General terms and conditions for online sales via the A.M. Bunker online shop at www.am-bunker.com

§1 GENERAL, CUSTOMERS , LANGUAGE

(1) All offers, purchase contracts, deliveries and services in connection with orders from our customers via our online shop at www.am-bunker.com are subject to these General Terms and Conditions. By purchasing our products via this website, you agree to these General Terms and Conditions, which may be updated by us from time to time. Such updates will be announced via this website.


(2) The seller of the products and contractual partner for the purchase of the products is:

A.M. Bunker
Hertzstrasse 71, House 6

13158 Berlin, Germany
Owner/Managing Director: Andreas Mühe

(3) The products offered in our online shop are aimed at natural and legal persons with legal capacity. This applies to both consumers and entrepreneurs, with the restriction that the buyers are end users of our products. The goods in our online shop are not sold to commercial resellers. A.M. Bunker offers separate sales conditions for commercial resellers. If you are interested, please contact us at talk@am-bunker.com

(i) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity (Section 13 of the German Civil Code) and
(ii) An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a contract, acts in the exercise of his or her commercial or independent professional activity (Section 14 (1) of the German Civil Code).

(4) The customer’s terms and conditions shall not apply, even if we do not expressly object to their validity in individual cases.

(5) The contract language is German.

 

§2 CONCLUSION OF CONTRACT

(1) Our offers in the online shop are non-binding and subject to change. The images shown are for product presentation purposes and do not constitute a legally binding offer. We reserve the right to make changes and adjustments to the offers.

(2) The ordering process is initiated by placing an order in our online shop. By placing the order, the customer makes a binding offer to purchase the selected product. A.M. Bunker reserves the right to accept or reject this offer up to the third working day after receipt of the order.

(3) If you place an order via PayPal and provide your payment details, you will receive a confirmation of your payment from PayPal. This confirmation also counts as acceptance of your offer. In addition, we will inform the customer separately about the acceptance of the purchase offer (order confirmation by email). The purchase contract is concluded with the payment itself.

 

§3 PRICES, SHIPPING COSTS AND PAYMENT

(1) For purchases in Germany and EU member states, our prices include the statutory German VAT of 19%. Articles sold in other countries do not include VAT.

(2) For shipping within Germany, the shipping costs are €4.90. For all other countries a) EU member states €9.90 and b) non- EU member states €15.90. The shipping costs are shown separately in the "order summary" as "shipping".

(3) We are entitled to make partial deliveries of individually usable products of an order and will bear the additional shipping costs incurred.

(4) For deliveries to countries outside the European Union, the customer is responsible for any applicable customs duties or other charges. Please note that these local charges (in particular customs duties, sales taxes, transfer/service fees) are at your expense.

(5) We only accept the payment methods that are shown to the customer when placing his order.

(6) The purchase price is due immediately upon conclusion of the contract.

(7) The customer shall not be entitled to any right of set-off or retention unless his counterclaims are undisputed or legally established and arise from the same contractual relationship.

§4 DELIVERY

(1) Unless otherwise agreed, delivery will be made from our warehouse directly to the delivery address specified in the order.

(2) Delivery dates specified by us for the dispatch of goods are only approximate and therefore non-binding.

(3) All delivery dates specified by us in the order or otherwise agreed upon begin on the day of payment of the full purchase price (including VAT).

(4) Compliance with any delivery deadlines shall be determined exclusively by the day on which we hand over the goods to the shipping company commissioned with the delivery.

(5) If the ordered goods are not available, we will inform the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. The customer's statutory rights due to delayed delivery remain unaffected by the above provisions; the customer's claims for damages only exist to the extent specified in Section 8.

 

§5 SHIPPING AND TRANSFER OF RISK

(1) Unless otherwise agreed, we will determine the appropriate shipping method and shipping company at our reasonable discretion.

(2) Deliveries within Germany and abroad are generally carried out by DHLGoGreen. Shipments can be tracked after registration.

(3) We are only liable for the timely and proper handover of the goods to the transport company and not for delays caused by the transport company. Any delivery time stated by us is therefore non-binding.

(4) If the customer is a consumer, the risk of accidental destruction, damage or loss of the goods passes to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk passes to the customer when the goods are delivered by the transport company.

 

§6 RESERVATION OF TITLE

(1) The delivered goods remain our property until the purchase price (including VAT and postage) has been paid in full.

(2) The customer is not entitled to resell the goods delivered by us subject to retention of title without our prior written consent.

 

§7 WARRANTY

(1) The statutory warranty provisions of German law (§§ 433 ff. BGB) apply to this purchase.

(2) If there is a consumer warranty and the goods are defective or deviate from the agreed product description, the customer is obliged to first request repair or replacement of the goods purchased in the A.M. Bunker online shop. If the goods cannot be repaired or replaced within a reasonable period of time or cannot be repaired or replaced without major effort, the customer can request compensation or a reduction in the purchase price. A.M. Bunker can refuse the customer's chosen compensation if the costs are disproportionate and decide how the customer will be compensated within the scope of the legal possibilities.

(3) If the customer himself or a third party on behalf of the customer has attempted to remedy the defects or has caused further damage to the products, the warranty shall no longer apply.

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions of Sections 433 et seq. apply. The German Civil Code (BGB) applies with the following modifications:

(a) Only our own information and the manufacturer's product description are binding ; public statements and advertising by the manufacturer are not relevant or binding for this purchase.
(b) You are obliged to check the products delivered by A.M. Bunker for completeness and correctness immediately after delivery. Any damage, defects and complaints must be reported to A.M. Bunker immediately after discovery, but no later than within 7 days, with a picture and a detailed description.
(c) If the damage or defect is reported after expiry of this period, the delivery shall be deemed to have been made in accordance with the contract, unless the defect could not be detected despite careful inspection.
(d) Hidden defects must be reported to A.M. Bunker in writing no later than 7 days after discovery. The burden of proof for all claim requirements, including the time of discovery of the defect and the timeliness of the complaint, lies with the buyer.
(e) Minor deviations in quality, colour, quantity, weight, design and equipment that are customary in the trade or technically unavoidable do not constitute defects.
(f) After receiving a complaint, A.M. Bunker has the right to demand the return of the goods at its own expense within five working days.
(g) In the event of warranty claims, we will either repair or replace the product at our discretion. A.M. Bunker will not bear any additional costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
(h) If the repair or replacement delivery fails twice, the customer is entitled to withdraw from the contract.

(5) The warranty period for consumers is two years from delivery for new goods, otherwise twelve months from delivery. This is not affected by an additional guarantee from A.M. Bunker. The warranty covers defects that the product already had at the time of purchase.

(6) A.M. Bunker’s customer service can be reached as follows:

A.M. Bunker

Customer Service
Hertzstrasse 71, House 6

13158 Berlin, Germany

talk@am-bunker.com

 

§8 LIABILITY

(1 ) A.M. Bunker shall be liable in accordance with the statutory provisions, unless otherwise agreed between the parties.

(2) A.M. Bunker excludes liability for slightly negligent breaches of duty, except in cases of injury to life, body or health or guarantees are affected or in the case of claims under the Product Liability Act. Liability for breaches of duty and fulfillment obligations in connection with the purchase contract remains unaffected.

(3) Unless there is intent or gross negligence, liability for delay in delivery shall not exceed 5% of the purchase price (including VAT) in the event of atypical use or misuse of the product.

(4) Any visible transport damage or shortages must be noted on the freight forwarder’s certificate and reported to A.M. Bunker immediately.

  

§9 RIGHT OF CANCELLATION AND RETURN

(1) Customers who are consumers shall have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their independent professional activity:

(2) You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of all the goods. To exercise your right of withdrawal, you must inform us (A.M. Bunker, Customer Service, Hertzstrasse 71, House 6, 13158 Berlin, Germany, talk@am-bunker.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose. However, its use is not mandatory.