immediately and automatically conducted by PayPal. You will receive further directions during the ordering process.
Payment on collection
You pay the invoice amount on collection in cash.
6. Reservation of ownership
The goods remain the property of AMP Studio Heidrun Förster E.K. until full payment of the invoice amount.
Additional terms and conditions for businesses: AMP Studio Heidrun Förster E.K. reserves the ownership of the goods until full settlement of all receivables from an ongoing business relation. Goods subject to retention of title can be resold in the course of ordinary business operations; you assign AMP Studio Heidrun Förster E.K. all receivables arising from this resale in the amount of the invoice – irrespectively of a conjunction or mixture of the goods subject to retention of title with a new article – and AMP Studio Heidrun Förster E.K accepts this assignment of debt. You remain authorized to collect receivables, however, AMP Studio Heidrun Förster E.K may also collect receivables if you do not meet your payment obligations.
7. Shipping damages
For consumers, the following applies:
If goods are delivered with obvious shipping damages, please make a complaint to the delivery agent about such flaws immediately and contact AMP Studio Heidrun Förster E.K promptly. Failure to make a complaint or contact us does not entail consequences with regard to your legal claims and their implementation, specifically your warranty rights. However, you help AMP Studio Heidrun Förster E.K. to enforce our legal claims against the carrier or the transport insurance.
For businesses, the following applies:
The risk of accidental destruction and of accidental deterioration is transferred to you when AMP Studio Heidrun Förster E.K. has delivered the article to the carrier or an alternative person or agency assigned to perform the shipment. Amongst traders, the duty to inspection and objection as specified in § 377 German Commercial Code applies. If you refrain from the regulated complaint, the goods are regarded as approved except in case of flaws that were not noticeable during the inspection. This does not apply if AMP Studio Heidrun Förster E.K. fraudulently conceals a flaw.
8. Warranties and Guarantees
Unless hereinafter specifically declared differently, the statutory warranty right applies. For consumers, the limitation period for warranty claims in case of used articles spans one year after delivery of the goods.
For businesses, the limitation period for warranty claims spans one year after transfer of risk; the statutory limitation periods for claims under the right of recourse as specified in § 478 German Commercial Code are unaffected.
With respect to businesses, only AMP Studio Heidrun Förster E.K.’s information and the manufacturer’s product specifications included in the contract are considered for agreements regarding the properties of the goods; AMP Studio Heidrun Förster E.K. does not assume liability for public claims of the manufacturer or other advertising claims.
If the delivered article is defected, AMP Studio Heidrun Förster E.K. safeguards, at our own option, by remedying the defect (subsequent improvement) or by delivering a defect-free article (substitute delivery).
The preceding limitations and time limitations do not apply in case of damage claims caused by AMP Studio Heidrun Förster E.K., our legal representatives or our performing agents,
In case of injury to life, body and health,
In case of intentional or grossly negligent breach of duty as well as deceit,
In case of breach of major contractual obligations that are indispensable for the proper execution of the contract and on which the contractual partner regularly relies (cardinal duties),
Within the scope of a guarantee commitment, if agreed upon,
If the scope of application of the German Product Liability Act takes effect.
Information regarding possibly applicable additional guarantees and their specific conditions can be found with the respective product presentation and on special information pages in AMP Studio Heidrun Förster E.K.’s online-shop.
9. Liability
In case of damages caused by AMP Studio Heidrun Förster E.K., our legal representatives or our performing agents,
In case of injury to life, body and health,
In case of intentional or grossly negligent breach of duty,
In case of guarantee commitments, if agreed upon, or
If the scope of application of the German Product Liability Act takes effect, we accept unlimited liability.
In case of breach of major contractual obligations that are indispensable for the proper execution of the contract and on which the contractual partner regularly relies (cardinal duties) caused by slight negligence on the part of AMP Studio Heidrun Förster E.K., our legal representatives or our performing agents we accept liability limited to the typical damage that could be anticipated at conclusion of the contract.
Other than that, claims for damages are precluded.
10. Settlement of disputes
The European Commission provides a platform for online-settlement of disputes (OS), which can be accessed via https://ec.europa.eu/consumers/odr/.
AMP Studio Heidrun Förster E.K. is willing to participate in extrajudicial arbitration procedures organized by a consumer arbitration service.
The competent consumer arbitration service is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. Final provisions
For businesses, terms and conditions are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
For merchants in the sense of the German Commercial Code, legal entities of public law or of special funds under public law, the competent court of jurisdiction for all disputes arising from contractual relations between you and AMP Studio Heidrun Förster E.K. is our registered office.