Conditions
General terms and conditions & legal information
A. General Terms and Conditions (GTC)
§ 1 Scope and provider
§ 2 Offer in the online shop and conclusion of contract
§ 3 Prices
§ 4 Shipping costs
§ 5 Delivery conditions and reservation of self-delivery
§ 6 Payment conditions
§ 7 Right of withdrawal for consumers
§ 8 Agreement on the exercise of the right of withdrawal by consumers by returning goods
§ 9 Transport damage
§ 10 Warranty and 30-day right of return
§ 11 Liability
§ 12 Final provisions
§ 13 Note on online dispute resolution (ODR-VO) and Consumer Dispute Resolution Act (VSBG)
B. Information requirements for distance selling contracts
1. Information about the essential characteristics of the goods
2. Information about the identity of the company and contact details (including telephone number)
3. Information about the total price and price calculation as well as shipping costs
4. Information about costs for the use of the means of distance communication used to conclude the contract
5. Information about the payment, delivery and service conditions, date of service provision and complaint procedure
6. Information about the existence of a legal right to liability for defects for the goods
7. Information about the existence and conditions of customer service, after-sales services and guarantees
8. Information on existing delivery restrictions and means of payment provided
9. Functionality of the goods with digital elements or the digital products, including applicable technical protection measures
C. Information obligations for contracts in electronic commerce
1. Information about the conclusion of a contract
2. Information about reservation of non-delivery in the event of unavailability
3. Information about the technical steps that lead to the conclusion of a contract
4. Information about storage of the contract text and the customer's ability to access it
5. Information about technical means for detecting and correcting input errors
6. Information about the languages available for concluding the contract
A. General Terms and Conditions (GTC)
§ 1 Scope and provider
1.1
These general terms and conditions apply to all orders placed through the company's online shop
Amio Germany GmbH, Stahlgruberring 7a, 81829 Munich
(hereinafter “Amio online shop”)
be delivered.
You can reach us via the following contact option:
Email: service@amio-firenze.com
1.2
All deliveries and services provided by us are only carried out on the basis of the following General Terms and Conditions in the version that is valid at the time of the respective order placed by you.
1.3
Consumers within the meaning of Section 13 of the German Civil Code (BGB) and these General Terms and Conditions are natural persons with whom we enter into business relationships without this being predominantly attributable to their commercial or independent professional activity.
1.4
Individual contractual agreements take precedence over these general terms and conditions. Differing, conflicting or supplementary general terms and conditions do not become part of the contract unless their validity is expressly agreed to.
§ 2 Offer in the online shop and conclusion of contract
2.1
The product representations in the online shop serve to make you a purchase offer and only represent an invitation to place an order. You place an order with us by placing items in your shopping cart, entering your delivery and payment details, and providing your email address so that we can contact you inform you by email about your right to return and send you the contract text, confirm the correctness of your details in the control overview and at the end click on the “Buy now” button. By clicking the “Buy now” button, you are making a binding purchase offer. Our products are only sold for private use in normal household quantities.
2.2
We can accept your order by sending order confirmations by email or by delivering the goods within two days of receipt of your order. Confirmation of receipt of the order does not constitute acceptance of the purchase offer. If the consumer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt lists the details of the order. It does not constitute a binding acceptance of the order, but is only intended to inform you that we have received the order. However, it can be combined with a declaration of acceptance. By the time the goods are delivered, you will receive all customer information from us, which you should print out for your records. You agree that you may also receive your invoices from us electronically (as a PDF by email).
2.3
If our order confirmation contains typographical or printing errors or if the presentation and determination of the product prices are based on technical transmission errors, we are entitled to challenge them. As part of the challenge, we must prove our error to you. Any payments you have already made will be refunded immediately.
2.4
The consumer must be at least 18 years old to be able to order the goods from us. If in doubt, the consumer must provide proof of age. The need to state your age arises from the payment methods we use.
2.5
Even repeated goodwill payments by us do not constitute a claim for the future.
§ 3 Prices
The prices stated on the product pages of the online shop www.amip-firenze.com include statutory VAT and other price components and do not include any applicable shipping costs.
§ 4 Shipping costs
4.1
We charge a flat rate of €49.00 per order for shipping furniture via freight forwarding. There is no free shipping limit.
4.2
For parcel shipping within Germany with DHL we charge a flat rate of €4.95 per order for postage and packaging. From an order value of €89.00, the flat rate per order for postage and packaging is reduced to €0. For particularly bulky items, we charge a surcharge of up to €5.95 per bulky item in addition to the shipping costs. You can find the relevant information and the amount of the surcharge in the respective item description.
4.3
There are no additional taxes or costs.
4.4
When the Internet pages are updated, all previous prices and other information about goods become invalid. The representation at the time you order the goods is relevant.
§ 5 Delivery conditions and reservation of self-delivery
5.1
Delivery only in Germany. Deliveries are made with DHL. For more information about delivery, please see sections 5.3 and 5.4 of the General Terms and Conditions.
5.2
If we do not have all of the products ordered in stock, we are entitled to make partial deliveries of products at our expense, provided this is reasonable for you.
5.3
If it is a freight forwarding shipment, the freight forwarder will contact you to arrange an appointment.
5.4
If it is a parcel shipment, the sender DHL will make up to two delivery attempts. If the parcel carrier cannot reach you personally, he will leave the parcel with your neighbor. If the courier doesn't find anyone on the second attempt, the package will be stored at the nearest post office. You then have 7 working days before the package is returned to us.
5.5
If the product you ordered is not available because it is economically impossible for us to procure this product for you through no fault of our own, we have the option of withdrawing from a concluded purchase contract. In this case we will inform you immediately. If necessary, we will reimburse you for any consideration you have already provided.
§ 6 Payment conditions
6.1
Payment is made via the online shop either by credit card (Mastercard and VISA), instant bank transfer, PayPal or by purchase on account. Payment by credit card (Mastercard and VISA), instant transfer, PayPal and purchase on account is carried out via the payment service provider Adyen. You can find out more about the provider here: https://www.adyen.com/de_DE/ .
6.2
If you default on payment, the Amio online shop reserves the right to charge reminder fees of €1.00 for further reminders. You reserve the right to prove at any time that the fees claimed were lower in individual cases. Then you are only obliged to pay the lower amount.
6.3
From the time of default, you must also pay interest on the invoice amounts charged by us at a rate of five percentage points above the base interest rate.
6.4
If you pay by credit card, the amount will be reserved on your credit card when you place your order (so-called authorization). Your credit card will actually be charged at the time we ship the goods to you. In the event of a return, we will credit the amount to your credit card account as soon as possible after your return has been processed in our logistics center.
6.5
If you choose the Sofortüberweisung payment method, you can pay conveniently, easily and securely without registering. All you need is your online account details. You can then easily pay with your bank sort code, account number, PIN and TAN. More information at https://www.sofort.de .
6.6
You can also pay for your goods order using the PayPal payment method. To do this, you need a valid PayPal account, which you can open at www.paypal.com . If you select this payment method, you must enter your email address and password into the PayPal input mask shown at the end of the ordering process. The payment amount due for the order, including the shipping costs incurred, will be credited to our account immediately. Shipping takes place after payment confirmation from PayPal. We would like to point out that if you select the PayPal payment method, the “PayPal Terms of Use” of PayPal (Europe) S.à rl & Cie, SCA apply. The terms of use that apply to your contractual relationship with PayPal (Europe) S.à rl & Cie, SCA are available at www.paypal.com .
6.7
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account as a payment option. The payment deadline is 14 days from the dispatch of the goods/ticket/or, in the case of other services, from the provision of the service. Payment is made to Klarna. Please note that purchase on account is only available for consumers and that the use of this payment method requires a positive credit check. The complete terms and conditions for purchasing on account for deliveries to Germany can be found here . Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit reporting agencies. Your personal information will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
§ 7 Right of withdrawal for consumers
7.1
Consumers have a right of revocation of 14 days. Consumers within the meaning of Section 13 of the German Civil Code (BGB) are natural persons with whom we enter into business relationships without this being primarily attributable to commercial or independent professional activity.
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must contact us:
Amio Germany GmbH
Stahlgruber ring 7a
81829 Munich
Email: service@amio-firenze.de
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
We do NOT bear the costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Note on non-existence of the right of withdrawal:
The right of withdrawal does not apply to distance selling contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded or for distance selling contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal is removed after delivery became.
7.2
You must use appropriate packaging to avoid damage and contamination of the ordered products that may occur when the products are returned. If possible, send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging in individual cases. If you no longer have the original packaging, ensure adequate protection against transport damage with packaging suitable for the respective product in order to avoid claims for damages against you due to damage caused by inadequate packaging.
7.3
When purchasing hygiene products (e.g. mattresses, breast pumps, pacifiers, diapers, etc.), please note that the products should be treated with particular care due to their nature. If you notice after receiving the goods that you want to exercise your right of withdrawal, we would ask you not to use the goods in question. The legal exclusion of the right of withdrawal for certain categories of goods remains unaffected.
7.4
The return of the goods and thus the exercise of the right of withdrawal is also possible in any Amio Firenze specialist store. You can find the Amio Firenze specialist store near you at www.amio-firenze.com under “Our Stores”. When returning to a specialist store, you will also need the return slip, which will be sent to you together with the goods.
7.5
Please note that the modalities for exercising the right of withdrawal mentioned in paragraphs 7.2, 7.3 and 7.4 above are not a prerequisite for the effective exercise of the right of withdrawal for distance selling contracts.
7.6
Non-binding return recommendation
Without the customer being obliged to do so, Amio Germany GmbH recommends the following return option to exercise the above right of withdrawal:
- When sending a parcel, the return can be made easily using the return slip enclosed with the goods using the free return label via DHL.
- When shipping with a freight forwarder, we ask that you register your return request in advance by telephone. AMIO Firenze will then organize the return shipping. AMIO Firenze bears the return shipping costs.
§ 8 Agreement on the exercise of the right of withdrawal by consumers by returning goods
Consumers within the meaning of Section 13 of the German Civil Code (BGB) and Section 1.4 of these General Terms and Conditions have the opportunity to exercise their right of cancellation for distance selling contracts by returning the goods. In order to exercise the right of cancellation effectively and in a timely manner within the cancellation period of 14 days in accordance with the cancellation policy, the consumer is obliged to expressly mark the goods when returning them in such a way that the return by Amio Germany GmbH can be recognized as a cancellation. If several goods that can be sent by parcel are sent back to us within one return shipment, the consumer must clearly indicate which of the returned goods should be included in the exercise of the right of withdrawal for distance selling contracts.
If the goods that can be sent as parcels are not marked when several goods are returned or if a return is not marked or designated as a cancellation, the right of cancellation by return is not valid and has not been exercised in a timely manner, subject to further options for cancellation used by the consumer.
§ 9 Transport damage
9.1
If goods are delivered with immediately recognizable and therefore obvious transport damage, please report such errors immediately to the delivery person and please contact us as quickly as possible:
Service hotline : Monday to Friday from 8:00 a.m. to 8:00 p.m. and Saturday from 9:00 a.m. to 6:00 p.m., 008 00 / 63 69 62 00 (toll-free from landline and mobile networks)
9.2
Failure to make a complaint or contact us in the event of transport damage does not affect your statutory warranty rights or their existence. However, through your actions you support us in being able to assert our own legal claims against the carrier or any existing transport insurance.
§ 10 Warranty and 7-day right of return
10.1
The statutory warranty provisions apply.
10.2
We give our customers a 7-day right of return. This right of return begins upon receipt of the goods, regardless of the shipping method chosen. The first 14 days of this period are covered by the statutory right of withdrawal. In addition, our voluntary 30-day return policy applies, so that returns can be made within 30 days of receipt of the goods. This right of return expires as soon as 30 days have been exceeded after receipt of the goods. From this point on, a free return is no longer possible.
§ 11 Liability
11.1
We are only responsible for intent and gross negligence. If an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations whose fulfillment is essential for the proper execution of the contract, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you as a customer regularly rely) is culpably violated, we are liable for damages limited to the foreseeable damage that typically occurs in comparable cases. In the event of injury to life, body or health, we are liable in accordance with the statutory provisions.
11.2
The liability under the provisions of the Product Liability Act remains unaffected. Moreover, liability is excluded.
§ 12 Final provisions
12.1
If a provision of these General Terms and Conditions is invalid, the rest of the contract remains valid. The relevant statutory provisions apply in place of the invalid provision.
12.2
German law applies to the conclusion and processing of all contracts. However, this only applies to you as a consumer to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.
12.3
The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 13 Note on online dispute resolution (ODR-VO) and Consumer Dispute Resolution Act (VSBG)
13.1
Obligation to provide information according to the ODR Regulation: Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission has provided a platform for online dispute resolution (OS). More here: https://www.ec.europa.eu/consumers/odr
13.2
Obligation to provide information according to the Consumer Dispute Settlement Act (VSBG): Amio Germany GmbH declares in advance that it is not prepared to participate in dispute resolution proceedings before consumer arbitration boards within the meaning of Section 36 Paragraph 1 of the Consumer Dispute Settlement Act (VSBG). This does not affect the possibility of dispute resolution by a consumer arbitration board in the course of or during a specific dispute with the consent of both contracting parties (Section 37 VSBG).
B. Information requirements for distance selling contracts
1. Information about the essential characteristics of the goods
The main characteristics of the goods we offer can be found in the product illustrations on the product overview pages as well as the information and illustrations on the product detail pages. If you have placed goods in the virtual shopping cart, you will receive an overview of the goods and their characteristics until you send your order.
2. Information about the identity of the company and contact details (including telephone number)
Company Amio Germany GmbH
Stahlgruber ring 7a
81829 Munich
Managing Director: Alexander Janzen
Registration court: Munich District Court
Registration number: HRB 286108
Service hotline: Monday to Friday from 8:00 a.m. to 8:00 p.m. and Saturday from 9:00 a.m. to 6:00 p.m., 008 00 / 63 69 62 00 (toll-free from landline and mobile networks)
Email: service@amio-firenze.com URL: https://www.amio-firenze.com
3. Information about the total price and price calculation as well as shipping costs
You can find out the information about the total price and the price calculation during the ordering process and also after you have placed your shopping cart. To do this, click on the icon labeled “Shopping Cart”.
4. Information about costs for the use of the means of distance communication used to conclude the contract
There are no additional costs for using our online offering and placing an order beyond simply using your internet access.
5. Information about the payment, delivery and service conditions, date of service provision and complaint procedure
5.1 Payment conditions
The payment conditions result from Section 6 of the General Terms and Conditions.
5.2 Delivery and service conditions
The delivery and service conditions result from Section 5 of the General Terms and Conditions.
5.3 Date of service provision
I. Payment by direct bank transfer, PayPal or cash on delivery : 2-5 working days (Monday to Friday, exception: public holidays) after sending your order
II. Payment by credit card: 3-5 working days (Monday to Friday, exception: public holidays) after sending your order
6. Information about the existence of a legal right to liability for defects for the goods
The statutory warranty provisions apply.
7. Information about the existence and conditions of customer service, after-sales services and guarantees
We offer you the opportunity to reach our customer service using the following contact options:
Service hotline: Monday to Friday from 8:00 a.m. to 8:00 p.m. and Saturday from 9:00 a.m. to 6:00 p.m., 008 00 / 63 69 62 00 (toll-free from landline and mobile networks)
Email: service@amio-firenze.com
Our customer service includes the following services:
- Answering customer inquiries
- Order entry or acceptance of orders
- Order processing
- Information about delivery dates
- Reasons for returns
- Sending documents (invoices, product data sheets, etc.)
- Sending vouchers
- Sending tracking numbers upon request
8. Information on existing delivery restrictions and means of payment provided
8.1
The following delivery restrictions apply to the range of goods: The delivery area is the Federal Republic of Germany. Delivery only takes place in normal household quantities. An order is only possible from the age of 18. For freight forwarding items/bulky goods, delivery is free curbside. Delivery takes place via DHL.
8.2
The following payment methods are available: credit card (Mastercard and VISA), instant bank transfer, PayPal or purchase on account.
9. Functionality of the goods with digital elements or the digital products, including applicable technical protection measures
The functionality of the goods we offer with digital elements or digital products, including applicable technical protective measures, can be found in the product representations on the product overview pages as well as the information and representations on the product detail pages. If you have placed goods in the virtual shopping cart, you will receive an overview of the functionalities of the goods with digital elements or digital products until you send your order.
C. Information obligations for contracts in electronic commerce
1. Information about the conclusion of a contract
The contract between the seller and the buyer is concluded in accordance with Section 2 of the seller's General Terms and Conditions (GTC) (see above).
2. Information about reservation of non-delivery in the event of unavailability
In accordance with Section 5.4 of the Seller's General Terms and Conditions (GTC), the seller reserves the right not to provide the promised service and thus the delivery of the goods in the event of their unavailability and to withdraw from the contract (see above).
3. Information about the technical steps that lead to the conclusion of a contract
Closing occurs through offer and acceptance.
3.1 Process of an order/offer from the customer
If the customer has found a product in the seller's offer that meets his or her needs, he or she can add the product to the shopping cart. If the customer would like to view the shopping cart, he or she can do so at any time by clicking on the “Shopping cart” button. Products that the customer does not want to order or no longer want to order can be changed or deleted at any time by clicking on the “Change item” (change the number of items) or “Delete item” (remove the selected item from the shopping cart) button. After all the desired goods have been placed in the shopping cart, the customer must enter their data. The seller has appropriately marked the input fields in which the customer must provide his mandatory information for the order to be processed properly. At the end, the customer can click on the “Buy now” button. By clicking the “Buy now” button, the customer submits a binding purchase offer.
3.2 Acceptance by the Seller
The acceptance of the customer's offer is carried out by the seller in accordance with Section 2.2 of the seller's General Terms and Conditions (GTC) (see above).
4. Information about storage of the contract text and the customer's ability to access it
The contract text is saved in the seller's shop system. The customer can always view the general terms and conditions (GTC) on this website. The details of the individual order and the general terms and conditions are automatically sent to the customer by email. After the customer has completed the order with registration, the data can be accessed in the user account. Orders placed without registration can no longer be viewed online after completion.
5. Information about technical means for detecting and correcting input errors
Before completing the order, the customer can correct his information at any time. This applies to both the number of goods ordered and the selected goods themselves. For this purpose, the customer can change his details using the mouse or keyboard and remove goods from the shopping cart as well as increase or decrease the number of individual goods to be ordered . In addition, all information about the order is displayed again before the order is completed and the customer is able to make corrections.
6. Information about the language available for concluding the contract
Only the German language is available for concluding contracts.