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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 of application
 
1.1 These terms and conditions mentioned, which made ​​by consumers or entrepreneurs via the Internet portals, telephone, in writing or in any other form for all orders and orders in Amcom Telecommunications GmbH & Co. KG, Leingartenstraße 11, D-84140 Gangkofen, hereinafter "AMCOM" will. For telephone contracts, the consumer will be advised of the validity of these Terms and Conditions; business transactions with companies these Terms for the ongoing business relationship as the basis for further business relationships are. All contracts for supplies and services, we have with consumers, entrepreneurs, legal persons under public law or public law special funds, in concluding a legal transaction in their commercial or self-employed, include, subject to the following conditions.
 
1.2 Consumer i.S.d. § 13 BGB is any natural person who enters into a legal transaction for a purpose that can be attributed neither commercial nor their independent vocational activity. Entrepreneurs i.S.d. § 14 BGB is a natural or legal person or a legal partnership, legal entity under public law or public law special funds, in concluding a legal transaction in their commercial or independent professional activity; a legal partnership is a partnership, which is equipped with the capacity to acquire rights and incur liabilities.
 
§ 2 Conclusion of contract
 
2.1 The presentation of products in the online shop is not a legally binding offer, but a non-catalog. "Order Payment Paid" By clicking the button you place a binding order for the goods in your shopping cart. Confirmation of the receipt of your order along with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation of the purchase contract has been concluded. During the order you have in the last step in "confirmation" to store all information (eg, name, address, payment method, ordered item and quantity, etc.) to check again and make any necessary changes before you ship your order. You make the order if you enter all information during the order process and under "confirmation" by clicking the "Payment Paid Order" the order to us shipping. The buyer is responsible for electronic order for showing the full and correct delivery address. A contract does not come into existence if the customer can not be reached with the order confirmation e-mail. With the exception of Paragraph 2.4 provides your order for an offer to the AMCOM to conclude a contract. Acceptance of the offer is kept informed by the delivery of the goods. A binding contract can also come about previously as follows: If you choose the payment method "Paypal", the contract is the date your credit card payment to Paypal about. If you choose the payment method "Instant Transfer", the contract is concluded at the time of confirmation of payment instruction to the AG IMMEDIATELY
 
A preliminary agreement in accordance with § 2.1 initially closed - 2.2 If the customer is an entrepreneur, is - unless agreed otherwise in individual cases. The Amcom is initially only obliged to seek an adequate supply and appropriate, to contact his supplier. The entrepreneur is initially only committed to writing a distancing of the willingness to conclude the (future) contract is concluded at least three days in advance. The preliminary develops a two-week binding. If the Amcom the goods within the two-week period provides or delivers and a declaration pursuant to § 3 of the Amcom is not received at this time, the main contract comes into existence automatically. If the customer is an entrepreneur i.S.d. . 3 BGB - § 14 BGB, the duties 312 e para 1 no 1 apply in electronic commerce pursuant to §.
 
2.3 A contract is not concluded when an offer of Amcom contains obvious clerical errors or other inaccuracies relating to the properties or the price of the product. Amcom must prove to the customer that this is a clerical error or a false statement. If the customer is a consumer, the AMCOM for all quality specifications liable within the meaning of § 434 I BGB 3 full.
 
2.4 Notwithstanding the foregoing paragraphs, the conclusion of the contract depends on online trading platforms (eg eBay, Amazon) according to the applicable insofar as priority rules (Terms, conditions, etc.) of the respective online trading platform. . Conditions of the setting of an item already as a binding offer to conclude a purchase contract, the option is either the passage of time with the highest bid, or by pressing the "Buy It Now" concluded - on eBay, for example, in accordance with § 10 of eBay is considered.

§ 3 Offer and Conclusion of Contract
 
3.1 Each offer is subject to self-supply. If the ordered goods are not available because AMCOM is unpredictable and no fault does not deliver upon conclusion of his suppliers, the AMCOM has the right to withdraw from the contract. In this case, Amcom will inform the customer immediately that a delivery is not possible, and repay him the purchase price might already paid immediately. For consumers this right only if Amcom has completed a cover transaction and was not supplied by the supplier.
 
3.2 A liability for damages for non-performance, is prohibited unless Amcom has grossly negligent or acted with regard to the lack of availability neither intentionally, any liability for pre-contractual fault remains unaffected. The consumer will have in case of an incorrect delivery within the meaning of § 434 III BGB statutory rights unreservedly.

§ 4 Prices and shipping costs
 
4.1 The marked prices are final prices include the applicable statutory sales tax of 19% and applicable shipping costs as shipping costs table for consumers. The prices are net plus for entrepreneurs. Statutory tax rate of 19% and applicable shipping costs as shipping costs table. Inadvertent False Awards and errors excepted; binding is not excellent on the internet portals or in any other form, but the confirmed in the Declaration of Acceptance of Amcom price in doubt.
 
§ 5 Payment, payment and default
 
5.1 Our invoices are immediately due and payable without discount deductions. A payment shall be considered made when it is received in cash or cashless finally with us, ie bank transfer when booking on our account or by cash on credit by the exporting carriers or by check cashing of the check by your bank, a debit card and Paypal with the irrevocable credit to our account. It applies in advance, upon delivery by cash delivery against payment to the delivery service plus. € 2.00 delivery charge. If you pay via Paypal 3% of the contract value will be levied to cover administration costs.
 
5.2 With regard to companies, a default interest of 5% above the base rate when the payment is received more than 30 days after receipt of the invoice. The delivery of goods is an invoice document. The bill applies to merchants 3 days after the date of issue as delivered if the recipient fails to prove concrete evidence that the invoice is not received or later. After the expiration of 30 days from proper receipt of the goods with the invoice the customer automatically be in default (§ 286 III BGB); this applies to a consumer only appropriate warning in the respective invoice.
 
5.3 Bills of exchange or checks are accepted by appointment only and only on account of performance and shall only be encashed and final credit as payment. Discount and collection charges shall be borne by the customer. For the timely submission, we assume no liability.
 
5.4 The Amcom is entitled in the event of default in payment of extraordinary termination of the contract.
 
5.5 The customer is liable for the delay of payment for any negligence and for the accidental destruction of ready made ​​at Amcom already delivered or thing (§ 287 BGB). If the purchaser duly delivered goods to non - without recourse in the case of consumer goods of a possible revocation or return - he owes in case of default of acceptance in particular the additional expenses incurred, for example, the additional costs incurred as a result of multiple Zustellversuchs shipping costs or any Custody, administrative costs, etc. (§ 304 BGB); Amcom has default of acceptance from simple negligence not responsible (§ 300 BGB). Default of acceptance exists in particular if the customer is to concretely agreed service time personally not found at the specified delivery address. If the customer acceptance unjustified seriously and finally, Amcom may withdraw from the contract and in particular the loss of business profits claimed as damages make (§ 325 BGB).
 
§ 6 off, Assignment and Retention
 
6.1 You shall not be entitled to the extent that the counterclaim is based on the same contractual relationship. An off claims by you is excluded, unless these claims are legally established or recognized by us.
 
6.2 The assignment of a claim of the customer against Amcom is valid only with consent or authorization from AMCOM; § 354a of the German Commercial Code shall remain unaffected.

§ 7 Delivery and Duty to give notice
 
7.1 Delivery will be made to the delivery address indicated by the customer. If the customer is an entrepreneur, the risk is delivery of the goods to the carrier or a person otherwise specified for the shipment on (§ 447 BGB); if the purchaser is a consumer, the risk of accidental loss and accidental deterioration shall pass only upon delivery of the goods to the purchaser or the date of default of acceptance on (§ 474 II BGB).
7.2 The Buyer shall inspect the goods immediately after delivery of quality and quantity point. . The consumer's rights under §§ 434 ff BGB are not limited to infringements of this obligation; from the breach of obligations in individual cases arise, contributory negligence of the consumer according to § 254 BGB. The employer must report obvious defects immediately after delivery of the goods and hidden defects immediately after discovery or discovery of objective possibility. The application of § 377 HGB remains unaffected.
 
7.4 If the customer is an entrepreneur, after appropriate consultation, there is the possibility of direct delivery of goods to its customers. If these customers are consumers, they are located in the contractual relationship between AMCOM and the entrepreneur likewise constitute legitimate representative of the operator; In particular, it applies to the entrepreneur the duty of notice in accordance with § 7.3; the consumer's rights against its respective contractual partner shall remain unaffected by this provision.
 
§ 8 Retention of title
 
8.1 The Amcom GmbH & Co. KG reserves the ownership of all contract items until the irrevocable receipt of all payments from the sales contract. The same applies to items that are delivered as part of repair or other installation contracts. . The legal property rights under §§ 946 ff BGB remain unaffected; unauthorized purchaser is potentially liable for restitution of the ingredient used. The retention of title shall also apply to all claims, the AMCOM to the Purchaser in connection with the delivery or performance subsequently acquires. Covered by the retention of title, up to satisfy the claims of the reservation of ownership resold, rented, loaned, pledged or given away and not given to third parties in repair; remains unaffected in the consumer's right to remedy the defect in the case of default of AMCOM with the legally owed subsequent performance. The customer breaches the contract, especially if the customer fails to fulfill his payment obligation and despite a reminder of AMCOM, the Amcom may, after giving a reasonable deadline to rescind the contract and demand the return of the still standing in its ownership contracting objects. The withdrawal of contractual items by Amcom a withdrawal from the contract. The case transport costs incurred by the customer. The seizure of a contract item by the AMCOM always constitute a withdrawal from the contract. The Amcom is authorized upon receipt of the contract items for recycling purposes. The proceeds shall be credited to claims of Amcom.
 
8.2 If the business relationship between the AMCOM GmbH & Co. KG and the customer are settled on the basis of a current account, the retention of title extends to all goods subject to retention to secure the balance due.

§ 9 Withdrawal regarding the delivery of goods - Conditions
The following right of revocation for consumers. A consumer is any natural person who enters into a legal transaction for a purpose that is neither commercial nor their independent vocational activity may be zugerechnte.
 
Withdrawal
You have the right to cancel within fourteen days without giving any reason this contract. The withdrawal period is fourteen days from the date on which you have taken or a third party named by you, which is not carrier, possession of the goods or has.
To exercise their right of withdrawal, you must provide us
 
Amcom Telecommunications GmbH & Co. KG
Leingartenstraße 11
D-84140 Gangkofen
.: Tel +49 (0) 8722 / 9607-44
Fax: +49 (0) 8722 / 9607-77
E-mail: shop@handy-navi.de

by means of a clear statement (eg. B. a consigned by post mail, fax or email) of your decision to withdraw from this contract, inform. You may use the attached model Widerrufsformualr, however, this is not mandatory. You can fill out and submit the model withdrawal form or another clear statement on our website www.handy-navi.de electronically. Make use of this opportunity, we will forward to you immediately (eg by e-mail) confirmation of the receipt of such a withdrawal.
 
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
 
Effects of withdrawal

If you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery have), and must be repaid immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly vereibarrt something else; in any case you will be charged fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
 
You have the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract, to us or to AMCOM GmbH & Co. KG - Returns - Leingartenstraße 11 - D-84140 Gangkofen Fax: +49 (0) 8722 - 9607-77 / e-mail: shop@handy-navi.de returned or transferred. You bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, if this value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods dealing with you.

The right of withdrawal does not apply to the following contracts:

- Contracts for the supply of audio or video recordings or computer or navigation software in a sealed package, if the seal was removed after delivery.

§ 10 From customer to be refunded value loss
 
10.1 For the loss or deterioration of the goods and the impossibility of return of the goods in the period between delivery of the goods and return the goods, the customer has to pay compensation for the loss in value. Is considered an impairment loss not only to the product itself, but also on all other supplied and relevant for the resale factors, in particular to the original packaging, documentation and accessories included. The further compensation obligation of the purchaser for a reason attributable to the Purchaser breach of returning obligation is governed by the statutory provisions.

§ 11 Liability for defects and warranty
 
11.1 Information on liability for defects: it is the statutory warranty
 
11.2 An already faulty when delivered product (warranty claim) is Amcom - chosen by the buyer - first replace at its own expense with an equivalent product or professionally repaired (§ 439 BGB). If the statutory requirements, the customer shall - subject to limitation under § 13 - the further rights under § 437 of the German Civil Code No. 1-3..
A warranty case exists in particular in the following cases not before:
- Damages caused by the purchaser due to misuse or improper use, provided that these are not based on a lack of assembly instructions,
- Damages caused by the fact that the products the purchaser harmful external influences have been exposed, to extreme temperatures, humidity, unusual physical (shock, fall) or electrical stress, voltage fluctuations, lightning, static electricity, fire.
Amcom also does not guarantee an error that is caused by improper repair by anyone not authorized by the manufacturer or service provider is tampered with.
 
11.3 Both in the case of authorized repair request and in the case of legitimate replacement request by the Purchaser shall be obliged to the defective product at the expense of Amcom to the specified return address (§ 9) - possible quoting the order number or transaction number - to send. Before sending the customer should remove in their own interest inserted by him objects (eg. B. storage or SIM cards) from or out of the product. The Amcom is not obliged to inspect the product on the installation of such items back. For the loss of such items Amcom is not liable unless it was at taking back the product for Amcom readily seen that such an object has been inserted into the product; in this case informed Amcom the purchaser or customer and retains the object is ready for collection. The Purchaser shall, before sending in a product for repair or replacement, if necessary, to create separate backup the product on the system software, applications and all data on a separate disk and disable or delete all passwords. Likewise, it is the purchaser after the repaired or replacement product it has been returned to install the software and data, and to reactivate the passwords. Sends the customer the goods in order to obtain a replacement product, he may have to delete it played up software and other data and passwords on the submitted product it. If it turns out at the product investigation or remedial measures that it is a manifestly unfounded complaint, the customer is obliged to AMCOM allowance. For consumers, the burden of proof provision of § 476 BGB remains unaffected. If in fact a case of warranty available, Amcom is the customer shipping costs incurred immediately after shall reimburse (§ 439 II BGB).
 
11.4 The cancellation is only in the case of a material deficiency (§ 323 BGB V); Damage claims are made - and consumers - only in accordance with § 13 (§ 475 III BGB).
 
11.5 In addition, warranty, if any, which are governed by the applicable warranty conditions provided within the Federal Republic of Germany products also claims against the manufacturer in the context of this granted (contractual).
 
§ 12 Limitation period
 
12.1 The statutory warranty to consumers ends at new things two years from the passing of risk and used items for 1 year after the transfer of risk. If the buyer is an entrepreneur also exists for new things a warranty period of one year from the transfer of risk. Total does not include claims for damages caused due to gross negligence and willful misconduct.
 
12.2 If the customer is a consumer, the limitation period begins with the receipt of goods, with goods delivery or handing over to run on entrepreneurs to the carrier. By an optionally granted by the warranty, the limitation period will not be extended in accordance with § 12.1.
 
§ 13 Liability / Damages
 
13.1 Amcom liable for gross and willful breach of duty, and for bodily injury caused by simple negligence. If the customer is an entrepreneur, the liability is limited for non-intentional acts on the

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