GTC

General Terms and Conditions of americk GmbH & Co. KG

americk GmbH & Co. KG, Prinzenallee 1, 40549 Düsseldorf, legally represented by its Managing Director. The authorized representative can be found in the imprint. The following terms and conditions are written in German and can be loaded by the customer into their memory. Upon request, they can be requested in digital or written form under Terms and Conditions or via the email address info@americk.de. They will also be handed to the customer with each product delivery.

Preamble
americk GmbH & Co. KG operates a website for commercial purposes under the domain http://www.americk.de. On this website, americk GmbH & Co. KG offers customers products related to computer technology, telecommunications, and presentation technology for purchase over the Internet.

§ 1 Contractual Partner
The contractual partners under these terms and conditions are americk GmbH & Co. KG and the customer.

§ 2 Product Selection

• The customer has the option to select and order products from the electronic catalog.
• The customer receives a separate description for each product in the electronic catalog. This product description is also provided to the customer in printed form when the ordered product is delivered.
• The customer can click on the desired products on the website. These will be collected in a virtual shopping cart, and the customer will receive a summary of the products at the end of their shopping, including the total price plus VAT and any other price components, such as shipping costs.
• americk GmbH & Co. KG allows the customer to check and, if necessary, correct the order for accuracy, especially for price and quantity, before confirming it.
• § 3 Return Instructions / Right of Return
• If the customer is a consumer, i.e., a natural person who has entered into a purchase contract with americk GmbH & Co. KG for a purpose that cannot be attributed to their commercial or self-employed professional activity, they can return the received products within two weeks without giving reasons by sending them back. The period begins at the earliest with the receipt of the products and these instructions. For non-shippable products (e.g., bulky goods), the customer can also declare the return request in text form, such as by letter, fax, or email. Timely dispatch of the products or the return request is sufficient to meet the deadline. In any case, the return is at the cost and risk of the provider.
• The return or return request must be addressed to:

Name/Company: americk GmbH & Co. KG
Address:
Prinzenallee 1
40549 Düsseldorf

Phone: +49 (211) 15 77 81-0
Email: info@americk.de
Website: https://www.americk.de

Return Consequences

• In the case of an effective return, the mutually received benefits must be returned and any benefits derived (e.g., usage advantages) must be surrendered. If the product deteriorates, americk GmbH & Co. KG may demand compensation from the customer. This does not apply if the deterioration of the product is exclusively due to its inspection, as would have been possible in a store. Otherwise, the customer can avoid the obligation to pay compensation by not using the product as an owner and refraining from doing anything that would impair its value.
• The customer is expressly informed that they must not make any changes to the product that may only be made by the manufacturer or other authorized persons. This particularly includes breaking or removing seals or serial numbers or circumventing comparable security measures.

§ 4 Cancellation Policy / Right of Cancellation

• If the customer is a consumer, i.e., a natural person who has entered into a purchase contract with americk GmbH & Co. KG for a purpose that cannot be attributed to their commercial or self-employed professional activity, they can revoke their contractual declaration within two weeks without giving reasons in text form (e.g., letter, fax, email) or by returning the product. The period begins at the earliest with the receipt of these instructions. Timely dispatch of the cancellation or the product is sufficient to meet the cancellation deadline.
• The cancellation is to be addressed to:

Phone: +49 (211) 15 77 81-0
Email: info@americk.de
Website: https://www.americk.de

Cancellation Consequences

In the case of an effective cancellation, the mutually received benefits must be returned and any benefits derived (e.g., usage advantages) must be surrendered. If the customer cannot return the received service in whole or in part, or can only return it in a deteriorated condition, they must provide compensation to americk GmbH & Co. KG to this extent. This does not apply if the deterioration of the product is exclusively due to its inspection, as would have been possible in a store. Otherwise, the customer can avoid the obligation to pay compensation by not using the product as an owner and refraining from doing anything that would impair its value.

Shippable items must be returned. The customer must bear the cost of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed 40 euros, or if, at a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free for the customer. Non-shippable items will be picked up. The customer must fulfill obligations to refund payments within 30 days after sending their cancellation declaration.

The right of cancellation does not apply to deliveries of audio or video recordings or software, provided the delivered data carriers have been unsealed by the consumer, as well as goods that have been made according to customer specifications (e.g., BTO systems or special orders).

§ 5 Prices

The prices listed on the websites at the time of the order apply. No contract is formed in the case of obvious errors (e.g., €0 prices due to a database error).

§ 6 Conclusion of Contract

• The offers of americk GmbH & Co. KG on the websites of the electronic catalog are non-binding. Therefore, americk GmbH & Co. KG is not obligated to deliver in case of non-availability. A contract and thus a binding agreement on the individual services is concluded when americk GmbH & Co. KG confirms the customer's order in text form, which does not come from an electronic procedure.
• americk GmbH & Co. KG is entitled to deliver a product of equal quality and price if the ordered product is not available for reasons beyond the control of americk GmbH & Co. KG, provided the customer expressly agrees to this procedure in text form when such a case occurs.

§ 7 Delivery Time

• The delivery time is determined by the electronic catalog. Delivery time information is non-binding unless a binding delivery date is exceptionally promised in writing in individual cases.
• If americk GmbH & Co. KG cannot fulfill the delivery due to force majeure (especially war, natural disasters, etc.), they are released from their delivery obligations for the duration of the hindrance.
• If the execution of the order or the delivery of the product is impossible for more than one month due to force majeure, the customer is entitled to withdraw from the contract.

§ 8 Payment Terms

• americk GmbH & Co. KG issues an invoice to the customer for the ordered product. americk GmbH & Co. KG delivers against advance payment or COD. Advance payments or orders for debits will be considered when invoicing.
• Prices on the invoice are always end customer prices including VAT.

§ 9 Retention of Title

Until all claims from the purchase contract against the customer have been settled, the delivered product remains the property of americk GmbH & Co. KG. As long as this retention of title exists, the customer may not resell the product or dispose of it. In particular, the customer may not contractually grant third parties any use of the product.

§ 10 Warranty and Liability

• The provider's warranty is in accordance with the statutory provisions.
• The customer must notify americk GmbH & Co. KG of any defects in the product immediately and send the product to americk GmbH & Co. KG. Obvious defects must be reported in writing within 3 working days of receipt of the product.
• In commercial transactions, the warranty is limited to one year, and americk GmbH & Co. KG is entitled to choose to repair the product or provide a free replacement.
• americk GmbH & Co. KG is liable

- For the full amount of damages in the case of gross negligence by their organs and senior employees,

- On the merits in the case of any culpable breach of essential contractual obligations,

- Outside such obligations, also on the merits for gross negligence by simple agents, unless americk GmbH & Co. KG can exonerate itself by virtue of commercial usage.
- In the last two cases, liability is limited to the typical foreseeable damage.

- Contributory negligence by the customer is to be taken into account.

• Liability for intent, guarantees, fraud, and for personal injury and under the Product Liability Act remains unaffected.

americk GmbH & Co. KG will observe all data protection requirements, especially the provisions of the Telemedia Data Protection Act.

§ 12 Final Provisions

The contract language is German.

If any provision of these terms and conditions is invalid, the remaining provisions shall remain in effect. americk GmbH & Co. KG and the customer will replace the invalid provision with a valid one that most closely reflects the economic intent of the parties.