Terms and Conditions
Terms and Conditions with Customer Information
Scope of Application
Conclusion of Contract
Prices and Payment Conditions
Delivery and Shipping Conditions
Right of Withdrawal
Reservation of Ownership
Liability for Defects
Redemption of Vouchers
Applicable Law
Jurisdiction
Information about Online Dispute Resolution
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Amilano GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Conclusion of Contract
2.1. The presentation of the goods, especially in the online shop, does not represent a binding offer by the Seller.
2.2. Initially, the Customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing is recorded. At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
The Customer can also submit this offer to the Seller by fax, email, post, or telephone.
2.3. The Seller accepts the Customer's offer through the following possible alternatives:
Sending a written order confirmation or an order confirmation in text form (fax or email)
or
Requesting payment from the Customer after placing the order
or
Delivery of the ordered goods
The decisive factor for the time of acceptance is the first alternative that occurs.
The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the fifth day after the offer is sent. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound by his declaration of intent.
2.4. If the payment method "PayPal" or "Paypal Express" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "Paypal"). The Paypal user agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase or pays via one of the PayPal payment methods, he submits his offer by clicking on the button concluding the ordering process. If the Customer simultaneously grants PayPal the payment order by clicking on this button, the Seller, contrary to the above provisions, declares the acceptance of the Customer's offer at the time of issuing the payment order.
2.5. The text of the contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The General Terms and Conditions can be viewed by the Customer on this page at any time. The order data, the cancellation policy, and the GTC are sent to the Customer by email. After completing the order, the contract text is available to the Customer free of charge via his customer login, provided he has opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the Customer before sending the order and corrected by pressing the back button of the browser or using the usual mouse and keyboard functions. In addition, if available, correction buttons are available to the Customer, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the responsibility of the Customer to provide a correct email address for contact and order processing and to set the filter functions so that emails related to this order can be delivered.
3. Prices and Payment Conditions
3.1. The displayed prices are final prices unless otherwise agreed. If the goods are subject to margin taxation under § 25a of the German VAT Act (UStG), VAT will not be shown separately. The seller reserves the right to cancel the order before shipment if a pricing error is detected that would result in a loss-making transaction for the seller.
If additional shipping costs arise, this can be found in the product description.
3.2. If the delivery is made to a non-EU country, additional duties, taxes, or fees may have to be paid by the Customer to the customs or tax authorities or to credit institutions there.
The Customer is advised to inquire about the details before placing an order with the respective institutions or authorities.
3.3. The Customer can choose the payment methods available in the online shop.
3.4. In the case of payment in advance by bank transfer, payment is due immediately after the conclusion of the contract, unless otherwise agreed.
3.5. If payment is made by "PayPal," payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6. In the case of payment via "PayPal Direct Debit," the claim is collected by PayPal after the Customer has issued a SEPA direct debit mandate and after the deadline for pre-notification has expired on behalf of the Seller from the Customer's bank account. A pre-notification is the Seller's announcement to the Customer that his account will be debited by SEPA direct debit and can be done, for example, in the form of an invoice or a contract. If the direct debit cannot be redeemed due to insufficient account coverage or due to the provision of incorrect bank details or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the return debit by the respective credit institution, if he is responsible for this. The remaining contractual relationship as well as rights and obligations towards the Seller and the Seller remain unaffected by payment by direct debit.
3.7. When paying with a Klarna payment method (if offered invoice purchase, installment purchase, direct debit, credit card), payment processing is carried out by Klarna BANK AB (publ) https://www.amilano.de/content/(https%3A//www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
When paying by credit card, your credit card account will be charged immediately after the purchase process is completed. When paying by direct debit, you grant Klarna a SEPA direct debit mandate when placing the order. Klarna will inform you of the date of debiting your account (so-called pre-notification). By submitting the direct debit mandate, Klarna requests your bank to initiate the payment transaction. The payment transaction is carried out automatically, and your account is debited. The account will be debited after the goods have been shipped.
For payment processing via Klarna, the GTC and the data protection declaration of Klarna apply in addition to these GTC. Further information on the Klarna payment methods offered by the Seller and the conditions for this can be found in the Seller's payment information.
When paying with "Immediate Transfer," payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To use the payment method, you need an online banking account with PIN/TAN procedure with which you can authenticate yourself during the payment process and confirm the payment instruction to "SOFORT." Payment is made immediately after the payment process is completed by "SOFORT" and your bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
3.8. When paying via Klarna invoice purchase or Klarna installment purchase, payment processing is carried out by Klarna BANK AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information on Klarna invoice and installment purchase and the conditions of Klarna for this can be found in the Seller's payment information under the following link:
https://www.amilano.de/content/Zahlungs-und-Versandinformationen.html
3.9. When paying by "IMMEDIATELY," payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATELY"). To use the payment method, the Customer needs an online banking account activated for "IMMEDIATELY" with PIN/TAN procedure, with which he can authenticate himself during the payment process and confirm the payment instruction to "IMMEDIATELY." Payment is made immediately after the payment process by "IMMEDIATELY" and the Customer's bank account is debited. Further information on the "IMMEDIATELY" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4. Delivery and shipping conditions
4.1. The delivery of goods by shipping is made to the delivery address specified by the Customer. In deviation from this, the delivery address specified by the Customer at the time of payment via PayPal is decisive.
4.2. Delivery by forwarding agent is made "free curbstone" to the public curbstone nearest to the delivery address. This only applies if nothing else results from the shipping information provided by the Seller and nothing else has been agreed upon.
4.3. If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be borne by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller had announced the service to him in advance in a reasonable manner. The costs of the initial delivery are excluded from this provision if the Customer has effectively exercised his right of withdrawal. In this case, the statutory or Seller's regulation remains in place.
4.4. In the case of agreed self-collection, the Customer will be informed by the Seller that the goods he has ordered are ready for collection. After receiving this email, the Customer can pick up the goods from the Seller's premises or from an agreed location after consultation with the Seller. In this case, no shipping costs will be incurred.
4.5. Vouchers are provided to the Customer in the following forms:
- by email
- by download
- by post
5. Right of withdrawal
5.1. If the Customer is a consumer, he generally has a right of withdrawal.
5.2. The Seller's right of withdrawal applies to the withdrawal policy.
5.3. Consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union, have no right of withdrawal.
6. Retention of title
If the Seller provides goods in advance, ownership of the goods remains with the Seller until full payment of the purchase price has been made.
7. Warranty
7.1. With regard to warranty, the statutory warranty provisions apply unless otherwise agreed.
7.2. The Customer is requested to complain to the deliverer about obvious transport damages and to inform the Seller thereof. Non-compliance has no consequences for the Customer's statutory or contractual warranty claims.
8. Redemption of promotional vouchers
8.1. Vouchers that the Seller provides free of charge within the scope of (promotional) campaigns for a certain period of validity and that the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only within the period specified by the Seller.
8.2. Individual products may be excluded from the voucher promotion. The specific restrictions can be found in the promotional voucher.
8.3. Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.
8.4. Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
8.5. The value of the respective order must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7. The credit of a promotional voucher will neither be paid out nor interest-bearing.
8.8. The promotional voucher will also not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9. Promotional vouchers are generally transferable. The Seller can make a liberating performance to the Customer who redeems the respective gift voucher. This does not apply if the Seller is aware of or grossly negligent ignorance of any lack of entitlement, incapacity to act, or lack of authorization of the respective holder.
9. Applicable law
9.1. German law applies, excluding the laws on the international sale of goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, remain unaffected.
9.2. This choice of law does not apply with regard to the statutory right of withdrawal for consumers if, at the time of conclusion of the contract, they do not belong to any Member State of the European Union and their sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
10. Place of jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business.
If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the Customer's professional or commercial activity. However, the Seller is also entitled to sue at the Customer's place of business in the aforementioned cases.
11. Information on online dispute resolution
The platform for online dispute resolution of the European Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but we are generally willing to do so.
