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General Terms and Conditions

§ 1 Basic provisions

1. The following terms and conditions apply to contracts that you conclude with us as a provider. (ASMC GmbH) via the website asmc.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation 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 place an order in our store (= binding purchase offer) by going through the following steps:
   2.1 You place the items in the shopping cart by clicking on "Add to cart" without obligation.
   2.2 You can view all the items you have placed in the shopping cart by clicking on "Shopping cart" (button in the navigation bar). Here you can make changes at any time, i.e. delete items or change the quantity.
   2.3 If you want to buy items from your shopping cart, click on "Checkout". This will take you to the order process.
   2.4 In the order process, you first enter your personal data (including delivery and payment address) for registration. If you already have an account, log in with your access data.
   2.5 In the next step of the order process, you select your payment method and shipping method. Click on "Next" to proceed to the next step.
   2.6 Before you submit your order, you will receive an overview of all the data of your planned order (in particular billing and delivery address, product, price, quantity, payment method) on the control page. Here we ask you to check that your details are correct. You can correct or change your order details by clicking on "Change address" / "Change". Please check the box next to "I have read the general terms and conditions and the revocation policy of your store and agree to their validity. "Please note the minimum order value of 20€.The shipping costs are excluded.
   2.7 By clicking on the button "order with obligation to pay" you send your order to us. By doing so, you are offering us the conclusion of a purchase contract. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract.
   2.8 The information about the time of the conclusion of the contract can be found in the corresponding section in the GTC. You can find more information about the ordering process on our help pages.
3. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail 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. In this case, any services already rendered will be refunded immediately.
4. The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
   If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
5. Your requests for a quotation are not binding for you. We will send you a binding offer in text form (e.g. by e-mail), 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 e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Customized goods

1. You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
2. You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this context.
3. We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

§ 4 Right of retention, retention of title

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

§ 5 Warranty

1. The statutory warranty rights apply.
2. In the case of used items, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above restriction shall not apply:
   - for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through 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 goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.

§ 6 Choice of law, place of fulfillment, place of jurisdiction

1. German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
2. The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if 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 unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 7 Protection of minors

1. When selling goods that are subject to the provisions of the German Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
   Existing age restrictions are indicated in the respective item description.
2. By submitting your order, you confirm that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorized by you to receive the delivery who have reached the legally required minimum age receive the goods.
3. If we are obliged by law to carry out an age check, we will instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the minimum age required by law and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
4. Insofar as we indicate in the respective item description that you must be over 18 years of age to purchase the goods beyond the statutory minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the statutory minimum age.

Customer information

1. identity of the seller

 

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr
We are prepared to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the 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 text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

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 terms of payment

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

6. terms of delivery

1. The terms of delivery, the 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 regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, 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 another person designated to carry out the shipment.

7 Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions.
These general terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at https://www.haendlerbund.de/agb-service.

8. code of conduct

Our store www.asmc.de bears the seal of approval EHI Geprüfter Online-Shop. In order to receive this seal, we are regularly checked by the EHI Retail Institute GmbH for compliance with the criteria of the EHI Code of Conduct. You can view the code of conduct at this link: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.

9. e-mail newsletter

If you register for the ASMC newsletter, we will use the data required for this or separately provided by you to regularly send you our e-mail newsletter based on your consent. It is possible to unsubscribe from the newsletter at any time and can be done free of charge either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail 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 subscribing to the newsletter and your right to object

If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right to regularly send you offers for similar products to those you have already purchased from our range by e-mail. This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in a promotional approach to our customers.

11. postal advertising and your right to object

In addition, we reserve the right to use your first and last name and your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by post. This serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in a promotional approach to our customers.
The advertising mailings are sent 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