General Terms and Conditions of Business
- scope of application
All deliveries, services and offers of Amadé GmbH (hereinafter: Amadé) to customers (hereinafter: customers) are subject to these General Terms and Conditions (GTC).A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Conflicting terms and conditions of customers shall only become part of the contract if they are expressly recognized in writing by Amadé.
- contracting party
The contract of sale is concluded with Mountain’s Goat GmbH, managing partner: Julia Ronzheimer, Landstrasse 10, 5710 Kaprun, VAT No.: ATU77735701, E-mail: firstname.lastname@example.org
- Conclusion of contract
3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.
3.2 By clicking the button [Buy/order with costs] you place a binding order for the goods listed on the order page. The order can only be placed and transmitted if you have accepted it beforehand by activating the box with the checkmark “I have taken note of the General Terms and Conditions and the Data Protection Declaration and agree to their validity”. Your purchase contract is concluded when we accept your order by sending an automated order confirmation by e-mail immediately after receiving your order.
3.3 For orders outside the online shop, the contract is concluded when we confirm your order in a binding manner or when you accept a binding offer from us.
- Right of withdrawal
4.1 If you are a consumer (i.e. a natural person who places an order for a purpose, which cannot be attributed to your commercial or self-employed professional activity), you shall be entitled to a right of revocation in accordance with the statutory provisions. If you are an entrepreneur (i.e. a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity), you do not have a right of withdrawal.
4.2 The drinks are sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. For these goods, the consumer’s statutory right of withdrawal pursuant to §312g para. 2 sentence 1 no. 3 BGB does not apply.
4.3 If you, as a consumer, make use of your right of revocation pursuant to section 4.1, you shall bear the regular costs of the return shipment.
4.4 In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Amadé GmbH, Brunsbüttelerstrasse 26, 50737 Cologne and email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. an e-mail or letter sent by post). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.mountains-goat.at. If you make use of this option, you will be informed of your decision to withdraw from this contract by letter or e-mail. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (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), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall 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 is not necessary for checking the condition, properties and functioning of the goods.
– End of the cancellation policy –
5.1 You can make the payment according to the offered payment methods:
– Credit card (Mastercard/VISA)
– instant bank transfer
– Company invoice
In the following, we present the payment methods and conditions in detail:
When it comes to simple, secure and fast online payment with just 2 clicks, PayPal is your reliable partner. If you do not yet have a PayPal account, you can easily set it up here. You can find more information about PayPal here. https://www.paypal.com/uk/webapps/mpp/pay-online
- Credit Card
As a Mastercard or VISA customer, you can pay conveniently by credit card. When paying by credit card, you enter your credit card details on our secure payment page. After the card has been checked and your credit card has been charged by our online payment service provider, you will receive a transaction confirmation by e-mail.
- Credit Card
- Immediate bank transfer
The SOFORT bank transfer is processed with your access data for your online banking account (log-in and PIN) and account data (IBAN, BIC) via the provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich Germany. Your ordered goods will be released for shipment after successful transaction (receipt of payment).
- Immediate bank transfer
It is pointed out that the collection of the claim is thus carried out by a third party to whom the claim is assigned. Amadé reserves the right, in individual cases or if payment is refused by the provider of the respective payment method, to execute the order only against advance payment. In this case, the customer may accept this or withdraw from his order. Costs incurred by chargeback of a payment transaction due to lack of funds or due to incorrect data transmitted by the customer will be charged to the customer. In the event of late payment, Amadé is entitled to charge interest on arrears at a rate of at least 5 percentage points above the base interest rate applicable at the time.
- Prepayment transfer
For this payment method, please transfer the total amount to our account, stating the order number. The bank details are stated in your order confirmation, which you will receive by e-mail. Transfers – also online – are usually completed after 1-3 bank working days. As soon as the amount has been credited to our account, the goods will be dispatched. Please note that your order will be automatically cancelled if the invoice amount has not been credited to our account within 10 days.
- Company invoice
Payment by company invoice is only possible for major customers, public or state institutions, schools, universities and institutes with an invoice address within Germany and Austria. Please transfer the invoice amount, stating the invoice number, no later than 7 days after receipt of the goods.
5.2 Unfortunately, we do not accept cash on delivery orders. We ask for your understanding.
5.3 We also reserve the right to exclude the selected payment method for certain orders and to refer you to our other payment methods instead.
5.4 Your data is of course secure during the payment process and in good hands with us. For further details on data protection, please refer to our data protection declaration.
- prices and shipping costs
The prices stated on the product page are prices in euros (in €) and include the statutory value added tax and other price components.The shipping costs are to be borne by the customer and are clearly stated again on the product page, in the shopping basket and on the order page.
7.1 The delivery time is up to 7 working days. This period begins on the day after the respective payment order is placed.
7.2 We will indicate any deviating delivery times on the product page.
- retention of title
The goods remain our property until full payment has been made.
- dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.
Defective goods must be returned to us. We shall be liable for damages in accordance with the statutory provisions, whereby liability for damages caused by slight negligence shall be excluded in any case. Insofar as the customer is a consumer. The limitation of liability does not apply to damages resulting from injury to life, body or health of persons. Liability is limited to the amount of the purchase price. Under no circumstances shall we be liable for consequential damages, other property damages, financial losses or damages from claims of third parties asserted against you.
- Final provisions
11.1 The contractual relationship shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11.2 If the buyer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
11.3 Should a provision in these General Terms and Conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.