GENERAL TERMS AND CONDITIONS
§ 1 Scope of application
(1) These General Terms and Conditions apply to all business relations between A.TE.M. Marc van den Broek (hereinafter referred to as A.TE.M.) and its customers in the current version at the time of conclusion of the contract.
(2) The general terms and conditions of A.TE.M. apply exclusively. Terms and conditions of the customer which conflict with or deviate from the terms and conditions of A.TE.M. shall not be recognised unless A.TE.M. has expressly agreed to them in writing in individual cases.
§ 2 Conclusion of the contract or initiation of the order
(1) The sale of goods shall only take place in quantities customary for households. The presentation of A.TE.M.'s product range on computers accessible via the Internet does not constitute an offer within the meaning of §§ 145 ff BGB (German Civil Code). It is subject to confirmation and non-binding.
(2) You have the opportunity to purchase books on our website. To place an order, proceed as follows: Please enter your customer and invoice information and agree to the GTC. Your order is initiated by clicking on the "order now" button indicating the order quantity. This is your binding declaration that you wish to purchase the goods.
§ 3 Conclusion of contract
When you place an order, you conclude a contract with us:
Marc van den Breok
Billhorner Röhrendamm 16
(1) Your order will be stored by us; you will be informed about the receipt of your order with an order information e-mail, which also contains the terms and conditions. The confirmation of receipt is automatic and does not yet represent a declaration of acceptance. The purchase contract is concluded when we accept the offer in your order to conclude a purchase contract through invoicing and delivery of the goods.
(2) The contract with A.TE.M. is concluded when A.TE.M. accepts this offer by A.TE.M. sending the ordered product to the customer.
(3) Acceptance shall be subject to the legal admissibility and availability of the ordered goods or services, in particular self-delivery. If A.TE.M. cannot accept the customer's offer, the customer will be informed of the unavailability instead of accepting the order. Any payments already made by the customer will be reimbursed immediately.
(4) A.TE.M. will respond to the order within three to five working days either by delivery or by information about the non-availability of the product.
(5) The language available for the conclusion of the contract shall be German.
§ 5 Delivery, shipping costs
(1) Within Germany, we offer private customers delivery at a flat rate of EUR 6.00 for shipping costs. The calculation of the shipping costs for the delivery to all EU and non-EU countries takes place according to the respective prices / tariffs of our service providers and is communicated to the customer in advance by e-mail. A.TE.M. reserves the right, in particular for deliveries outside Germany, to demand advance payment in the amount of the order value plus delivery costs.
(2) A.TE.M. will deliver the ordered goods to the address stated by the customer in the order as quickly as possible, in general a delivery time of three to five days after receipt of payment applies. A.TE.M. is entitled to partial deliveries and partial services at any time, provided that these are reasonable for the customer.
(3) Information on the expected delivery period is not binding unless A.TE.M. has given the customer a binding promise in writing in individual cases.
(4) Imports of goods into countries outside Germany may be subject to import duties to be borne by the customer. These vary in different customs territories. The customer is responsible for the proper collection of the necessary customs duties and fees. Please note that due to customs regulations and long shipping routes, the delivery date is not exactly predictable.
(5) Value added tax and other price components are included.
(6) Our delivery service does everything to ensure that your order reaches its destination as quickly as possible. Please understand that due to fluctuating delivery times (e.g. due to weather or traffic conditions) it is not always possible for us to guarantee delivery within three to five days.
(7) We deliver by post, DHL or DPD.
§ 6 Due date and payment
(1) A.TE.M. only accepts the methods of payment indicated to the customer within the framework of the ordering process.
Bank transfer/payment in advance
Payment via PayPal
The purchase price is due immediately and payable without deduction within 14 days of order confirmation.
§ 7 Retention of title
With unconditional acceptance of this shipment, the terms of delivery and payment of A.TE.M. shall be deemed accepted. Until the complete settlement of all existing claims against the purchaser, the following shall remain unaffected
§ 8 Cancellation Policy
(1) Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. The revocation shall be addressed to you by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract:
Marc van den Broek
Billhorner Röhrendamm 16
Tel.: +49 (0)40 7969 2428
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. The mere (uncommented) return of the goods does not constitute a declaration of revocation.
(2) Consequences of revocation
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
- End of the legal revocation instruction -
§ 9 Warranty/Liability
The statutory liability for defects shall apply.
§ 10 Address
Marc van den Broek
Billhorner Röhrendamm 16
Tel.: +49 (0)40) 7969 2428
VAT no: DE 269021502
§ 11 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court responsible for our registered office in Hamburg/Germany.
Supplement January 2016:
Regulation (EU) No. 524/2013 on online settlement of consumer disputes:
We do not participate in a dispute resolution procedure before a consumer arbitration board.