Terms and Conditions
General Terms and Conditions (GTC)
ATM Heatmann GmbH
Johanneskirchner Str. 94
81927 Munich
Managing Director Zaikauskas Aivaras
Tel.: +49 (0) 176 / 60020733
Website: atm-heatmann.de
§ 1. General
1.1 The following General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between ATM Heatmann GmbH (hereinafter “Seller”) and its customers. Deviating terms and conditions of the customer, in particular commercial customers, shall only become part of the contract if the Seller expressly agrees to their validity in writing.
1.2 Consumer within the meaning of these GTC are natural persons who conclude the contract for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 Entrepreneur within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
1.4 Customer is both a consumer and an entrepreneur.
§ 2. Conclusion of contract
2.1 The product presentation in our online shop is not a legally binding offer, but an non-binding online catalog. The customer is thereby requested to submit a purchase offer.
2.2 Products can be placed in the shopping cart by clicking on the button “Add to cart”. The contents of the shopping cart can be viewed at any time via the button
2.3 The binding order of the goods contained in the shopping cart is made by clicking on the button “Order with obligation to pay!”. Input errors can be corrected at any time before submitting the order by using the “Back” function of your browser or by clicking the change buttons in the order overview. The confirmation of receipt of the order, which you receive immediately after sending the order, does not constitute acceptance of your offer. We accept your offer by sending an order confirmation by e-mail or by delivering the goods within five days. A binding contract can also be concluded earlier if you choose an instant payment method and trigger the payment immediately after submitting the order. In this case, the contract is concluded as soon as the payment service confirms the execution of the payment order.
§ 3. Prices and shipping costs
3.1 All prices quoted are final prices and include statutory value added tax. They are exclusive of the respective packaging and shipping costs.
3.2 The costs for packaging and shipping within Germany are calculated separately. An overview of the costs incurred can be found in the section “Shipping costs”.
3.3 For orders by cash on delivery, additional cash on delivery fees may apply. The exact amount of the fees is also shown under “Shipping costs”.
3.4 Separate shipping costs are calculated for deliveries abroad. The amount of this lump sum can also be found in the information under “Shipping costs”.
3.5 For deliveries by forwarding agent, it is necessary to provide a valid telephone number so that the forwarding agent can arrange a delivery date with you.
§ 4. Payment
4.1 The following payment methods are available for deliveries within Germany: invoice (only for public institutions), instant transfer, PayPal and credit card.
4.2 Further information on the individual payment methods and any additional fees can be found under “Payment methods”.
§ 5. Retention of title
5.1 The delivered goods remain our property until full payment. In case of default of payment, we reserve the right to charge reminder and processing fees.
5.2 Before the complete transfer of ownership, the resale, rental, pledging or processing of the goods is not permitted without the express written consent of the seller.
§ 6. Warranty
6.1 The warranty claims are based on the statutory provisions of §§ 434 ff. BGB, unless deviations are specified in the following regulations. The statutory warranty period for consumers is two years from receipt of the goods.
6.2 If the customer is an entrepreneur and the order is placed for his business, the claims for defects expire within one year from receipt of the goods.
6.3 Entrepreneurs must inspect the delivered goods immediately after receipt for obvious defects. Obvious defects must be reported to us in writing within a period of one week from receipt of the goods. Defects that occur later must also be reported to us in writing immediately, but no later than one week after their discovery. In case of violation of this obligation to inspect and give notice of defects, the goods shall be deemed approved.
6.4 Damages caused by improper handling, faulty installation, operation or storage of the goods by the customer do not justify warranty claims. The inappropriateness is determined in particular by the specifications and instructions of the manufacturer.
§ 7. Right of withdrawal
7.1 Consumers are entitled to a statutory right of withdrawal in accordance with the following provisions. A right of withdrawal for entrepreneurs within the meaning of § 14 BGB does not exist.
| Cancellation policy Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period begins fourteen days after the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision by means of a clear statement (e.g. a letter sent by post or an e-mail). ATM Heatmann GmbH Johanneskirchner Str. 94 81927 Munich Tel.: +49 (0) 176 / 60020733 E-mail: info@atm-heatmann.de You can use the attached sample withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us). The refund will be made without undue delay, but no later than within fourteen days from the day on which we receive the notification of your withdrawal. For the repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You are obliged to return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you inform us about the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for testing the nature, characteristics and functioning. Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Sample withdrawal form (To withdraw from the contract, please fill out this form and send it back. Please note that the use of this form is not mandatory for the declaration of withdrawal.) To: Sample Mustermann Sample Street 123 12345 Sample City Fax: +49 (0) 1234 / 5678910 E-mail: widerruf@musterfirma.de I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods: Ordered on / Received on* ____________ Name, first name: Street: Postal code, city: _______________, the __________ _____________________________ Signature (*) Delete where inapplicable. |
8.1 The seller is liable in cases of intent or gross negligence in accordance with the statutory provisions. In case of slight negligence, we are only liable if an essential contractual obligation has been violated. In this case, the claim for damages is limited to the contractually typical, foreseeable damage.
8.2 The above liability regulations also apply to our vicarious agents and representatives.
8.3 Insofar as we offer links to external websites on our website, we assume no responsibility for their content. We do not adopt these contents as our own. If we become aware of illegal content, we will immediately block access to these pages.
§ 9. CopyrightAll logos, images, graphics and texts shown on this website that are proprietary developments of the seller or have been prepared by the seller may not be copied or otherwise used without our express permission. All rights remain reserved.
§ 10. Geltendes Recht10.1 The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 The place of jurisdiction for all disputes arising from this contract is Munich, provided that the customer is a merchant, legal entity under public law or a special fund under public law.
10.3 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a statutory provision that comes closest to the original purpose.
§ 11. Links auf unseren Seiten11.1 With judgment of May 12, 1998 – 312 O 85/98 – “Liability for Links”, the Hamburg Regional Court decided that by placing a link, one may be jointly responsible for the contents of the linked page. This can – according to the LG – only be prevented by expressly distancing oneself from these contents. We hereby expressly distance ourselves from all contents of all linked pages on our homepage. This declaration applies to all links placed on our Internet pages to all linked pages on our homepage. This declaration applies to all links placed on our Internet pages.
§ 12. Gültigkeit der AGB12.1 By placing an order, the General Terms and Conditions of the online shop are accepted. Should a provision of these General Terms and Conditions be void for any reason whatsoever, the validity of the remaining provisions shall remain unaffected.
§ 13. Schlussbestimmungen13.1 By placing an order, the customer acknowledges these General Terms and Conditions. The contract language is German. The contract text is not stored by the seller. However, the customer can print out the order data after completion of the order.
13.2 The essential characteristics of the goods as well as details of the contract, including the right of withdrawal, are contained in these GTC and in the respective product description in the webshop of ATM Heatmann GmbH. Input errors can be corrected at any time during the ordering process.
