general terms and conditions
§1 Scope of application
The General Terms and Conditions of Trade (GTC - Allgemeine Geschäftsbedingungen (AGB)) shall apply to all business relationships between AMBERPRESS, Malgorzata Warrink, Chausseestr. 116, 10115 Berlin (Germany) and the customer in its current version, valid at the time of the contract’s conclusion. The AMBERPRESS terms and conditions shall apply exclusively. No other terms and conditions shall be recognised unless AMBERPRESS expressly approves their validity in writing.
§ 2 Contractual execution
All promotions advertised on the internet site www.icoon-book.com are non-binding and subject to change without notice. An order shall constitute an offer to conclude a purchase agreement with AMBERPRESS. The customer shall receive a personal e-mail after placing an order. This e-mail does not confirm the acceptance of the order, instead merely providing information as regards the receipt of the order, details of the goods ordered and the anticipated delivery time. The contract shall only be deemed to have been concluded after the customer has confirmed receipt of this e-mail.
§3 Delivery address
AMBERPRESS will deliver orders to the invoice address, provided that the customer has not expressly specified a different delivery address. In the event that the customer wishes the order to be delivered to another address, he shall be obliged to inform AMBERPRESS directly during the course of the ordering process.
§4 Delivery term
AMBERPRESS undertakes to deliver the goods to the stated delivery address as soon as possible. The delivery may take up to two weeks from the order date and is dependent on the region in question. This is expressly stated in the e-mail described in § 2, above. The specification of the delivery term shall be non-binding. Compensation-related liability in the case of a delay in delivery shall be excluded.
All prices include the legal rate of value added tax (VAT). Pricing errors excepted.
§6 Reservation of ownership
AMBERPRESS reserves the right of ownership to the goods until all payments from the purchase agreement have been received.
§7 Settlement date and payment
AMBERPRESS shall only accept the payment methods stipulated during the course of the order transaction. The purchase price and the shipping costs incurred shall be due immediately after the contract’s conclusion and should be paid thereafter in the form of an advance payment (bank transfer) or by cash on delivery (c.o.d.). In the event that the customer defaults on the payment, AMBERPRESS shall be entitled to demand appropriate reminder charges and interest on arrears. In the event that AMBERPRESS suffers additional, verifiable damage as a result of this delay in payment, AMBERPRESS shall be entitled to assert a claim for damages.
Under the terms of the legal right of withdrawal, contractual declarations may be revoked within two weeks without justification in writing, e.g. by letter, fax, e-mail or by returning the goods in question. This term shall begin after receipt of this instruction at the earliest. The punctual return of the revocation document or the goods in question shall suffice to uphold this deadline. Effects of revocation In the event of an effective revocation, the goods and services received by both parties must be restored. In the event that the said goods and services received cannot be restored, can only be partially restored or have experienced a qualitative decline, the customer shall be obliged to compensate AMBERPRESS to the value of the goods and services in question. As concerns the surrender of goods, this shall not apply in the event that the abovementioned deterioration shall be deemed to be the exclusive result of its examination, which could equally have taken place in any retail outlet. Furthermore, the value-related compensation obligation may be evaded by refraining from treating the goods as private property and expressly avoiding all activities which may compromise their value. Goods suitable for packaging and dispatch should be returned to us by post. Any obligations to reimburse payments should be fulfilled within 30 days of the dispatch of the revocation document.
§9 Liability for defects
In the event that the goods purchased are faulty, the ordering party is entitled to demand subsequent fulfilment (rectification of deficiencies or replacement delivery). Should the said subsequent fulfilment fail, the ordering party may withdraw from the contract in the event of a significant defect, lower the purchase price or assert a compensation claim. Further claims by the ordering party, irrespective of their legal grounds, shall be excluded provided that none of the points below prove applicable. AMBERPRESS shall thus not be liable for damages to the delivery item itself, and shall, in particular, not be held liable for any lost profits or other financial losses suffered by the ordering party. Instances in which the liability of AMBERPRESS shall be excluded or limited shall also apply to the personal liability of employees, representatives and vicarious agents. Previous limitations of liability shall not apply as far as the cause of damage is premeditated or based on gross negligence, or there has been an instance of personal injury. Furthermore, these shall not apply in the event that the ordering party asserts claims from §§ 1 and 4 of the Federal Product Liability Act (Produkthaftungsgesetz). In the event that AMBERPRESS is found to be in wanton breach of a significant obligation related to the contract in question, the obligation to indemnity for property damage shall be limited to typically occurring damage. In the event that the subsequent fulfilment takes the form of a replacement delivery, the ordering party shall be obliged to return the goods delivered originally to AMBERPRESS. Subsequent fulfilment shall not take place until the originally delivered goods have been returned to, and received by, AMBERPRESS. Separate arrangements must be made in exceptional cases.
§10 Use of customer data
AMBERPRESS is entitled to use all data collected for personal ends. Moreover, all opinions entered on the internet site may be used both online and offline.
§11 Place of performance
The place of performance for all mutual services and activities arising from the contract shall be Berlin.
§12 Concluding clause
Any recourse to courts of law shall be excluded. The legal venue is Berlin. Should individual clauses in these terms and conditions of use be or become ineffective, the remaining clauses shall not be affected.