TERMS & CONDITIONS - AMPLID.COM & PALLYHI.COM - AMPLID GmbH
§ 1 LEGAL STATEMENT
By using the Amplid GmbH (in the following “AMPLID/PALLY'HI”) website and by ordering products from AMPLID/PALLY'HI via the website or by phone, fax or email, you are agreeing to be bound by the terms & conditions set out underneath. If you do not agree with these terms and conditions without modification, then you should not use this website.
§ 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
1. Claims from AMPLID on the website or in other media do not state any final offers, they state however an invitation to a possible offer for customers. An order by a customer becomes a valid offer when a purchase is completed. When an order is placed by a customer they receive a confirmation per email. This confirmation does not incur that the offer has been accepted by AMPLID/PALLY'HI. The purchase is only classed as final when the delivery confirmation of the ordered products is sent by AMPLID/PALLY'HI.
2. If AMPLID cannot fulfill the order made by a customer or should certain products in an order not be available then the customer will be informed.
3. 3. AMPLID reserves the right to withdraw from the sales contract in cases of print or wording mistakes or inventory discrepancies on the website.
4. The customer has a cancellation right without reason with a withdrawal period of 14 days whereby Saturdays do not classify as work days. The period starts from the day of receipt of the products by the customer. It is sufficient when the withdrawal explanation is send during this period. The customer has no right to cancel for used products, demo- or prototype products and custom made products such as a “pair of ski mounted with bindings”.
5. Should the customer withdraw from the contract, AMPLID/PALLY'HI will return monies paid by the customer within 14 days. If the customer should wish they can also use the paid sum as a credit on other products instead.
6. The resulting return costs of sending a product back have to be paid by the customer. If the customer wishes to make an exchange then the delivery costs for sending out the new product will be covered by AMPLID/PALLY'HI. Should AMPLID/PALLY'HI send the customer an incorrect or faulty product then AMPLID/PALLY'HI will pay the return delivery costs back to the customer within 14 days of receipt of the return.
7. All offers are valid as long as stocks last. Should a supplier despite contractual agreement with AMPLID/PALLY'HI not be able to deliver the ordered products then AMPLID/PALLY'HI has the right to cancel a contract with a customer. In this case the customer will be informed in good time that the ordered product cannot be delivered. Any already paid monies will be returned within 14 days of cancellation to the customer or used for other products if this is the wish of the customer.
8. Socalled "Freebie Products" must be selected and put into the basket at the checkout and are subject to stock situation and campaigns. Customer has no right no claim such a freebie, nor is Amplid GmbH obliged to hand out a freebie. In case of a return, the handed out freebie must be returned as well, in case the total amount of purchase decreases below the qualifying amount for that said freebie.
§ 3 DELIVERY
1. Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
2. The delivery periods stated in the order and delivery confirmations or on the website pages apply. AMPLID/PALLY'HI has a duty to ensure that the order is delivered within 30 days of the order.
3. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
4. The delivery is sent from the AMPLID/PALLY'HI stock, the same location where the delivery starts with the delivery company. When the order is in the hands of the delivery company, at the latest when it leaves AMPLID/PALLY'HI stock, the risk is in the hands of the customer. The risk is also in the hands of the customer if there is a delay in the delivery due to reasons caused by not being present upon delivery.
5. Delivery and performance mistakes due to acts of higher force are not the responsibility of AMPLID/PALLY'HI . The results of outside influences give AMPLID/PALLY'HI the right to delay a delivery or to cancel non completed parts of orders. Acts of higher force include strike, blockades, import and export restrictions and other national interventions regardless whether they effect directly AMPLID/PALLY'HI or distributors to AMPLID/PALLY'HI.
6. In the case of effects of acts of higher force which will cause a delay of a delivery, we will of course inform the customer without delay.
§ 4 PAYMENT
1. All product prices at AMPLID/PALLY'HI include the legal VAT and are stated in Euros. For USA/CAN prices are in USD, excluding local sales tax. The prices are valid until otherwise revoked.
2. Customers from not EU countries can order at AMPLID/PALLY'HI minus VAT. The removal of the country specific taxes is in charge of the customer and is not under the responsibility of AMPLID/PALLY'HI. For customers shipping to USA/CAN, German VAT is already removed. If additional taxes or duties occur, they have to be paid the customer.
3. The retail price is payable upon placement of an order.
4. The customer can pay the order sum by credit card or as stated under PAYMENT on the website.
§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
A right to withhold may be invoked by the customer only when his complaints have been recognized legally by AMPLID/PALLY'HI.
§ 6 PROPRIETARY RIGHTS
All of our deliveries and performances occur under proprietary right. Until the delivered/ordered products have been paid for in full by the customer they remain the property of AMPLID/PALLY'HI.
§ 7 WARRANTY
1. The warranty period covers 2 years and begins the day the customer purchases the product.
2. The guarantee is not valid against wear and tear caused by normal daily use of a product.
3. Further details on warranty can be found under RETURNS and WARRANTY/GARANTIE.
§ 8 DISCLAIMER
AMPLID/PALLY'HI uses reasonable endeavors to make the AMPLID/PALLY'HI site easy to use and free of problems. AMPLID/PALLY'HI makes no (and expressly disclaims all) warranties or representations of any kind, express or implied by operation of law or otherwise including but not limited to warranties of satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness and/or currency, with respect to this site or its contents including but not limited to all information accessible via this site, products and materials, text graphics, hyperlinks and with respect to sites accessed from the AMPLID/PALLY'HI website.
§ 9 PARTNER LINKS
AMPLID/PALLY'HI has chosen partners to have links from its site. However these sites are not within our control and we cannot be held responsible in any way for the content or services on these sites nor can we vouch for the privacy practices operated on those sites.
§ 10 DATA PROTECTION
1. The customer is aware of the type, extent, location and purpose for the collection, processing and utilisation of personal data obtained from the completion of an order or the registration of an email newsletter.
2. The customer gives his/her consent for this collection, processing and utilisation of personal data.
§ 11 APPLICABLE LAW AND JURISDICTION
1. This web site was created and is served in Germany, german law therefore governs it and should any legal discrepancy occur, it will be dealt with in a german court of law.
2. The place of fulfilment for both parts, and place of jurisdiction for all claims of the contractual partner from this contract, including actions on cheques or dishonoured bills, shall be Miesbach. At our choice, the customer may also be sued at his general place of jurisdiction. German law shall apply exclusively. UN purchase law is expressly excluded herewith.
§ 12 SALVATORY CLAUSE
If a provision of these terms and conditions should be or become ineffective, the remaining terms and conditions shall remain effective. The ineffective provision shall be replaced by another which is as close as possible to the ineffective provision.