Terms of service
General Terms and Conditions of Business
Amaia UG (limited liability)
In the following called provider.
§ 1 Scope of application
1) For the websites lumaya.de and amaiasoaps.com including their subdomains, the following General Terms and Conditions apply in the version valid at the time of the order, in particular for contract conclusions and for orders and deliveries.
2) Our general terms and conditions apply exclusively. Terms and conditions of the customer that deviate from our general terms and conditions shall not be valid unless we expressly agree to them.
§ 2 Conclusion of Contract
1) In the case of the conclusion of the contract the contract comes with the
Amaia UG (limited liability)
Managing director: Björn Müller
VAT ID No.: DE335963954
Register court: Local court Potsdam
Registration number: HRB 34437 P
2) Our offers on the Internet and webshop represent a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a contract.
3) Confirmation of receipt of the order follows immediately after the order is sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail within 2 days.
§ 3 Prices, shipping costs, payment, due date
1)The prices listed in our webshop at the time of the order shall apply. All prices include the statutory sales tax and other price components. In addition, shipping costs, if these are expressly stated.
2) the payment of the purchase price is possible by immediate transfer, prepayment, by credit card as well as via the service of Paypal.
§ 4 Retention of title
We retain title to the delivered item until the purchase price has been paid in full.
§ 5 Delivery
1) Delivery will be made within 5 working days from receipt of order, in case of payment by bank transfer/advance payment 5 days after receipt of payment. We point out possibly deviating delivery times on the respective product page. the beginning of the delivery time indicated by us presupposes the timely and proper fulfillment of the obligations of the customer, in particular the correct indication of the delivery address in the context of the order.
2) If the supplier is not able to deliver the ordered goods through no fault of his own, because the supplier of the supplier does not fulfill his contractual obligations, the customer will be informed immediately that the ordered goods are not available. Already rendered counter-performances of the contractual partner will be refunded immediately. The legal claims of the customer remain unaffected.
3) With respect to entrepreneurs, the risk of deterioration or loss of the goods shall pass to the Customer upon handover of the delivery item to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the date of notification that the delivery item is ready for dispatch.
§ 6 Default of Acceptance
1) If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. This shall not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
2) the purchase price shall bear interest during the period of default. the default interest rate shall be five percentage points per annum above the base interest rate. in the case of legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the base interest rate.
3) the customer, for his part, reserves the right to prove that damage in the amount demanded has not occurred or has occurred at least at a significantly lower rate. the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer defaults on acceptance or debtor's delay.
§ 7 Warranty
1) In the event of a defect, the customer shall have the choice of whether subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer.
2) If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract. Any claims for damages on the part of the customer shall remain unaffected by this.
3) If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), the following is agreed for the customer's warranty claims: Obvious defects must be reported to the supplier in writing immediately, at the latest within 14 calendar days after delivery of the goods, hidden defects must also be reported in writing immediately, at the latest within 14 calendar days after they become known. If the notification of defects is not made in due time, the warranty rights of the customer with regard to the defect not notified in due time are excluded. This does not apply, however, if the provider has fraudulently concealed the defect and/or has assumed a corresponding guarantee. Warranty claims expire - except in the case of claims for damages - within one year after delivery of the goods to the entrepreneur.
§ 8 Limitation of liability
The Seller shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
1) the Seller shall be liable for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
2) If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
3) In all other respects, liability on the part of the Seller is excluded.
4) The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
§ 9 Data protection
§ 10 Applicable law, place of jurisdiction
1) Applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
2) If the contracting parties are merchants, the court at our registered office in Potsdam shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer is not domiciled within the European Union.
§ 11 Final clause
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.