acm europe GmbH - General Terms and Conditions
Consumers
Commercial customers
Preamble/General
The following terms and conditions apply to all contracts, deliveries and other services provided by acm europe GmbH, Mitteltal 29, D-79252 Stegen. Please note that different terms and conditions apply to commercial customers and to consumers. Our offers are not binding and liable to change without notice. We reserve the right to alter the colour and design of articles and to make technical improvements. Our General Terms and Conditions can be downloaded for printing from http://www.my-acm.eu. All merchandise remains the property of acm europe GmbH until it has been fully paid for.
Consumers
Consumers are all persons entering into contracts for a purpose which cannot be attributed to their trade or independent commercial activity.
Contract
The presentation of products in our online shop is not a legally binding offer, but it is a constituite a online-catalog. By clicking the button "Finish Order", you place a binding order in the shopping cart. The confirmation of receipt of your order goes together with the acceptance of your order immediately after sending you our automated e-mail. This email confirms your order.
Section 1 Unlimited right of return
Right of return for customers
Customers who are consumers can return merchandise without giving grounds within one month of delivery. The period of one month begins at the earliest when the merchandise is delivered and the customer is notified of this provision in writing. The customer can also return the merchandise by declaring in writing, e.g. by letter, fax or email, that the merchandise should be taken back. It is sufficient that the merchandise is dispatched or the request to take it back made within the one month period. The merchandise is to be returned. Returning the merchandise is free of charge and the postage and packing costs will be reimbursed. The return of or the request to take back merchandise should be addressed to:
| Company name | acm europe GmbH |
| Address | Mitteltal 29, D-79252 Stegen |
| Fax | +49 7661 90 71 949 |
| info@my-acm.eu |
Consequences of return
When the merchandise has effectively been returned both parties are to refund the payments received and any benefits derived (e.g. from use). Compensation can be claimed for any impairment of the merchandise. This does not apply if the impairment results solely from inspecting the merchandise – as the customer would have been able to do in a shop for example. Otherwise the customer can avoid the obligation to provide compensation by not using the merchandise as an owner would and refraining from doing anything to impair it. The right of return does not apply to contracts for the delivery of merchandise produced according to customer specifications (e.g. logo, engraving, printing etc.) or clearly adapted to their personal requirements.
Section 2 Prices and delivery
(1) Prices charged are the list prices of acm europe GmbH at the time the order is made. Prices are ex offices of acm europe GmbH and include the costs of postage and packing.
(2) Delivery take place by sending the purchased item to the address notified by the consumer. The consumer is liable to pay handling and shipping. The delivery takes place immediately after payment.
(3) Delivery time
in Germany: about 1-3 working days
in the EU: about 3-5 working days
not EU: about 5-10 working days
For delivery of our products in NON-EU countries may apply possibly duties, taxes and fees.
Section 3 Payment
acm europe GmbH will issue the customer with an invoice for the ordered goods, which will be delivered with the merchandise. acm europe GmbH only accepts payment in advance of delivery. Payment can be made by Paypal or bank transfer. Payments are deemed to have been received on the date they are credited to the account of acm europe GmbH.
Section 4 Guarentee and liability
The customer is to notify acm europe GmbH without delay of any defects in the merchandise and also to return it at acm europe GmbH’s expense. The scope of the guarantee given by acm europe GmbH is defined in Sections 433 et seq German Civil Code (BGB).
Section 5 Transfer of risk/force majeure
(1) The risk of accidental destruction or accidental impairment of the sold goods is only transferred when the goods are delivered to the customer.
(2) Delivery is deemed to have been made if the customer refuses to accept delivery.
Section 6 Concluding terms
(1) The language of contracts is German, English, Italian.
(2) If any provision of these General Terms and Conditions should not become part of the contract or is invalid in whole or in part, the remainder of the contract remains valid.
Commercial customers
Commercial customers are persons, companies or partnerships entering into contracts in the course of their trade or independent commercial activity.
Section 1 Delivery and payment
(1) acm europe GmbH supplies commercial customers against invoice. Invoiced amounts are due within 7 days. Depending on the order quantity and any customer specifications 50% of the invoice amount is due when the order is confirmed. Postage and packing will be invoiced with the order confirmation.(2) Delivery will be made as stated on the order confirmation.
(3) If payment is not made on time acm europe GmbH will charge penalty interest of 8% above the basic rate, unless acm europe GmbH can provide evidence of a higher rate of interest.
Section 2 Transfer of risk and guarentee
(1) Risk is transferred to the customer as soon as acm europe GmbH or its suppliers have delivered the consignment to the freight forwarder or the consignment has left acm europe GmbH’s warehouse for dispatch. If dispatch becomes impossible through no fault of acm europe GmbH, risk is transferred when the customer is notified that the consignment is ready for dispatch.(2) Delivery is deemed to have been made if the customer refuses to accept delivery.
(3) The statutory guarantee period applicable to commercial transactions is one year, and during this time ecm europe GmbH is entitled to repair the product or replace it free of charge as it sees fit. For merchandise produced to customer specifications the customer is only entitled to demand repair or replacement by goods of equal value without the customer specifications.
Section 3 Concluding terms
(1) Only our General Terms and Conditions apply; we therefore explicitly reject any differing terms in the General Terms and Conditions of our customers.(2) If any provision of these General Terms and Conditions is invalid the whole provision is invalid. Statutory regulations then apply in place of the invalid provision. Other terms and conditions remain unaffected by this invalidity to the extent that they are separable from the invalid provision; they therefore remain valid.
(3) German law applies and excludes UN commercial law (CISG). Place of fulfilment and jurisdiction is 79098 Freiburg.
| Company name | acm europe GmbH |
| Address | Mitteltal 29, D-79252 Stegen |
| Telephone | +49 7661 90 77 05 |
| Fax | +49 7661 90 71 949 |
| info@my-acm.eu | |
| Internet | www.my-acm.eu |
Version No. 1.4 correct as of 07.06.2011
Address
acm europe GmbHMitteltal 29
79252 Stegen
Germany
FON +49 7661 90 77 05
FAX +49 7661 90 71 949
MAIL info@my-acm.eu
