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TERMS AND CONDITIONS & CUSTOMER INFORMATION
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Amino Pull) via the website www.amino-pull.com. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. 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 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract period/termination of subscription contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by both parties with a notice period of 3 weeks to the end of the month (unless otherwise stipulated in the respective offer). The cancellation must be made in text form (e.g. e-mail).
(2) The right to termination without notice for important reasons remains unaffected.
§ 4 Special agreements on offered payment methods
(1) Credit Check
If we make advance payments, e.g. B. when paying on account or direct debit, your data will be passed on to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, to protect our legitimate interests for the purpose of creditworthiness checks on the basis of mathematical-statistical processes. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the dispatch of the goods/the ticket/or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
Direct debit: The debit takes place after the goods have been shipped. You will be informed of the time by email. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
You can find more information and Klarna's terms of use here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). You will receive general information about Klarna here (https://www.klarna.com/de/). Your personal information will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
You can find more information about Klarna here here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You will find the Klarna app here (https://www.klarna.com/de/klarna-app/).
§ 5 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 remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is 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 domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
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II. Customer Information
1. Identity of Seller
Amino Pull
MMag. Robert Brandstetter
Römerstrasse 1
4076 St. Marienkirchen an der Polsenz
Telephone: +43 650 77 57 733
Email: office@amino-pull.at
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .
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 regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertification criteria.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/ .
4.2. We have submitted to the code of honor of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .
5. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as e.g. B. Customs duties, taxes or money transfer fees (bank transfer or exchange rate fees) which are to be borne by you.
6.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold 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 contractor or another person responsible for carrying out the shipment.
8. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
9. Contract Term/Termination
Information on the term of the contract and the terms of termination can be found in the regulation "Contract term/cancellation for subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service
Last update: 07. 12. 2021