Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to specific customer requirements
  10. Special conditions for assembly/installation services
  11. Redeeming promotional vouchers
  12. Redeeming gift vouchers
  13. Applicable law
  14. Code of conduct
  15. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as " GTC‘) of Stefan Meudt, trading under the name ’Amoligno‘ (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as ’Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded. Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.

1.3  A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4  An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After selecting the desired goods, the customer places them in the virtual shopping basket and completes the electronic ordering process by clicking on the button that concludes the ordering process, thereby submitting a legally binding contract offer. the selected goods in the virtual shopping basket and has gone through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking on the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form, post or telephone.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the next day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: " PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/ de/legalhub/paypal/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares its acceptance of the customer's offer at the point in time when the customer clicks on the button that completes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. by email, fax or letter). Any further disclosure of the contract text by the seller shall not take place. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees , exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the ‘Shopify Payments’ payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be pointed out to the customer separately if necessary. Further information on ‘Shopify Payments’ is available on the Internet at https://www.shopify.com/legal/terms-payments-en.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by a forwarding agent, delivery is ‘free kerbside’, i.e. to the public kerbside closest to the delivery address, unless otherwise specified in the shipping information in the seller's online shop and unless otherwise agreed.

5.3  If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's withdrawal policy shall apply to the costs of return shipment. costs of return shipment, the provision made in the seller's cancellation policy shall apply if the customer effectively exercises their right of cancellation.

5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. . If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorised recipient upon handover of the goods. . Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has instructed the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to deliver the goods to a place other than the place of performance. if the customer commissions the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

  • by download
  • by email
  • by post

6) Retention of title

If the seller makes advance delivery, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

  • the seller shall have the choice of the type of subsequent performance;
  • for new goods, the limitation period for rights in respect of defects shall be one year from delivery of the goods;
  • defect rights are excluded for used goods;
  • the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions in time limits shall not apply

  • to claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting as a consumer, they are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The seller shall be liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise stipulated in this regard,
  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9. 1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process them according to specific customer requirements, the customer shall provide the seller with all content necessary for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.

9.2 The customer indemnifies the seller against any claims by third parties in connection with an infringement of their rights through the contractual The Customer shall also bear the necessary costs of legal defence, including all court and solicitor's fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer shall be obliged to provide the Seller with all information necessary for the examination of the claim in a timely, truthful and complete manner. truthfully and completely all information necessary for the examination of the claims and a defence.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Special conditions for assembly/installation services

If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises and, if necessary, for the corresponding preparatory measures (e.g. measurements), the following shall apply:

10.1 The seller shall perform its services at its discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who act on its behalf. Unless otherwise specified in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.

10.2 The customer shall provide the seller with all information necessary for the performance of the service owed, in a complete and truthful manner , provided that the procurement of this information does not fall within the scope of the Seller's obligations under the contract.

10.3 After conclusion of the contract, the seller shall contact the customer to agree on a date for the performance of the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities on the agreed date.

10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.

11) Redeeming promotional vouchers

11.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as " promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

11.3 b> Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4 Only one promotional voucher can be redeemed per order.

11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.7 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity or lack of power of representation.

12) Redemption of gift vouchers

12.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as " gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

12.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining credit will be credited to the customer until the expiry date.

12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

12.4 Only one gift voucher can be redeemed per order.

12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

12.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.

12.8 The gift voucher is transferable. The seller can redeem the gift voucher in the seller's online shop with discharging effect to the respective holder. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of authorisation, legal incapacity or lack of power of representation.

13) Applicable law

13.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13.2  Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

14) Code of Conduct

15) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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