GENERAL TERMS AND CONDITIONS OF BUSINESS

Amazing Spaces – ADGENCY GmbH

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional. A business owner is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to businesses: If the business owner uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract, order changes, prices

2.1 Contracting parties

The purchase contract is concluded with ADGENCY GmbH (Amazing Spaces).

2.2 Conclusion of contract

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after submitting the order.

We will accept your offer within two days by sending a declaration of acceptance in a separate email or, if applicable, by processing the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see "Payment"). The relevant alternative for you depends on which of the listed events occurs first.

2.3 Order changes

If you used our configurator to configure your URBAN product, subsequent changes to the configuration are no longer possible. We manufacture our URBAN products individually for you in terms of size, color selection, and door and window features. For this reason, we will send you documents for production approval after the contract has been concluded. These are customized planning services that require a significant amount of effort. For orders of an URBAN product without a configurator, changes are possible free of charge until the production approval documents are received. For changes requested after this time, a flat fee of €150 (including VAT) will be charged.

2.4 Prices

If the customer does not grant production approval for an URBAN product within 6 months of contract conclusion, the total price will increase by 4.5%. The new price will then be valid for a further 6 months. If the customer does not grant production approval within a further 6 months, the total price will increase by a further 4.5%. After a further 6 months without production approval, a new price based on the current list prices must be negotiated between the customer and us (i.e., after 1.5 years).

2.5 Discounts and cash discounts

Discounts cannot be combined with one another. Likewise, it is not possible to claim a 3% discount if a discount has already been granted.

3. Contract language, contract text storage

The language(s) available for concluding the contract: German.
We save the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.

4. Delivery conditions

4.1 General

We ship products suitable for parcel delivery using a delivery service of our choice. We do not deliver to packing stations. Our URBAN tool shed series, as well as our carports and prefabricated garages, are delivered by our own delivery drivers. We manufacture our URBAN products individually for you in terms of size, color selection, and door and window features. For this reason, after the contract has been concluded, we will send you documents for production approval, which you must confirm. Please note that the delivery time stated in the shop for our URBAN products only begins at this point, as we have no influence over the time between the receipt of our documents and your return.

4.2 Unloading aid

Our URBAN tool shed series, as well as our carports and prefabricated garages, are picked, packed, and delivered in larger sections. Unloading requires unloading assistance, which you must provide. One person is usually sufficient. For very large products, several people are advantageous.

4.3 Delivery time

Delivery will take place on the delivery date we notify you of between 7:00 a.m. and 9:00 p.m. Due to the unpredictable traffic situation, we cannot specify a more precise timeframe.

4.4 Delivery notice

Delivery notification will be made in two steps. A few weeks before delivery, we will send you an initial delivery notification with an approximate delivery date. In order for us to provide a precise delivery notification, we require you to send us photos of the delivery situation. We need to be able to plan for the width of the access road and decide which vehicle to use to deliver your goods accordingly. We will notify you of the exact delivery date well in advance – a few days in advance.

4.5 Delivery free curbside

For reasons of efficient delivery planning, we generally deliver our URBAN tool shed series and our carports free curbside.

4.6 Postponement of delivery dates

Delivery dates announced by us can be canceled or postponed until the Thursday before the delivery week at the latest. If a second delivery is necessary because you canceled the appointment too late or requested a postponement, we will be charged €290 (including VAT) for a second trip. This is because our deliveries are made nationwide, and our drivers will have already loaded your goods several days before the delivery date.

4.7 Storage costs in case of postponement

If you wish to postpone the delivery date by more than 2 months, we will charge storage fees of 1% of the order value per calendar week or part thereof (calculated from Monday).

4.8 Collection

We offer free shipping. You generally have the option of picking up your goods from our warehouse at Oldentruper Str. 226, 33605 Bielefeld, Germany. In this case, please arrange a pickup date with us.

5. Payment

In our shop you can generally use the following payment methods:

5.1 Advance payment

If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

5.2 PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction will be processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.

5.3 Credit card

When you place your order, you will simultaneously provide us with your credit card information. Once you have verified your identity as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after your order. The payment transaction will be processed automatically by the credit card company, and your card will be charged.

5.4 SEPA direct debit

By submitting your order, you grant us a SEPA direct debit mandate. We will inform you of the date your account will be debited (so-called prenotification). Upon submission of the SEPA direct debit mandate, we instruct our bank to initiate the payment transaction. The payment transaction will be processed and your account will be debited. You will be notified of the date of the debit.

6. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment has been made.

The following additional applies to entrepreneurs:
We retain title to the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport damage

For consumers:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and give notice of defects stipulated in Section 377 of the German Commercial Code (HGB).

9. Warranty and guarantees

The statutory liability for defects applies.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The statutory limitation periods for recourse claims under Section 445b of the German Civil Code (BGB) remain unaffected.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents:

• In case of injury to life, body or health,
• In case of intentional or grossly negligent breach of duty,
• In the case of guarantee promises, where agreed, or
• To the extent that the scope of application of the Product Liability Act is open.
  

11. Assembly

Installation includes the erection of the product on the designated foundation. Our services do not include waterproofing work between the URBAN product and the foundation, nor any electrical work.

11.1 Start of assembly
If you have commissioned the installation of our products, installation will begin on the delivery date we notify you of, between 7:00 a.m. and 7:00 p.m. We and our authorized personnel are permitted to enter your property for the purpose of installation, even in your absence.

11.2 Access to the installation site
The access to the assembly site must be paved; at a minimum, a gravel, compacted surface must be created on site. Additional costs due to an unpaved access road will be invoiced separately. The customer must ensure safe and unobstructed access to the construction site, as well as suitable parking and unloading facilities and permission for a 7.5t - 12.0t truck. If the distance between the truck's unloading position and the assembly site is more than 25 meters, if there are stairs with more than two steps between the truck and the assembly site, or if there are other obstacles that unreasonably impede the transport of the goods from the truck to the assembly site, you must notify us of this in writing no later than the time of production approval. If the distance is unreasonably great for us, we will contact you to find a customized solution.

11.3 Foundation
The installation we carry out includes erecting and anchoring the product to the foundation provided by the customer, which must be constructed according to the specifications of our foundation plan. The foundation must be level and free of snow and ice. You are responsible for specifying the property boundaries, building lines and heights, and for providing the electricity required for installation. The products we supply cannot be installed into an earth slope; in this case, you will be responsible for erecting a retaining wall on site. You are responsible for ensuring that any necessary waterproofing to the ground (i.e. between the bottom edge of the wall and the ground) or to adjacent buildings, as well as any connections to adjacent buildings, is also not included in our scope of services.

11.4 Scaffolding
Should the erection of scaffolding be necessary due to local conditions, this must be done on site. If you do not wish to fulfill this obligation, we can also erect it for you; the additional costs will be invoiced.

11.5 Termination of assembly
If you cause a failure or cancellation of the installation from 3 days before the scheduled installation date or on the installation day itself, you will be charged for the costs of the installation failure as well as the costs for the materials supplied.

11.6 Assembly orders after production release
You can easily request the assembly of an URBAN product through our customer service after you have purchased your URBAN product in our online shop. We will then provide you with a customized quote. If you have already given production approval, we charge a handling fee of €190 for the subsequent scheduling of assembly.

12. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https ://ec .europa .eu /consumers /odr/ find.