GENERAL TERMS AND CONDITIONS

1. Scope of application

The following terms and conditions apply to all orders placed via our online shop.

2. Contractual partner, orders & complaints

The purchase contract is concluded with Amatrius GmbH. Further information about the company can be found in the legal notice. For orders and complaints, please contact us at info@amatrius.com.

3. Conclusion of contract

The Amatrius GmbH web shop does not constitute an offer in the legal sense. Contracts are only concluded when the customer places an order and the goods are delivered. Amatrius GmbH has the sole copyright to offers, cost estimates, etc. and these may not be made accessible to unauthorised third parties by the customer. In the event of a breach of this obligation, Amatrius GmbH reserves the right to assert claims for damages and injunctive relief. The contract text of these General Terms and Conditions is not stored. The General Terms and Conditions of Amatrius GmbH can be viewed at any time in the web shop. Past orders can be viewed in the customer login area. It is possible to conclude the purchase contract in German, English and Spanish.

4. Warranty for defects

Amatrius GmbH is liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The warranty obligation towards entrepreneurs for goods delivered by Amatrius GmbH is one year after delivery.

5. Shipping costs

Shipping costs will be added to the stated product prices. A flat-rate shipping cost of €5.00 is charged for deliveries within Germany. A flat-rate shipping cost of €8.00 is charged for deliveries to EU countries. A flat-rate shipping cost of CHF 5.90 is charged for deliveries to Switzerland. Shipping within Germany and the EU is free of charge for orders over €250.00. For deliveries outside the EU, shipping costs of €20.00 will be charged. Shipping outside the EU is free for orders over €250.00. Additional customs duties, taxes and/or fees (fuel, etc.) may apply to all deliveries outside Germany.

6. Delivery time

Orders are delivered 2 to 5 days after payment.

7. Payment

Payment can be made via PayPal, credit card, instant transfer, prepayment, Giropay or Ideal.

8. Terms of payment

The timeliness of a payment is always determined by the receipt of funds or the account credit at Amatrius GmbH. In accordance with Section 286 (3) of the German Civil Code (BGB), you will be in default at the latest 30 days after receipt of an invoice, without the need for an express reminder. From the beginning of the default, you are obliged to compensate for the damage caused by the default (e.g. costs for reminders due to persistent late payment). We reserve the right to claim further damages caused by the default in any case.

9. Retention of title

The delivered goods remain the property of Amatrius GmbH until full payment has been made. In the event of seizures by third parties – even after mixing or processing – as well as in the event of any other impairment of our rights to the goods subject to retention of title by third parties, the customer must notify us immediately in writing and inform the third party of our retention of title without delay. The customer is not entitled to resell the reserved goods.

10. Cancellation policy

Cancellation policy for consumers According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. 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 goods. To exercise your right of cancellation, you must inform us (Amatrius GmbH, Tuchlauben 7/4a, 1010 Vienna, Austria, email: info@amatrius.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can also fill out and submit the model withdrawal form or another clear statement electronically on the Amatrius GmbH website. If you make use of this option, you will immediately receive confirmation (e.g. by email) of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of revocation

If you revoke this contract, Amatrius GmbH shall reimburse all payments received from you for the corresponding order, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract.

The same means of payment used for the original transaction will be used for this refund, unless expressly agreed otherwise with you; in no event will you be charged for this refund. The repayment may be refused until Amatrius GmbH has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

A refund can only be made if the items arrive at our premises in their original packaging and unused.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it back.) Amatrius GmbH Tuchlauben 7/4a, 1010 Vienna, Austria. Email: info@amatrius.comHiermit I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*) – Name of consumer(s) (s) – Address of the consumer(s) – Signature of the consumer(s) (only for paper notifications) – Date _______________ (*) Delete as applicable. End of cancellation form

11. Place of performance and jurisdiction

The place of performance for all obligations arising from the contractual relationship is Vienna. If the customer is a merchant or the other requirements of § 38 ZPO (Austrian Code of Civil Procedure) are met, Vienna is agreed as the exclusive place of jurisdiction for all disputes arising from the legal relationship, including bill of exchange and document proceedings. The same applies to disputes concerning the conclusion and validity of the contract.

12. Applicable law

For orders, deliveries and any disputes arising from the contractual relationship, the law of the Federal Republic of Germany, as it applies to transactions between domestic parties within Germany, shall be exclusively applicable.

13. Partial invalidity

Should one or more of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose pursued by the invalid provision.

14. Consumer arbitration / EU Regulation 524/2013

According to EU Regulation No. 524/2013 on online dispute resolution in consumer matters, from 9 January 2016, consumers will have the option of settle disputes with businesses relating to online sales contracts or online service contracts out of court via an online platform (ODR platform). This platform is set up by the EU Commission and is accessible in particular via the ‘Your Europe’ portal (http://europa.eu/youreurope/citizens/index_de.htm). You can access the platform directly at: http://ec.europa.eu/consumers/odr Please note: According to the European Commission, the ODR platform will be available to consumers from 15 February 2016. Our email address is: info@amatrius.com