Terms and Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS AND DELIVERY (GTC) OF THE COMPANY
AMABIENTE GMBH FOR THE INTERNET SHOP
1 - General
(I) The customer accepts the following GTC for the entire business relationship between him and AMABIENTE GmbH, Weinlagerstrasse 11, CH-4056 Basel, registered in the commercial register of BaselStadt, Switzerland, under CH-400.4.019.701-1, represented by the managing director Regine Trenkle, Weinlagerstrasse 11, CH-4056 Basel.
(II) The General Terms and Conditions are applied at the time the contract is concluded. We reserve the right to change the terms and conditions. This also serves to improve and integrate new services on our web shop. Customers are therefore required to regularly review the basis of the date of the terms and conditions before a purchase, whether any change have been made in the terms and conditions.
(III) It applies only to the terms of AMABIENTE Ltd.
(IV) All questions or complaints relating to these terms and conditions or to contracts underlying to those can be made by writing to AMABIENTE GmbH, Weinlagerstrasse 11, CH-4056 Basel or by e-mail to web@amabiente.com.
2 - Registration
Condition of using our online shop is an online application. The customer must sign up for www.amabiente.com and specify the requested data complete and correct.
3 - Contract
(I) The online presentation of our range does not include an offer of agency. It is an invitation to the customer to make a binding offer to us.
(II) By clicking the button "order" the client sends an order to us and gives a firm offer from including terms contained in the shopping cart. He accepts these terms and conditions as to the legal relationship binding.
(III) We will confirm receipt of the order by e-mail. This confirmation is not binding acceptance of the order.
(IV) The purchase is made only when we send the customer an explicit order confirmation.
(V) This is done by another e-mail that is sent to the confirmation of receipt. This email is the order confirmation / proforma invoice attached as an appendix.
(VI) Together with the delivery, the customer receives an invoice and a delivery note.
3 - Writing
Verbal agreements to this contract do not exist. Changes and additions to this contract must be in writing.
4 - Prices
(I) Our prices are inclusive VAT (20% Austria).
For orders shipped to Switzerland, Swiss customers have to pay customs duties and VAT (usually directly to the forwarder. The Austrian VAT (20%) is not included in the sale price. This is also applicated to other countries outside of EU.
(II) The costs for shipping are shown separately. For shipping costs look at the conditions of delivery. These delivery terms are part of the contract and are attached to the terms and conditions.
(III) Prices apply to the current date of order. Price changes are recorded.
5 - Payment Terms
(I) The purchase price is basically gross at the time of contracting, payable including VAT and without deduction.
(II) The Customer agrees that invoices may be sent by e-mail.
(III) The payment of the purchase price is based on the customer's choice in advance or by credit card. For customers who order from Austria, payment by cash on delivery is also possible. In the case of prepayment, the payment is due immediately after receipt of order confirmation. In the case of payment by credit card, we accept VISA, MasterCard and Maestro. Payment by cash only delivery is at extra cost, which can be found in the conditions of delivery.
6 - Retention of Title
The delivered goods remain our property until all claims have been settled against the customer.
7 - Delivery Conditions
(I) The products are shipped to the customer’s specified delivery address. The delivery address may differ from the customer address. Orders are shipped from stock in Linz to Austria and other in our delivery conditions mentioned countries. Current shipping prices can be seen in our current conditions of delivery.
(II) Usual delivery time is 2 to 7 days.
(III) In the case that good ordered are not available, despite the previous signing of a corresponding purchase agreement, we reserve the right to rescind the contract or an extension of the deadlines. This applies only to cases where we have not taken the non-availability. We would immediately inform the customer about the unavailability or delay and would promptly reimburse all return in case of any cancellation by the customer.
(IV) In case of impossibility both parties represented are allowed to retire from the contract.
(V) We reserve the right to make partial shipments without additional costs, if it is reasonable for the customer. Additional costs arise only if the partial delivery takes place at the express request of the customer.
8 - Rights Relating to Defects
(I) The goods are delivered exclusively in our current online catalogue specified designs.
(II) Since our candles are handmade, small variations are possible and make no shortage. This applies to minor discrepancies between the candles in a series with each other, and for small deviations from the candles of our representation in our online shop.
(III) If the goods should be defective in spite of our high-quality standards, the customer is entitled to the statutory warranty rights.
(IV) If the customer is a merchant, he is asked to investigate the goods upon receipt and constitute possible damage without delay. If he fails to report the goods shall be deemed approved unless there is a deficiency which the investigation has not revealed. Defects must be reported without delay after the discovery, otherwise the goods shall be allowed. To preserve the rights, it is sufficient to send a note in time.
9 - Offsetting
There is only right of set-off if the customer’s counterclaims have been legally determined or undisputed.
10 - Withdrawal
(I) As a consumer you may cancel your contract without giving any reasons within 14 days in writing (by letter, fax, e-mail) or by returning the goods.
(II) The period shall begin upon receipt of this instruction in writing, but not before receiving the goods and also does not fulfil our legal information.
(III) The revocation period is sufficient to send the notice of cancellation or the goods.
(IV) The withdrawal and the return of the goods are to be provided to:
AMABIENTE Warehouse, LOGWIN SOLUTIONS, NEBINGERSTRASSE 13, A-4020 LINZ.
(V) There is no right of withdrawal for custom-made articles, which were manufactured according to specific and individual customer specifications.
11 - Consequences of Withdrawal
(I) In case of an effective cancellation the mutually received benefits and any benefits (e.g. interest).
(II) If the customer can give back the performance received whole or in part, or only in deteriorated condition, he must provide the extent appropriate compensation. This does not apply if the deterioration of the case solely on their examination. Incidentally, he can avoid the obligation to pay compensation for a purpose by putting the resulting deterioration thing by not using the goods as his property and avoid everything that could reduce its value.
(III) Parcel goods are returned by customers. The return is at our peril.
(IV) The customer bears the cost of the return if the delivered goods ordered and if the price of the returned goods do not exceed the sum of 100 Euros or if the customer is at a higher price of the goods at the time of withdrawal or has not yet receptive consideration or contractually agreed partial payment provided. Otherwise, the return for the customer is free.
(V) Non parcel goods will be collected at the customer.
(VI) Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the cancellation or the goods to us with their reception.
12 - Use of data / privacy
(I) The Notice takes us a high priority. The personal information you provide is only used to fulfil and process your order. A transfer of your data to the shipping company in charge is necessary for the coordination of delivery of the goods (name, address, telephone number). For the settlement of payments your payment details will be passed to our bank. A transfer of your data to other third parties.
(II) With the order the customer agrees explicitly to use this data. The customer may withdraw this agreement at any time with effect for the future.
(III) The customer has a right to free information about his stored personal data, the right to rectify, block or delete such data.
(IV) For questions regarding the collection, processing or use of personal information, the disclosure, correction, blocking or erasure of data may contact the customer at any time via email at web@amabiente.com, mail or fax.
13 - Limitation of Liability
(I) The liability for slight negligence is excluded. This does not apply to the violation of contractual obligations or guarantees for the loss of life, limb or health or if claims are affected by the product liability law.
(II) This also applies to actions of our legal representatives or agents.
(III) We are not responsible for the operation of computer networks and servers, and the constant availability of our online stores.
14 - Additional Information
All published data were carefully examined, subject to sentence or publication errors. We are grateful for help and continuous improvement. Please send comments to this with the heading "WEBSHOP CORRECTION" to web@amabiente.com.
15 - Applicable Law and Jurisdiction
If the customer is a merchant or a legal person of public law for all contracts subject to these terms and conditions to both sides the jurisdiction Basel, Switzerland and the Swiss law are applicable.
16 - Cancellation and Invalidity
Should one or more provisions of the above terms and conditions be or become invalid, the validity of the remaining provisions of these terms and conditions are not affected. In place of the invalid term, the statutory scheme is valid.
Delivery and Payment conditions.
Contact
If you have questions about our shipping / payment terms have, we are always available via
web@amabiente.com available.
Returns
They facilitate our processing of returns significantly when you first start by e-mail stating the order number
contact us. We are constantly striving to improve our quality and service and to help us with this, if you specify
the reason for your return. The same applies if you use the original packaging for return, attach a copy of the
delivery and affixed the words "WEBSHOP WITHDRAWAL".
If you want to exercise their statutory right of withdrawal, please note the information on this subject in the
terms and conditions (§ 10 and § 11).
Sample-Formular Withdrawl
(If you want to cancel the contract, please fill out this form and send it back.)
To: AMABIENTE GmbH
Weinlagerstrasse 11
CH-4056 Basel
Email: web@amabiente.com
Herewith I/we (*) withdraw the contract I/we (*) have signed concerning
the buying of following goods (*)/the reception of following services(*):
___________________________________________________________
___________________________________________________________
Ordered at date (*)/received at date (*):
___________________________________________________________
Name buyer / consumer:
___________________________________________________________
Address buyer/consumer:
___________________________________________________________
___________________________________________________________
Sign buyer/consumer (only when sent by post-mail)
_____________________________
Date
_____________________________
(*) cross not valid information