General Terms and Conditions (GTC)

americk Deutschland GmbH

1. Scope of Application

These General Terms and Conditions apply to all business relationships between americk Deutschland GmbH, Prinzenallee 1, 40549 Düsseldorf, Germany (hereinafter referred to as "americk"), and its customers, unless otherwise expressly agreed in writing.

The legally authorized representative of americk can be found in the imprint published on the website.

2. Subject Matter

americk operates a commercial website under the domain https://www.americk.de. Through this website, americk offers products and services in the fields of information technology, telecommunications, and presentation technology.

3. Contractual Partner

The contractual parties are americk Deutschland GmbH and the respective customer.

4. Offer and Conclusion of Contract

All offers presented on the website or in electronic catalogs are non-binding and subject to availability.

A binding contract is concluded only upon written order confirmation by americk. Automated confirmations do not constitute a legally binding acceptance unless expressly stated.

americk reserves the right to deliver products of equivalent quality and value if the originally ordered product is unavailable, provided the customer gives prior written consent.

5. Prices

Prices applicable at the time of order shall apply.

All prices are final prices and include statutory value-added tax unless expressly stated otherwise.

In the event of obvious pricing errors, no contract shall be deemed concluded.

6. Delivery and Delivery Time

Delivery times stated are non-binding unless a binding delivery date has been expressly agreed in writing.

In cases of force majeure, including but not limited to war, natural disasters, labor disputes, or official measures, americk shall be released from its delivery obligations for the duration of the impediment.

If performance becomes impossible for more than one month due to force majeure, the customer shall be entitled to withdraw from the contract.

7. Right of Withdrawal (Consumers Only)

If the customer is a consumer within the meaning of applicable law, they have the right to withdraw from the contract within fourteen (14) days without stating reasons.

The withdrawal period begins upon receipt of the goods.

The withdrawal must be declared in text form (e.g., letter or email) or by returning the goods to:

Timely dispatch shall be sufficient to meet the deadline.

Consequences of Withdrawal

In the event of effective withdrawal, all received benefits must be returned.

The customer shall bear the return costs if the goods correspond to the order and the price does not exceed EUR 40, or if the customer has not yet made payment.

The right of withdrawal does not apply to:

• sealed software, audio or video recordings once unsealed
• goods made to customer specifications
• customized or build-to-order systems

8. Payment Terms

americk shall issue an invoice for the ordered goods or services.

Delivery shall be made against advance payment or cash on delivery, unless otherwise agreed.

9. Retention of Title

Delivered goods remain the property of americk until full payment of all claims arising from the contractual relationship.

The customer may not resell, pledge, or otherwise dispose of the goods prior to full payment.

10. Warranty

Statutory warranty rights apply.

Obvious defects must be reported in writing within three (3) working days after receipt.

In commercial transactions, the warranty period is limited to one (1) year.

americk is entitled to choose between repair or replacement.

11. Liability

americk shall be liable without limitation for damages resulting from:

• intent or gross negligence by executive bodies or senior management
• injury to life, body, or health
• guarantees expressly assumed
• liability under the Product Liability Act

In cases of culpable breach of essential contractual obligations, liability shall be limited to foreseeable, typical damages.

Any contributory negligence on the part of the customer shall be taken into account.

12. Data Protection

americk shall process personal data exclusively in accordance with applicable data protection laws, in particular the GDPR and German data protection regulations.

13. Governing Law and Jurisdiction

The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction, insofar as legally permissible, shall be Düsseldorf, Germany.

14. Final Provisions

The contract language is German.

Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the parties.