General Terms and Conditions of HotPart GmbH, https://amalister.de
1. General information
1.1. These General Terms and Conditions (GTC) apply to all offers and services via the internet platform https://amalister.de. Insofar as the customer refers to the inclusion of his own terms and conditions of business or purchase, these are contradicted.
1.2. Individual contractual agreements shall take precedence over General Terms and Conditions (GTC).
2. Conclusion of contract, storage, contract language
2.1. The service descriptions on the Internet pages do not yet constitute offers to conclude a contract. Such an offer is only made by the customer’s order, e.g. by telephone, fax or e-mail. The subsequent confirmation of receipt of the order does not constitute acceptance of this offer. The contract is only concluded upon receipt of the order confirmation (declaration of acceptance). The customer is no longer bound to his offer (this expires) if he has not received the declaration of acceptance within 5 calendar days (calculated from receipt of the order).
2.2. If a declaration of acceptance received by the customer late has been dispatched in such a way that it would have been received by the customer in due time even in the case of regular transport, and if the customer had to recognize this, he shall notify me of the delay immediately after receipt of the declaration, if this has not already been done. If the customer delays the dispatch of the notification, the acceptance shall be deemed not to have been delayed. Otherwise, the delayed acceptance by the provider shall be deemed a new offer to conclude a contract, which the customer may accept by express declaration of acceptance or by acceptance of the services.
3. Choice of law
The contractual relations between the contracting parties shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence.
4. Prices and payment
4.1. The prices shall be based on the respective valid and current price lists, which shall be communicated to the customer via the website or in any other way prior to the conclusion of the contract. The remuneration includes the sales tax (value added tax) valid at the time of the order.
4.2. The following payment options are offered when concluding contracts:
- Prepayment by bank transfer
- Payment by invoice
- Payment via paypal
5. Further information on distance selling
5.1. The description of the service results from the presentation on the Internet at amalister.de.
5.2. The instruction about your legal right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of withdrawal, e.g. return, return costs and compensation for lost value, can be found under the item “Cancellation policy”.
5.3. The time of provision of the service shall be agreed individually between the Provider and the Customer.
5.4. There is no out-of-court complaint or appeal procedure to which the provider is subject.
5.5. All further information about the company, the offer and the contract execution result from the representations on the website.
6. Consumer dispute resolution procedures
Since 09.01.2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force. It applies to the out-of-court settlement of disputes about contractual obligations arising from online sales contracts or online service contracts between consumers and online merchants and aims to achieve a high level of consumer protection in the European single market. The online dispute resolution (ODR) option is intended to provide a simple, efficient, fast and inexpensive out-of-court solution to disputes. The OS platform forwards duly submitted complaints to the competent ADR (Out-of-Court Dispute Resolution) bodies (under national law). The use of the ODR platform itself is free of charge; in proceedings before the ADR bodies, the consumer may incur costs (up to EUR 30.00) if his request is abusive of rights.
Link to the OS platform of the EU Commission: ec.europa.eu/consumers/odr
E-mail address: firstname.lastname@example.org
7. Information about e-commerce
7.1. Technical steps to conclude the contract
For this purpose, the explanations in section 2 of the GTC are given.
7.2. Contract text storage / printout
The customer can save the text of the contract by using the “Save as” function of his browser to save the corresponding Internet page on his computer. Using the print function of his browser, he also has the option to print out the contract text. The contract texts will be saved by the provider and made available to the customer by e-mail or by post upon request.
7.3. Possibility of correction
The customer can correct his entries at any time during the ordering process by selecting the “Back” button in the browser and then making the corresponding change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview offers an additional correction option before the online order is sent, to which the customer is informed.
The language available for the conclusion of the contract is exclusively German.
7.5. Code of Conduct
The provider has not submitted to any special code of conduct (set of rules).
The legal warranty shall apply.
9. Data privacy
10. Copyright notice
The photos posted on the website of the provider and the texts created by him are protected by copyright. Unauthorized reproduction and publication (including excerpts) will be prosecuted under criminal and civil law in accordance with § 97 UrhG.
11. Severability clause
Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.