1.1. Provided General Terms & Conditions regulate the contractual relationship between Sensation Ahead GmbH (“we”, “us”, “Sensation Ahead” „Amabea Originals“ „Amabea“) and you as the user of online shop AMABEA Originals represented on amabea.co and related subdomains. You can access the valid General Terms & Conditions anytime under the corresponding link amabea.co. These Terms & Conditions are valid for consumers, traders and merchants.
1.2. All shipments, services and special promotions are based only on these General Terms & Conditions. Any user’s terms and conditions deviating from provided General Terms & Conditions do not apply unless stated explicitly by Sensation Ahead GmbH in written form.
2. CONCLUSION OF CONTRACT
2.1. The presentation of goods on amabea.co is not regarded as a binding offer for the conclusion of contract with Sensation Ahead GmbH. It is solely regarded as a not binding offer to purchase the goods from Amabea. The offer on amabea.co adresses only full aged users.
2.2. When you choose the goods that you would like to purchase, they will first be put into your shopping cart. The contract between you and Sensation Ahead GmbH is not concluded after you fill out shipping and payment details and click on “BUY” button. Before completing your order, you have a chance to check all the details and to change any information if necessary.
2.3. Once you click on “BUY” button, you will receive an email acknowledging the details of your order (confirmation email). The email is sent to the email address registered. This email is NOT an acceptance of your order, just a confirmation that we have received it.
2.4. The contract between you and Sensation Ahead GmbH will be completed when Sensation Ahead GmbH explicitly confirms the acceptance of your order within two weeks (notice of acceptance). The shipping of the goods and the confirmation that the goods have been shipped to the address provided equals the explicit acceptance of the order.
2.5. We reserve the right not to accept your order in the event, for example, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. In this case the contract cannot be regarded as concluded. We will email you to inform you that we have not accepted your order. If you have already paid for the goods, we shall refund the full amount as soon as we are able.
2.6. We do not store the contract text. The information regarding the conclusion of contract can be found in the order confirmation email, in the notice of acceptance and in General Terms & Conditions.
3. SHIPPING CONDITIONS AND THE PREPAYMENT RIGHT
3.1. Sensation Ahead GmbH reserves the right for partial delivery, if acceptable for you.
3.2. If not otherwise stated on amabea.co the shipping takes place to the address provided within 2-8 business days after the payment has been made or after the contract has been concluded. The delivery to some countries outside European Union (third party country) will take up to 4-12 business days.
3.3. If you want to know, where the order can be delivered (countries of delivery) as well as special delivery conditions for certain countries, please contact our Customer Crew at firstname.lastname@example.org.
We ship to the following countries: Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Greece, Greenland, Hong Kong, Hungary, Iceland, India, Ireland, Isle of Man, Israel, Italy, Japan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Macau, Malta, Mexico, Monaco, Montenegro, Morocco, Netherlands, Norway, Oman, Peru, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States of America, Uruguay & Venezuela.
3.4. If you would like the order to be shipped to a country outside the European Union (third party country), additional customs duties and taxes may apply as soon as the order arrives to the delivery country. Sensation Ahead has no influence on this.
If your order is delivered to a non E.U. destination and you refuse to bear the costs for customs duties, taxes and any additional fees, Sensation Ahead GmbH reserves the right to charge you any additional costs induced to us.
4. PRICES AND SHIPPING COSTS
4.1. All prices on amabea.co for the delivery inside the European Union are inclusive of VAT and exl. shipping fee. Shipping is free within Europe for orders over 100€. Otherwise the shipping costs for Germany are 3,90€ and for European countries 8,90€. If the delivery takes place to the country outside the European Union (third party country), additional shipping costs will betray 19,90 €. The prices on amabea.co do not include additional duties and taxes according to 3.4. The prices are internationally constant, therefore we have to charge VAT in all EU Countries.
4.2. If Sensation Ahead GmbH carries out the partial delivery according to 3.1., the shipping fee applies only to the first delivery.
4.3. If you make use of your right for cancellation according to 6.1., you may in some cases ask for the refund of the shipping fee.
5. PAYMENT CONDITIONS, VOUCHERS, SET-OFF AND RIGHT OF RETENTION
5.1. Sensation Ahead GmbH accepts different types of payment (especially PayPal and credit card payment). However not all payment types may be available for you. If the payment is carried out by an external payment provider (for example PayPal) only terms and conditions of this particular payment provider are applied to the payment process. Date of payment is five days after the invoice date.
5.2. If you own a valid amabea.co voucher (for example gift voucher or promotion voucher), you can redeem it against your purchase on amabea.co according to the conditions valid for redeeming the certain voucher.
In all other matters certain redeeming conditions apply to gift and promotion vouchers. These conditions are stated during the order process (for gift vouchers) or as a part of running promotion (for promotion vouchers). Voucher redeeming conditions take precedence over General Terms & Conditions in case of any differences.
5.3. The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
5.4. You can only make use of the right of retention in case the counterclaim corresponds to the same sales contract.
6. RIGHT OF CANCELLATION
6.1 If you concluded the contract with Sensation Ahead GmbH as a consumer, you have the following right of cancellation:
Right of cancellation
You have the right to cancel your order within 14 days without giving any reason.
Please notice that exchanges and refunds can only be guaranteed by non-personalised items.
The cancellation period is fourteen days from the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must inform us, Sensation Ahead GmbH, Emil-Riedel-Straße 5, 80538 Munich; email@example.com of your decision to withdraw from this contract through means of an unambiguous declaration (e.g. a letter mailed by post, a fax or an email). You can use the attached sample cancelation form for this purpose.
In order to observe the cancellation period, it is sufficient that you send notice of cancellation before the cancellation deadline.
We only ask that the following conditions are met:
We reserve the right to refuse any return that is not in this descripted condition.
Please allow 7-10 business days from the return shipped date for your account to be refunded.
Take care oft the tracking number. AMABEA Originals can not be liable fort he loss of items being returned.
6.2 Consequences of cancellation
If you cancel this contract, we are under obligation to reimburse all the payments that we have received from you without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction, unless we explicitly agree otherwise with you; you will in no event be charged fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first.
You must send back or hand over the items without undue delay and in any event no later than fourteen days from the date on which you notify us of cancellation of this contract. The deadline is met if you send back the goods before the end of the fourteen day period.
Exchanges are generally free.
You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature and functioning thereof. Paypal will re-charge you our general service fee of 5,00 € (Europe), 20,00 € (Non-Europe) of returns. In addition we will give you a discount of that amount for your next order for your next order: AMABEA5. Please contact Paypal if you have any further questions.
6.3 You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature and functioning thereof.
The above mentioned right of cancellation applies according to § 312g, clause 2 of German Civil Code not to contracts concluded for the delivery of goods that are not prefabricated and for the goods that must be produced
7. RETENTION OF TITLE
The goods delivered remain property of Sensation Ahead GmbH until full payment has been made.
You agree that Sensation Ahead GmbH may send mail to you for the purpose of advising you of shoe-related themes or for such other purpose(s) as Sensation Ahead GmbH deems appropriate. You can deny this service by simply mailing to firstname.lastname@example.org.
9.1. Liability in the case of material defects or defects of title shall follow the statutory pro- visions in force in the Federal Republic of Germany, especially §434 of German Civil Code. Claims are subject to a limitation period of 24 months after the delivery of the product.
9.2. Any Sensation Ahead GmbH warranty for certain goods and manufacturer warranty for certain goods is valid as well as liability in the case of material defects or defects of title ac- cording to 8.1. Certain warranty details could be found in terms of guarantee, if included with the product.
10.1. We accept unlimited liability for damage caused by intent or gross negligence according to legal regulations regarding compensation or compensation of wasted expenses.
10.2. Our liability, if not otherwise stated under 9.1., for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations, if not otherwise stated under 9.3.
10.3. Nothing in this shall prejudice our liability for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health.
11. INTELLECTUAL PROPERTY
Please note that the information represented on amabea.co (including but not limited to photographs and images, logos and texts) are intellectual property and protected by applicable legislation. Any commercial use, including the reproduction, modification, distribution and transmission of any content impinges upon the rights of Sensation Ahead GmbH or third parties and may result in taking legal action, including compensation and injunctive relief.
12. LAW AND JURISDICTION
12.1. The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded. When you conclude a contract with Sensation Ahead GmbH as a consumer additional consumer protec- tion regulations valid in your country shall apply.
12.2. Munich (Germany) shall be the place of jurisdiction if you are a merchant, legal person or legal entity under public law and at the moment of concluding a contract your place of jurisdiction is in Germany. Otherwise legal regulations shall apply for place of local and international jurisdiction.
13. CONSUMER ADVICE WITHIN THE EU
The European Commission has set up an online platform for out-of-court resolution to consumer disputes (ODR platform). The platform can be found at http://ec.europa.eu/consumers/odr/. We are not willing nor obliged to participate in a dispute settlement procedure before a consumer complaints office.
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In case you have any questions, please do not hesitate to contact your loyal friends from our customer crew: email@example.com