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Terms of service

General Terms and Conditions (GTC)

Our postal address:

Amstaff Wear GmbH
Großbeerenstraße 169-171
12277 Berlin
General Manager: Aldo Cataldi

Tax Number: 029 / 533 / 01099
Tax-Id Number.: DE248476083
Commercial Registry:HRB 101746 B 1

Ordering and Service Hotline: +49(0)30 - 325 92 914
Service-Fax: +49(0)30- 325 92 913
Service-E-Mail: shop[at]amstaffwear.de

 

§1. Application

1) The following terms and conditions shall apply exclusively for all performance and deliveries, including all contracts between Amstaff Wear GmbH and the customer. Dissenting terms of the customer will not be accepted by Amstaff Wear GmbH if not expressly agreed on them in a written declaration.

2) We reserve the right to modify or complement the GTC at any time. The party to the contract has the right to voice discontent with the changes. If the party to the contract does not voice discontent in a written form within four weeks after having been informed about the alteration, the modified GTC are considered valid. We will inform the party to the contract in a written form or per e-mail about this cohesion at the beginning of the particular period.

3) The exposition of the products forms a not binding offer without engagement.

4) The order of the party to the contract in any form is a binding offer for a purchase contract to come into operation that can be accepted by us within two weeks.

5) All rights on illustrations, drawings, layout, calculations and other documents are reserved. This also includes written documents which are marked as „confidential“ (German „vertraulich“).  The customer needs our written permission in order to distribute these kinds of documents to a third party. 
 

§ 2 Conclusion and Rescission of the Contract

You can order from us per postal letter, e-mail or online shop. In any case we need Your phone number a valid e-mail address in order to be able to contact You in case we should have any questions.

In case of mistakes concerning grammar, print, database or calculation on the website, the Amstaff Wear GmbH has the right to withdraw from the contract. The exposition of the products does not implement a binding offer, but only serves as an online catalogue. By clicking the button „Bestellung senden“ a binding order of the articles in the shopping cart is being emitted. The order confirmation together with the acceptance of the order follow immediately after activation oft he order per automatically erected e-mail. Through the confirmation by this e-mail the purchase contract has come into existence.  

With the issue of the order the buyer declares being contractually capable and accordingly is at least at the age of 18.  

In case the Amstaff Wear GmbH should not be able to accept the offer, the customer will receive this decision in an electronic form.

Should the Amstaff Wear GmbH not be supplied according to valid contracts, the Amstaff Wear GmbH also reserves the right to retreat from the contract. In this case the issuer of the order will be informed immediately that a particular product is not available. The payment for goods will be compensated immediately.

Complaints can only be accepted regarding production mistakes and within the legally determined period of time.

We save the text of the contract and will send You the order details.


§ 2 b Revocation Rights Information

Revocation instruction:

You can revoke Your contractual statement within four weeks without reason in a written form (i.e. postal letter, fax, e-mail) or, in case the subject of the contract has been ceded to the customer within this period of time, by returning the goods. The respite begins after the delivery of the current indoctrination, but not before the ordered goods has arrived to the customer (in case of repeated delivery of similar goods the first particular delivery is being taken as the start of the time for complaints) and also not before the fulfillment of the duty to inform according § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 , 4 BGB-InfoV and our duties according to § 312e Abs. 1 Satz 1 BGB in conjunction with § 3 BGB-InfoV. In order to stay within the time for complaints it is enough to send the goods or communicate the revocation.
The revocation is to be addressed to:

Amstaff Wear GmbH
Großbeerenstraße 169-171
12277 Berlin

Germany

Email: shop[at]amstaffwear.de


Consequences of revocation:

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40€ or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

End of Disclaimer



§ 2 c Reshipment and Replacement

We offer our customers thee right to revoke the contract within 4 weeks.

The respite begins after the delivery of the current indoctrination, but not before the ordered goods has arrived to the customer (in case of repeated delivery of similar goods the first particular delivery is being taken as the start of the time for complaints) and also not before the fulfillment of the duty to inform according § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 , 4 BGB-InfoV and our duties according to § 312e Abs. 1 Satz 1 BGB in conjunction with § 3 BGB-InfoV. In order to stay within the time for complaints it is enough to send the goods or communicate the revocation.

Customers are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40€ or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. In case the particular articles should not be transportable, we will collect them at Your front door.

In case the order value is beyond 40€ we ask You to let the Amstaff Wear GmbH to apply for the return shipment (only concerning orders in and from Germany).

Please contact us in these cases per e-mail, fax or phone in beforehand. We will initiate the shipping back as soon as possible.


§ 2 d Prices

1) The purchase tax is included into our prices.

2) Packaging and freight costs are being displayed separately if not expressed otherwise in the order confirmation. The precise costs will be displayed after the receiving of the offer on the monitor screen and subsequently per e-mail.


§ 3 Shipment

If not otherwise consented the shipment will be carried out from the warehouse to the delivery address, specified by the buyer. The delivery will be provided within 1-3 working days after receiving payment or after the order placement in case of order by cash on delivery.
 

§ 4 Maturity and Payment, Delay

The maturity of the order value falls due immediately. The customer has the options of paying by cash on delivery or advance payment. In case the Amstaff Wear GmbH has suffered sufficient damage due to payment delay, we keep he right to assert the additional costs.

The payment can be done by cash on delivery or prepayment.

Cash on delivery woks as follows:
You keep the cash prepared and pay at Your front door o rat the nearest postal office. The freight costs account for 9,50 € / 5,- € shipment and 4,50 € cash on delivery charge (incl.  2,-  € delivery charge by the Deutsche Post).

Prepayment works as follows:
You order online as usually. Attached to the confirmation e-mail You will find our banking data. As soon as the money has arrived to our bank account we will send the ordered goods to You.
The total freight costs account for 5,- € in this case.
If the order value is above 50,- € the shipment charge is not applicable.

Important: Please point out the number of the corresponding invoice and Your name as reason for payment in order for us to be able to allocate the payment to the particular order.


Reshipment

If the package was not accepted by the customer, although no warranty case or revocation is existent, we keep the right to add 10%, but at least 12 €, to the freight charge.  Confirmation of the higher (Amstaff Wear GmbH) or lower (customer) reserved. A repeated shipping of denied or returned goods is not possible.

Shipping to other countries (order value has to be above 50 €) must be paid in beforehand (prepayment)!


§ 5 Offset and Retention

The customer has the right to set off only in case of having legally performed his counterclaim or if it has been accepted by the Amstaff Wear GmbH. Furthermore the customer has the retention right only if his counterclaim is based on the same subject to the contract.


§ 6 Title Retention

The Amstaff Wear GmbH reserves the property rights on the delivered goods until the final installment has been paid.


§ 7 Warranty for Defects

In case of a defect of the product caused by the Amstaff Wear GmbH the customer has the options of the improvement of the delivered product or the delivery of a new product. If the Amstaff Wear GmbH is not able to offer improvement or reshipment of a new product in an appropriate period of time due to the lack of commensurability or other reasons, for which the Amstaff Wear GmbH is responsible, the buyer has the right to retreat from the contract after having made his choice. The issuer of the order has no further rights if not specified below otherwise. The Amstaff Wear GmbH does not adhere for damages to other subjects than the delivered product; especially the Amstaff Wear GmbH does not adhere for damages caused to the expected earnings and other assets of the buyer. As far as the adherence of the Amstaff Wear GmbH is excluded or limited, this also applies for the personal adherence of employees, agents and involved helpers. The preceding adherence limitation does not apply for damages caused on purpose or gross negligence or if a person has been damaged. Also the rights of §§ 1, 4 Produkthaftungsgesetz, rights occurring due to the missing of a wrong product specification and damages due to the non-performance according §§ 463, 480 Abs. 2 BGB are not excluded by the preceding quotation.

You receive only top quality products from our company. Please pay attention to the directions regarding product care. Damages to the product caused by wrong care cannot be covered.


§ 8 Data Protection

Your personal data will be collected, used and treated according to the demanding directives of the German data protection law.  

Your personal data will only be used in purpose of contract arrangement. Further usage for marketing or advertisement purposes requires explicit consent. The personal data required for availability of our offers (user data) will initially be used only for contract arrangement. Such data are those necessary for Your identification as user, time period and extent of use and the particular services accessed. Such data will be further used for marketing research, improvement of particular services and creating of pseudonymous user profiles. You have the right to voice discontent and deny this kind of usage of Your user data.


§ 9 Applicable Law        

If You should not have a determined court of jurisdiction within Germany or have moved abroad after the contract has come into conclusion or in case Your address is unknown when the plaint is being issued, the court of jurisdiction for any kind of disputes is Berlin. For every conclusion of a contract solely the German law is applicable, to the exclusion of theUnited Nations Convention on Contracts for the International Sale of Goods.


§312e BGB with exception of the clause about the admission oft he GTC is being excluded.

In case You should have any further questions please refer to shop[at]amstaffwear.de