GENERAL TERMS AND CONDITIONS
1. SCOPE OF VALIDITY
For all deliveries from the AMPLIFI SPORTS online store to customers (hereinafter referred to as "Customer"), these General Terms and Conditions apply exclusively, in the version valid at the time of the order.These terms and conditions apply only to customers who are also consumers. The Customer isa consumer if he is a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, a customer is an entrepreneur if he is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
2. CONTRACTUAL PARTNER
The purchase contract is concluded with AMPLIFI COALITION AG, Nebelhornstr. 34, GER - 87561 Oberstdorf (nachfolgend „AMPLIFI").
3. DEVIATING CONDITIONS
Conditions of the customer deviating from these General Terms and Conditions are not recognised, unless AMPLIFI expressly agrees to their validity in writing.
4. OFFER AND CONCLUSION OF CONTRACT, ORDERING PROCESS
The presentation of the products within the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Buy now", the customer places a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order by an automated e-mail and does not yet constitute acceptance of the contract. The acceptance of the contract takes place only when the customer receives an e-mail from us, with which we confirm the shipment of the goods or the order. We can accept your order within two days.
Before the binding submission of the order, the customer can review and change his entries at any time.In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The order can only be submitted and transmitted if the customer has accepted the General Terms and Conditions by checking the appropriate box and has thereby accepted them in his order. Before submitting the order, the customer will be informed about the right of withdrawal, availability of the goods, delivery times as well as accepted means of payment. AMPLIFI reserves the right to withdraw from the purchase contract in the event that a consumer has actually acted in the exercise of a commercial or independent professional activity. For this purpose, AMPLIFI reserves the right to check information from customers if the size of the order does not correspond to household quantities.
For orders in the AMPLIFI online store the data protection regulations of AMPLIFI apply.
AMPLIFI reserves the right to withdraw from the purchase contract in the event that a consumer has actually acted in the exercise of a commercial or independent professional activity. For this purpose, AMPLIFI reserves the right to check information from customers if the size of the order does not correspond to household quantities.
The order confirmation shall contain these General Terms and Conditions and the data protection regulations as an appendix. The order confirmation is stored by AMPLIFI. The order confirmation and the General Terms and Conditions can be printed out by the customer at any time using the "Print" function.
The order confirmation shall be authoritative for the content and scope of the contract. Subsidiary agreements, amendments, supplements, etc. require a separate confirmation, which is sent with a separate e-mail.
5. PRICES AND PAYMENT TERMS
All prices quoted are in euros and include the applicable statutory value-added tax at the time.
For customers from countries outside the EU and Switzerland, VAT will be deducted. The removal of the country-specific import and sales tax is the responsibility of the customer and is not the responsibility of AMPLIFI. Applicable customs tariffs are to be paid by the customer.
For shipping, flat rate shipping fees will be charged at the rate in our freight table.
For overseas shipping, please contact firstname.lastname@example.org.
The purchase price and shipping charges will be clearly communicated to the customer again on the order page and in the order confirmation.
The customer has the choice between the payment methods offered during the ordering process: PayPal, payment by credit card (VISA and MASTERCARD are accepted), Maestro, Apple Pay and Google Pay. Payment of the purchase price, including shipping costs, is due upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer, as a consumer, must pay the supplier interest on arrears for the year at the rate of five percentage points above the respective base interest rate.
Offsetting by the customer is only permitted if his claim is undisputed or legally established.
Invoicing shall take place exclusively electronically in a separate e-mail. The invoice can be printed out by the customer at any time using the "Print" function.
6. DELIVERIES, HANDOVER OF THE GOODS
Delivery takes place only within the EU. The goods are shipped with DHL, GLS, UPS and/or DPD.
AMPLIFI bears the risk of shipping for ordered goods when the customer is a consumer. If the customer is an entrepreneur, shipping is at their risk.
The delivery time is 2-8 business days (Monday to Friday, holidays excluded) after order confirmation.
The delivery of the goods takes place by delivery to the delivery address specified by the customer.
If the product is not available at the time of ordering, AMPLIFI shall inform the customer thereof prior to the order being placed.
In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. AMPLIFI will immediately reimburse the customer for any payments already made.
AMPLIFI shall not be responsible for delays in performance due to force majeure. Events of force majeure shall entitle AMPLIFI to postpone performance for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part on account of the part not yet fulfilled. Force majeure shall include, for example, strikes, natural disasters, war, blockades, epidemics and other sovereign interventions.
AMPLIFI shall notify the customer of the occurrence of such events of force majeure.
7. RETENTION OF TITLE
The goods delivered remain the property of AMPLIFI until full payment.
8. STATUTORY DEFECT LIABILITY LAW
In the case of contracts with consumers, the statutory liability for defects applies.
AMPLIFI assumes no responsibility for the options selected by the user, such as selection of the order quantity or the product type. An additional guarantee only exists if this has been expressly stated in the order confirmation for the product in question.
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or the breach of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by AMPLIFI of its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.In the event of a breach of essential contractual obligations, AMPLIFI shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health. The restrictions also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.In the case of orders from the customer, who is an entrepreneur according to § 14 BGB, the warranty obligation is limited to twelve (12) months. For contracts with consumers according to § 13 BGB, the warranty obligation is two (2) years from receipt of the goods. The provisions of the Product Liability Act shall remain unaffected.
9. CONSUMER’S RIGHT TO WITHDRAWAL
The consumer shall be able to withdraw from the contract without giving reasons within thirty (30) days. The withdrawal period is thirty (30) days from the day on which the consumer concluded the contract with AMPLIFI. In order to exercise the right of withdrawal, the consumer must inform AMPLIFI via a clear declaration (e.g. letter, online form or e-mail) about the decision to withdraw from the contract.
The withdrawal must be addressed to:
AMPLIFI COALITION AG
GER – 87561 Oberstdorf
The consumer may use the sample withdrawal form available for download, however, this is not mandatory. The sample withdrawal form or another clear declaration can also be completed and transmitted electronically to the AMPLIFI.
The consumer shall return or hand over the goods to AMPLFI without undue delay and in any case no later than within fourteen (14) days from the day on which the consumer has notified AMPLFI of the revocation of this contract. The time limit is granted if the consumer sends the goods before the expiry of the fourteen(14) day period to the following address:
c/o Open Ocean Sports GmbH
Schleifweg 374257 Untereisheim / Germany
The goods must be returned at the risk of the consumer, unless the cost of return is borne by AMPLIFI.
In order to comply with the withdrawal period, it is sufficient that the notification about exercising the right of withdrawal is sent before the expiry of the withdrawal period.
If the contract is cancelled, AMPLIFI shall pay back to the consumer all payments received by AMPLIFI, excluding the delivery costs, immediately and at the latest within fourteen (14) days of the day on which the notification about the withdrawal from this contract was received by AMPLIFI. The same payment method which the consumer used in the original transaction is used for the repayment unless otherwise expressly agreed with the consumer; the consumer shall not be charged any fees for this repayment in any case. AMPLIFI can refuse repayment until AMPLIFI has received the goods or until the consumer has provided proof that he has returned the goods, whichever comes first.
The consumer shall only pay for any loss of value of the goods if this loss in value is attributable to an unnecessary handling of the goods for testing the properties, characteristics and functionality of the goods.
10. INFORMATION ON DATA PROCESSING
11. FINAL PROVISIONS
German law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and of the conflict of laws. The non-exclusive jurisdiction of the courts in Kempten (Bavaria), Germany, is agreed. If you are a consumer with your main residence in the EU, you also enjoy the protection of the mandatory provisions of the laws of your country of residence. You can file claims in connection with these General Terms and Conditions of Business, which arise from consumer-protection standards, optionally both in Germany and in the EU member state in which you live. The European Commission provides a platform for online dispute resolution that can be found at https: //ec.europa.eu/consumers/odr/. We prefer to resolve your concerns in direct exchange with you and therefore do not participate in the consumer arbitration process. Please contact us directly if you have any questions or problems.
If one of the aforementioned provisions is invalid in whole or in part, this shall not affect the validity of the provision(s) or the remainder of the contract.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.