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Seit 1993 Ihr Partner für die Richtige Verbindung

 

Hotline: 08722-96 07 44 (Mo-Fr. 09:00-18:00 Uhr)

Conditions of Use


§ 1 Scope
1.1 These terms and conditions apply to all orders and contracts for the AmCom Telecommunications GmbH & Co. KG, Leingartenstraße 11, D-84140 Gangkofen hereafter referred to AMCOM, "by Consumers or Entrepreneurs be conducted via the Internet portals, phone, mail or other form. In the case of telephone contracts Consumer be advised of the scope of these Terms, in business transactions with Entrepreneurs these terms for the ongoing business relationship as the basis for further business relationships. All contracts for supplies and services, we close with consumers, entrepreneurs, legal persons under public law or public law special fund, which acts at the conclusion of a legal transaction in the exercise of his trade or profession, subject to the following conditions.
 
1.2 Consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed. Entrepreneurs i.S.d. § 14 BGB, a natural or legal person or a legal partnership, a legal entity under public law or public special assets, which is to conclude a transaction in the exercise of its commercial or independent professional activity, a legal partnership is a partnership, the is equipped with the ability to acquire rights and incur liabilities.
 
§ 2 Contract
2.1 The presentation of products in our online shop is not legally binding offer, but is a non-catalog dar. The purchase comes with the sending of order confirmation via e-mail to you. With your order, you make a binding offer to us to conclude the contract with you. During the order you have in the last step in "confirming" the possibility of complete information (eg name, address, payment method, ordered item and quantity etc.) again to check and amend if necessary before sending your order. The order before you take when you enter any information during the ordering process, and finally send the "confirmation" in the order form by clicking the button "Send order" to us. The customer is responsible for electronic order for the claim of the complete and correct shipping address. A contract fails, unless the customer with the order confirmation e-mail can be reached. With the exception of item 2.5 Your order constitutes an offer to the AMCOM to conclude a Treaty; Whereas the adoption of supply is basically through the delivery of product. With writing and legal mistakes, mistake and / or other changes in the website, the AmCom Telecommunications GmbH & Co. KG is not obliged to accept or implement the contract.
 
2.2 Unless the buyer Entrepreneurs is will - subject to a different agreement in each case - in accordance with § 2.1, first signed a preliminary agreement. The AMCOM is initially only be required to seek to ensure sufficient supplies and to contact his suppliers if necessary. The Entrepreneurs is initially required a distancing in writing a willingness to conclude the (future) contract is concluded, at least three days in advance. The preliminary agreement develops a two-week binding. Unless the AmCom the goods within the two weeks and ready to provide or deliver a declaration under § 3 of the AmCom at this point is not reached, the principal agreement reached automatically. If the customer is an entrepreneur i.S.d. § 14 Civil Code is applicable requirements in electronic commerce pursuant to § 312 e para 1 no 1 to 3 BGB.
 
2.3 Should AmCom the bid to changing conditions, such as a different price, suppose is this assumption as an offer to enter into a modified contract (§ 150 II BGB). The AmCom will advise the customer immediately after the order in writing to the modified or amended Offer. A Consumer in this case has the possibility of the offer within 14 days, expressly or implicitly - to accept such goods by unquestioning acceptance, or by confirmation e-mail -. The AMCOM will abandon to access the declaration of acceptance of the customer (§ 151 BGB). Provided that the customer Entrepreneurs , and the modified supply explanation does not contradict within 3 days after receipt, the offer to be accepted, except that the AMCOM could count for a significant deviation from the original order with an acceptance of the modified bid does not.
 
2.4 A contract does not take place if an offer of AmCom obvious misspellings or other incorrect information concerning the features or the price of the product. AmCom has the purchaser to prove that it is a misspelling or a wrong statement. Provided that the customer Consumer is fully liable for all AmCom quality descriptions referred to in § 434 I 3 BGB.
 
2.5 Notwithstanding the above paragraphs of the contract is aimed at online trading platforms (eg eBay, Amazon) to the respective valid as far as priority schemes (terms, conditions of participation, etc.) of the current on-line trading platform. EBay is the case in accordance with § 10 of eBay - Conditions of the recruitment of an article is already a binding offer to conclude a sales contract, which either comes through time with the highest bid, or by pressing the "Buy It Now" option about.

§ 3 Offer and Conclusion
3.1 Each offer is subject to the self-supply. If the ordered goods are not available because of AMCOM contract is not predictable, and no fault of its suppliers will not be supplied, AMCOM has the right to break away from the contract. In this case, AMCOM will notify the customer immediately that a delivery is not possible, and to report any previously paid the full amount immediately. Compared Consumers is that right only if AMCOM has completed a concrete cover transaction and has not supplied by the supplier.
 
3.2 A liability for damages for failure is impossible, if AMCOM has acted with regard to the lack of availability of either grossly negligent or intentional, any pre-contractual liability because fault remains unaffected. The Consumer stand in the case of a wrong within the meaning of § 434 III BGB statutory rights without limitation.

§ 4 Prices and Returns
4.1 The prices listed are for Consumer Final including the applicable statutory tax amounting to 19% currently, and shipment costs arising under shipping table. Prices for Entrepreneurs are net plus legal value added tax in the amount of 19% and shipment costs arising under shipping table. Inadvertent wrong or misunderstandings may occur, binding is not in doubt of at web portals or otherwise, excellent, but in the declaration of acceptance of AmCom confirmed price.
 
§ 5 Payment, due date and delay
5.1 Our invoices are immediately due and payable without discount deductions. Payment shall only be deemed, if it is received in cash or cashless basis finally with us, that is for transfer at the time of booking on our account, with cash on delivery for credit by the operating carrier at check payment on the check is honored by your bank, using a debit card and Paypal, with the irrevocable credit to our account. There is cash in advance, upon delivery by cash on delivery versus payment to the delivery person plus € 2.00 delivery charge. When paying via Paypal 3% of the contract may be a processing fee.
 
5.2 Compared Entrepreneurs can be calculated a due interest of 5% above the base rate if the payment is more than 30 days after receipt of invoice. The delivery of goods is an accounting document. The bill applies to merchants 3 days after the date of issue as delivered if the recipient proves that no concrete evidence that the invoice is not received or later. After the expiry of 30 days from proper receipt of the goods together with invoice the customer comes automatically in default of payment (§ 286 III BGB), which applies to a Consumer only an appropriate warning in the respective invoice.
 
5.3 change or checks are by appointment only and only conditional payment received and will be held after their redemption and final credit as payment. Discount and collection charges shall be borne by the customer. For the timely presentation, we assume no liability.
 
5.4 The AmCom is entitled in the event of late payment of extraordinary termination of the contract.
 
5.5 The Buyer shall be liable for any negligence during the payment and for the accidental destruction of at AmCom ready made or already delivered case (§ 287 BGB). If the customer does not duly delivered the goods - without, in the case of consumer goods by the eventual withdrawal or make use of return - he is liable in the event of default of acceptance, in particular, the additional expenditure incurred, for example, the result of multiple Zustellversuchs additional shipping price or possible keeping safe, administrative costs, etc. (§ 304 BGB), AmCom has no representation from simple negligence to accept delivery (§ 300 BGB). Acceptance delay exists in particular if the customer has specifically agreed to the performance date at the specified delivery address is not personally encountered. Unless the buyer, the acceptance seriously and finally refuses, AMCOM can rescind the contract and in particular the loss of business profits as damages claim (§ 325 BGB).
 
§ 6 Offset, assignment and retention
 
6.1 to withhold payment to you only if the claim is based on the same contract. To offset claims on your part is excluded, unless these claims are legally established or recognized by us.
 
6.2 The assignment of a claim against the Purchaser AmCom is valid only with the consent or approval from AmCom, § 354a HGB remains unaffected.

§ 7 Delivery and reprimand incumbency
 
7.1 Delivery is made to the customer's specified delivery address. Provided that the customer Entrepreneurs is, the risk with delivery of the goods to the carrier or any other person intended to send (§ 447 BGB), provided the customer Consumer is, the risk of accidental loss and accidental deterioration until goods are delivered to the purchaser or from the date of default of acceptance of (§ 474 II BGB).
 
7.2 AMCOM tries to deliver the goods quickly, deadlines are always subject to timely and sufficient self in accordance with § 3.1. Subject to the priority of an individual agreement are considered to be detectable only in writing the agreed delivery dates are considered authentic.
 
7.3 The Purchaser shall inspect the goods immediately after delivery of quality and quantity towards. The rights of the Consumer in § § 434 ff BGB are not limited to breaches of this duty, from the incumbency may in individual cases, however, a contributory negligence of the Consumer arising under § 254 BGB. The Entrepreneurs has obvious defects immediately and without undue delay after delivery of the goods and hidden defects after discovery or the discovery of objective possibility. The scope of § 377 HGB remains unaffected.
 
7.4 If the Purchaser Entrepreneurs is, after appropriate consultation is the possibility of the direct delivery of the goods to its customers. If those customers are consumers, they arise in the contractual relationship between the entrepreneur and AMCOM also presented as representative of the contractor receive payment, in particular, you shall take the place of the entrepreneur, the reprimand incumbency under § 7.3, the rights of the Consumer remain alive to their respective parties affected by this scheme.
 
§ 8 Retention of title
 
8.1 The AmCom GmbH & Co. KG reserves the ownership of all contracted items from the irrevocable receipt of all payments from the contract. The same applies to items that are shipped as part of repair or other assembly contracts. The legal property rights in accordance with § § 946 ff BGB shall remain unaffected, and the unauthorized buyer is obligated to appropriate restitution of the used component. The reservation of ownership continue to exist for all claims against the purchaser acquires the AmCom in connection with his delivery or service arrears. Until the satisfaction of claims from the property subject to retention of title covered by the rental property must not be further sold, to be given, pledged or given and not given to third parties for repair, without prejudice to the right of the Consumer to rectify the defect in the event of default by AmCom legally due to the subsequent performance. Should the customer behave in breach of contract, particularly if the customer fails to fulfill its obligation to pay, and in spite of a reminder of AmCom, the AmCom after a prior reasonable deadline to withdraw from the contract and handing over any claim in their property related contract items. In the withdrawal of the contract items through the AmCom a rescission of the contract. The resulting transport costs borne by the customer. The seizure of an object through the AMCOM contract is always a withdrawal from the contract. The AmCom is after the receipt of the contracted items entitled to sell them. The proceeds shall be credited against claims of AmCom.
 
8.2 The relationship between the AmCom GmbH & Co. KG and the customer should be handled on the basis of current accounts, extending the retention of title to all assets subject to safeguard the balances receivable.

§ 9 Return with regard to the delivery of goods and services
 
Beginning of the return instructions 
9.1 Consumer in the sense of § 1.2, can return the goods without giving reasons within 14 days by returning the goods. The time limit begins after receipt of this notification in writing (eg a letter, fax or e-mail), but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfill our obligations in accordance with Article 246 § 2 in association with § 1, Paragraph 1 and 2 EGBGB draft Law and our obligations according to § 312e paragraph 1, sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Only if the item can not commodity (eg bulky goods) you canexplain returned by mail in text form. The revocation period is sufficient to send the goods or the return request. In this case, the return will be at our expense and risk. The return or the return must be sent to:
 
AmCom Telecommunications GmbH & Co. KG
Returns
Leingartenstraße 11
D-84140 Gangkofen
Fax: +49 (0) 8722 / 9607-77
E-mail: shop@handy-navi.de
 
In canceling the product is picked up.
 
Return results
In the case of an effective return on both sides received achievements and if necessary pulled uses (eg customs advantages). With a worsening of the goods, compensation may be claimed. This does not apply if the deterioration of the commodity exclusive on their examination - as you should be in a shop have been possible for - is. In addition, you can avoid the obligation to pay compensation for a deterioration resulting from use of the item by not using the goods as your property and avoid everything that could reduce its value. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of the goods or the request for return to us with their reception.
 
9.2 The return does not apply to contracts for the delivery of audio and video recordings (eg CDs, video cassettes, DVDs) or software if the products supplied have been unsealed (§ 312, IV, No. 2 BGB).
End of the return instructions
 
§ 9a of withdrawal in respect of services and delivery of goods through online marketplaces
 
1. Withdrawal for contracts for services
 
For contracts for services, especially for mobile phone contracts, the customer is, where he is a consumer as defined in § 1.2, entitled, within two weeks without giving reasons in writing (eg letter, fax, e-mail) to . The period begins on the day following receipt of proper notification in writing. In order to safeguard the withdrawal period is sufficient to send the revocation. The revocation must be sent to: 
 
AmCom GmbH & Co. KG
Leingartenstraße 11
D-84140 Gangkofen
Fax: +49 (0) 8722 / 9607-77
E-mail: shop@handy-navi.de
 
2. Withdrawal in transactions via online marketplaces (eg eBay)
 
For transactions through an online marketplace (eg eBay, etc.) are closed, you have different from § 9, the following withdrawal:
You may cancel your contract within 1 months without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins on the date of receipt of this instruction in writing, if you have received on that date in accordance with the Distance Selling all necessary information and all are satisfied for the electronic business-specific requirements. With a delivery of goods, the period begins on the date of receipt of the thing to run when you have received to that date, this instruction in writing, and the above-mentioned obligations are met. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
 
AmCom GmbH & Co. KG
Leingartenstraße 11
D-84140 Gangkofen
Fax: +49 (0) 8722 / 9607-77
E-mail: shop@handy-navi.de
 
3. Revocation:
 
In case of an effective cancellation the mutually received benefits and possibly towed uses (eg interest). Can you give us the performance received whole or in part, or only in deteriorated condition, you have to pay us compensation for the value. With the surrender of things this does not apply if the deterioration of the case solely on their examination - as it would have in a shop have been possible for - is.
A compensation for the value created by the intended use of the item you only make worse, if you no later than the conclusion of the contract in writing on that legal consequence and opportunity have been advised to avoid them. Accordingly, a compensation for deterioration of the thing, which is caused by intended use comes from eBay - transactions not considered. In addition, you can avoid the obligation to pay compensation by not using the item as your property and omitting everything, which impairs their value. Paketversandfähige things are back at our risk. Not parcel things are picked up. Obligations to reimburse payments must be fulfilled within 30 days after sending your revocation. You have to bear the cost of the return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have produced agreed partial payment. Otherwise, the return is free for you.
 
4. Special instructions for withdrawal of services:
When a service Your right expires early if your contractor has started the service with your express consent before the end of the withdrawal period, or arrange them yourself (such as through a download initiated by you, which activate the SIM card etc.).
 
5. Funded commercial
 
Have you this contract financed by a loan and then cancel the financed contract, you are no longer tied to the credit if the two contracts form an economic unit. This is particularly the case if we simultaneously your lender or if your lender uses to finance our participation. If we are accrued on the loan effective date of revocation or return earlier, you can keep up because of the unwinding not only to us but also to your lender. The latter does not apply if the present contract is the purchase of securities, foreign exchange, derivatives, precious metals, or the subject.
 
From § 10 to be refunded to customer value and use of replacement
 
10.1 If the purchaser of his return acc. § 9, and has used the product between delivery and return, he must reimburse the value of the emoluments drawn by him.
 
10.2 For loss or deterioration of the goods and for the impossibility of restitution of the goods in the period between delivery of the goods and return the goods the buyer must pay compensation. Taking into account a possible deterioration is not only the product itself, but also on all other goods delivered and for the resale relevant factors, in particular to the original packaging, documentation and accessories, and originally sealed software. The further obligation to pay damages of the Purchaser by the purchaser is responsible for a violation of the return requirement will be determined in accordance with statutory provisions.
 
10.3 The Purchaser shall also provide for compensation, if he has the goods brought into use as intended. This does not apply if the deterioration of the case solely on the examination of the case. The purchaser must therefore be avoided between delivery and return of the goods, the use of the item if it serves not only the examination of the goods, too. The customer must inspect the goods in principle only to the extent to which the product is free of charge in a retail store could have been examined (eg unpack the product and take in hand to test keyboard, but not: Insert SIM-card phone calls and / or licensed unseal, etc.). The Purchaser shall take no action on the product that may be made only by the manufacturer or by AmCom authorized persons. This particularly includes the breaking or removal of seals affixed on the device and removing and changing serial numbers.

§ 11 Warranty
 
11.1 If the Purchaser Consumer is to apply - subject to the liability agreement under § 13 - the statutory provisions (§ § 434 ff, 474 ff BGB).
 
11.2 A) is already defective product upon delivery (warranty case AmCom - replacing the option of the buyer - first at his own expense by an equivalent product or properly repaired (§ 439 BGB). For if the statutory requirements, the Customer - subject to the limitation under § 13 - the further rights pursuant to § 437 BGB, No. 1-3.
No warranty applies, in particular in the following cases:
- Damages that are incurred when ordering through abuse or misuse, provided that they are not based on a lack of assembly instructions,
- Damages that are caused by the fact that the products have been exposed to harmful external influences buyer, especially extreme temperatures, humidity, unusual physical (shock, collapse) or electrical stress, power surges, lightning, static electricity, fire.
AMCOM also provides no guarantee for an error that is caused by improper repair by a non-manufacturer authorized service partners or outside intervention.
 
11.3 Both in the case of legitimate request for repair and replacement in case of legitimate request from the buyer is obliged to send the defective product at the expense of AMCOM to the specified return address (§ 9.1) - if possible, stating the order number or transaction number -. Before submission, the customer should be in the best interest of him, inserted objects (such as memory - or SIM cards) or by removing from the product. The AMCOM is not obliged to examine the product to the installation of such items through to. AMCOM for the loss of such objects is not liable unless it was for withdrawal of the product for AMCOM readily apparent that such an object has been inserted into the product, in which case AMCOM informs the customer or customers and keep the object ready for collection. The buyer has before he sends in a product for repair or replacement, if necessary to create a separate backup the system software on the device, applications and all data on a separate disk, and disable all passwords or delete them. Likewise, it is up to the buyer after him the repaired product or replacement product has been returned to install the software and data to and activate the passwords. Sends the purchaser a commodity in order to receive a replacement product, it may have to delete from it contain old software and other data and passwords sent in by him on the product. If it turns out the product or remedial investigation that there is a clearly unfounded complaint, the purchaser is required to AMCOM expense allowance. Compared Consumers remains the burden of proof provisions of § 476 BGB unaffected. If indeed there is a warranty case, AMCOM customers promptly refund the shipping costs incurred after the implementation of subsequent performance (§ 439 II BGB).
 
11.4 The resignation can only be done in case of a significant shortage possible (V, § 323 BGB), claims for damages - even for Consumer - Only in accordance with § 13 (§ 475 III BGB).
 
11.5 In addition, within the Federal Republic of Germany for the products delivered to, claims against the manufacturer under a) granted by this contract (guarantee commitment exist, varying in accordance with the applicable warranty conditions.
 
§ 12 Limitation period
 
12.1 The legal guarantee against Consumers ends at new things two years from passage of risk and used items at 1 years after passage of risk. If the customer is Entrepreneurs also exists for new things to offer a warranty period of one year from the transfer of risk. It does not cover other claims that have arisen due to gross negligence and willful misconduct.
 
12.2 If the Purchaser Consumer is the limitation period starts with the receipt of the goods at Entrepreneurs run with the provision of goods or delivery to the forwarding agency. By a guarantee granted by the manufacturer if the limitation period under § 12.1 is not extended.
 
§ 13 Liability / Indemnification
 
13.1 AmCom liable for grossly and intentionally committed misconduct, as well as for simple negligence resulted in physical injury. Provided that the customer Entrepreneurs is, the liability for non-deliberate actions on the contract is typically limited to predictable damage.
 
13.2 AmCom is only liable for ordinary negligence in violation of contractual obligations and is limited to the foreseeable damage at contract end. This restriction does not apply to the injury of life, limb and health. For other easily negligently caused by a defect of the merchandise is not liable damage AmCom. Any liability for pre-or according to the product liability law remains unaffected.
 
13.3 Irrespective of any fault of AmCom remains a potential liability for fraudulent concealment of a defect or for the assumption of a guarantee or warranty intact. The warranty is a guarantee by the manufacturer and is not a guarantee underwritten by AMCOM dar.
 
13.4 AMCOM is responsible for the accident occurring during the delay by the impossibility of delivery, except that the damage would have occurred even with timely delivery.
 
§ 14 Use of data

14.1 AmCom use your stock data exclusively for processing your order. All customer data is stored in compliance with the relevant provisions of the Germn Federal Privacy Act (BDSG) and the German Telemedia Act (TMG) and processed by us. We may disclose your personal data including your home address and e-mail address without your explicit and revocable consent to third parties. Excluded from this are our service partners, the order processing for the transmission of data required (eg with the shipping company and the payment processing with the bank engaged, but in particular the mobile phone provider to whom we commissioned to conclude a contract mobile transmit). In these cases, the volume of data transmitted only to the minimum necessary. This notice is in accordance with the provisions of § 33.1 Protection Act.
 
14.2 Security: The personal data of customers are encrypted using 128-Bit bit SSL exchanges to transfer over the Internet. We use technical and organizational security measures to protect your data against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
 
14.3 Cookies: Your protection needs are taken into account in accordance with statutory provisions. The website of the AmCom in several places so called cookies. They serve to make that offer the AmCom GmbH & Co. KG more user friendly, efficient and safer. Cookies are small text files that are stored on their computer and their browser. Most of the AMCOM GmbH & Co. KG used cookies are "session cookies". They are automatically deleted after max. 3 months ago deleted.
For more information, see the Privacy Policy.
 
§ 15 Battery Law
 
15.1 In connection with the sale of batteries and rechargeable batteries (included with some units), we (as a dealer under Battery Regulation BattG / Law) required to refer you as a consumer in the following:

Please dispose of used batteries, as required by law - the disposal in household waste is expressly prohibited by the battery regulation - at a municipal assembly or enter them in trade for free from the spot. Obtained by us batteries after use, you can return to us free of charge at the address below or return them by mail with sufficient postage to us.
 
AMCOM GmbH & Co. KG
Leingartenstraße 11
84140 Gangkofen 
 
   

Pollutant batteries with a sign, consisting of a crossed-out wheeled bin and the chemical symbol (Cd = cadmium), Hg = mercury, Pb = lead the bear to be considered as decisive be contaminated heavy metal.
For more information about these batteries can be found in the manuals of the respective companies and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety http://www.umweltbundesamt.de/abfallwirtschaft/battg/index.html
 
§ 16 Miscellaneous

16.1 All contracts concluded with AmCom within the meaning of § 1 shall be subject to the laws of the Federal Republic of Germany. The scope of the Convention of the United Nations (UN - Sales Convention) on Contracts for the International Sale of Goods is excluded. The mandatory application of the foreign consumer protection law for orders from abroad if it remains untouched.
 
16.2 For all present and future claims from the business relationship with Entrepreneurs including bills and check claims of jurisdiction is the seat of AmCom, the same applies to Consumers, Unless the purchaser has no general jurisdiction in Germany, moved to his place of residence or habitual residence out of Germany or his domicile or habitual residence at the time the action is not known.
 
In dealings with 16.3 Company is the joint performance of the parties to the seat of AmCom, depending on the size of the claim or Eggenfelden Landshut.
 
16.4 If the Purchaser Entrepreneurs is, the inclusion of the disputed terms, in the event of disagreement in some parts of the entire contract is not closed (§ 139 BGB).
 
16.5 AmCom ads and statements are to be handed over in writing. Contractual agreements or declarations of the user remain unaffected by this rule.
 
16.6 The ineffectiveness of the provisions in these rules or an otherwise agreed between the parties, a provision has no bearing on the validity of the remaining provisions of these Terms of delivery and performance conditions or other agreements. The parties are committed to usual rules agreed upon between the parties, to replace the ineffective provisions of such effective provisions which come as the spirit of the invalid provision as closely as possible.
 
AmCom® Telecommunications GmbH & Co. KG - 02/2011

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