§ 1 Basic provisions
- The following business terms are applicable to all the contracts, which you conclude with us as a supplier (ASMC GmbH) via the test.asmc.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
- A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
- The subject-matter of the contract is the selling of products .
- Our offers on the website are non-binding and are not a binding offer to conclude a contract.
- You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart'. You can use the respective button in the navigation bar to call up the "shopping cart" and make changes at any time. After the ‘check-out' page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
When the order is placed using the "Place order in conjunction with a liability to pay" button, you are considered to have made a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
- The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
- You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
- The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
- You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
- You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
- We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
§ 4 Right of retention, reservation of proprietary rights
- You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
- The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
- The statutory warranty rights are applicable.
- Claims for defects shall be excluded for used items if the defect occurs after one year from delivery of the item. If the defect occurs within one year from delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
- As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 6 Choice of law, place of fulfilment, jurisdiction
- German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
- If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
- The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 7 Protection of minors
- For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
- By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
- As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
- As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.
§ 8 E-Mail Newsletter
If you register for the ASMC newsletter, we use the data required for this or separately provided by you in order to regularly send you our e-mail newsletter based on your consent. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided in the newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and which we will inform you about in this declaration.
§ 9 E-mail advertising without registering for the newsletter and your right to object
If we receive your e-mail address in connection with the sale of a product or service and you have not objected, we reserve the right to regularly send you offers on similar products from our range by e-mail.
This serves to safeguard our legitimate interests, which are predominant in the context of a weighing of interests, in addressing our customers for advertising purposes.
You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided in the advertising e-mail without incurring any costs other than the transmission costs according to the basic tariffs.
The newsletter is sent as part of processing on our behalf by a service provider - the company Emarsys - to whom we pass on your e-mail address.
This service provider is located within a country of the European Union or the European Economic Area.
§ 10 Postal advertising and your right to object
In addition, we reserve the right to use your first and last name and your postal address for our own advertising purposes, e.g. to send interesting offers and information about our products by post. This serves to safeguard our legitimate interests, which are predominant in the context of a weighing of interests, in addressing our customers for advertising purposes.
The advertising mailings are processed on our behalf by a service provider to whom we pass on your data.
You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described below.