Terms of service
General Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (AMG Sicherheitstechnik GmbH) via the website shop.amg-alarmtechnik.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) By already listing the respective product on our website, we make a binding offer to conclude a contract through the online shopping cart system, based on the conditions specified in the item description.
(3) The contract is formed through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." By clicking on the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time. After visiting the "checkout" page and entering personal data as well as payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Instant payment (Sofortüberweisung)) as your payment method, you will be either directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. When redirected to the respective instant payment system, you will make the necessary selection or enter your data. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the web browser), or cancel the order. By clicking the appropriate button ("order with an obligation to pay" or a similar designation), you make a legally binding acceptance of the offer, thereby forming the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that you receive emails technically, and, in particular, that they are not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Credit Check
If we make an advance payment, e.g., for payment by invoice or direct debit, your data will be forwarded to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin, for the purpose of a credit check based on mathematical-statistical methods, to protect our legitimate interests. We reserve the right to refuse you the payment method of invoice or direct debit based on the results of the credit check.
(2) Purchase on Account via Billpay
In the case of purchase on account, the invoice amount is due for payment to our external partner Billpay GmbH www.billpay.de on the calendar day specified in the invoice (20 or 30 calendar days after the invoice date). The payment method of purchase on account is not available for all offers and, among other things, requires a successful credit check by Billpay GmbH. If you are allowed to purchase on account for specific offers after the credit check, the payment will be processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, you can only make payments to Billpay GmbH with a debt-discharging effect. We remain responsible for general customer inquiries (e.g., regarding the product, delivery time, shipment), returns, complaints, withdrawal declarations, returns, and credits even when purchasing on account via Billpay. The General Terms and Conditions of Billpay GmbH apply: http://www.billpay.de/allgemein/datenschutz/
(3) Purchase by Direct Debit via Billpay; SEPA Direct Debit Mandate; Processing Fee for Returned Debits
(a) When purchasing by direct debit via Billpay, the total amount is immediately due for payment by direct debit through our external partner, Billpay GmbH, from the specified checking account indicated in the order process, at the credit institution provided (the checking account). With this, you grant Billpay GmbH a SEPA direct debit mandate to collect outstanding payments and instruct your bank to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number, along with a template for a written mandate, will be provided to you at a later date via email. You will need to sign this written mandate and send it to Billpay.
Please note: Within eight weeks, starting from the debit date, you may request reimbursement of the debited amount. The conditions agreed upon with your bank will apply. Please be aware that the due claim remains, even in the case of a returned debit. Further information can be found at https://www.billpay.de/sepa/
You will receive advance notice of the SEPA direct debit collection at least one day before it is due by email to the email address you provided during the order process.
If the checking account does not have the necessary coverage, the credit institution holding the account is not obliged to honor the direct debit. Partial debits are not carried out in the direct debit procedure.
(b) The payment method of purchase by direct debit is not available for all offers and requires a successful credit check by Billpay GmbH, as well as a checking account held in Germany, among other conditions. If you are granted the option to purchase by direct debit for specific offers after a credit check, the payment will be processed in collaboration with Billpay GmbH, to which we assign our payment claim. In this case, you can only make payments to Billpay GmbH with a debt-discharging effect. We remain responsible for general customer inquiries (e.g., regarding the product, delivery time, shipment), returns, complaints, withdrawal declarations and returns, and credits, even when purchasing by direct debit via Billpay. The General Terms and Conditions of Billpay GmbH apply: http://www.billpay.de/allgemein/datenschutz/
(c) By providing the checking account information, you confirm that you are authorized to have direct debits processed through the specified checking account and will ensure the necessary coverage. Returned debits entail significant effort and costs for both us and Billpay GmbH. In the event of a returned debit (due to insufficient checking account coverage, the closure of the checking account, or an unauthorized objection by the account holder), you authorize Billpay to resubmit the direct debit for the outstanding payment obligation. In such a case, you are obligated to cover the costs incurred by the returned debit. Further claims are reserved. You have the option to provide evidence that lesser or no costs were incurred due to the returned debit. Given the effort and costs of returned debits and to avoid processing fees, you are requested not to object to the direct debit in the event of a revocation or withdrawal from the purchase agreement, a return, or a complaint. In such cases, the payment will be refunded via bank transfer or credit after consultation with us.
(4) Installment Purchase ("PayLater")
For installment purchase transactions, our Special Contractual Terms for Installment Purchase Transactions ("PayLater") apply in addition. You can view the special contractual terms for installment purchase transactions here.
(5) Payment via Klarna
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna for each option:
Instant Transfer: Available in Germany. Your account will be debited immediately upon placing the order.
For more information and Klarna's terms of use, please click here. You can find general information about Klarna here. Your personal information will be handled by Klarna in accordance with the applicable data protection regulations and as described in Klarna's data protection policies.
For more information about Klarna, please click here. You can find the Klarna app here.
(6) Payment via "secupay Credit Card," "secupay Direct Debit," or "secupay Invoice Purchase"
For the payment methods "secupay Credit Card," "secupay Direct Debit," or "secupay Invoice Purchase," we irrevocably assign our claim for payment in full to secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG conducts a credit check using the data transmitted as part of the order.
We reserve the right to refuse your chosen payment method based on the result of the credit check. You will be informed of this before submitting your order.
If the payment methods "secupay Credit Card" or "secupay Direct Debit" are approved, secupay AG accepts the assignment and subsequently debits the payment from your credit card or your bank account. Your bank or credit card account will be charged upon completion of the order.
If the payment method "secupay Invoice Purchase" is approved, secupay AG accepts the assignment, and the ordered goods are shipped or delivered to you together with the invoice. The purchase price is due for payment to secupay AG, Goethestraße 6, 01896 Pulsnitz, Germany within 10 (ten) calendar days after delivery of the goods.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to promptly check the goods for completeness, obvious defects, and transportation damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to comply with this has no effect on your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it before submitting the contract declaration by us and the deviation was expressly and separately agreed between the contracting parties.
(4) If a product requires a SIM card for operation and we deliver the product including a SIM card, the provision of the SIM card, including the initial SIM card credit, is a voluntary service on our part to enable the immediate use of the delivered product. For this voluntary service, we use a SIM card that, to the best of our knowledge, can establish the best possible network connection. These mobile network connections are provided by the providers of the respective countries. We have no influence on the network connections and their stability. Therefore, it may happen that, depending on the location of the product, no or only limited network connection can be established. A missing network connection is not a defect of the product, and the customer has no claim against us for the establishment of a stable network connection at every location. The customer is free to use another SIM card. If technically necessary, the customer must coordinate with us in advance regarding the usability of another SIM card. Once the credit of the free SIM card has been used up, the customer must reload the SIM card at their own expense if they wish to continue using it.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual abode is not known at the time of filing the lawsuit. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
I. Customer Information
1.Identity of the Seller
AMG Sicherheitstechnik GmbH Industriepark Str A-9 39245 Gommern Germany
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are prepared to participate in dispute settlement proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the contract itself, and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using the print function of your browser. After the order is received by us, the order data, legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries made outside the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., via email, which you can print or electronically save.
4. Codes of Conduct
4.1. We have subjected ourselves to the quality criteria of Käufersiegel of Händlerbund Management AG, accessible at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have adhered to the code of honor of Trusted Shops GmbH, viewable at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices specified in the respective offers, as well as shipping costs, represent total prices. They include all price components, including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a designated button on our website or in the respective offer, are indicated separately during the order process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If the delivery is to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by banks), which you are responsible for.
6.4. Incurred money transfer costs (transfer or exchange rate fees charged by banks) are to be borne by you in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.5. The available payment methods are indicated under a designated button on our website or in the respective offer.
6.6. Unless otherwise specified for individual payment methods, payment claims from the concluded contract are immediately due for payment.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or deterioration of the item sold during shipment only passes to you upon delivery of the goods, whether the shipment is insured or uninsured. This does not apply if you have independently engaged a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
8. Statutory Warranty Rights
The warranty is governed by the provisions of "Warranty" in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been prepared by legal experts specializing in IT law at Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable for any warnings issued. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: January 1, 2022.