GENERAL TERMS AND CONDITIONS OF BUSINESS
Amazing Spaces – ADGENCY GmbH
1. Scope
The following General Terms and Conditions apply to all orders placed through our online shop by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. 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 their commercial or independent professional activity. The following applies to businesses: If the entrepreneur 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 at which the payment transaction is processed 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 considerable 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 requests for changes 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 2% 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 after this time, 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 provide 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 photos of the delivery situation. We need to be able to estimate the width of the access road and decide which vehicle to use to deliver your goods. 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 have to charge €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 ship free of charge. You generally have the option of picking up your goods from our warehouse at Schelpmilser Weg 22, 33609 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 will request 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
6.1 Consumer’s right of withdrawal
(1) If the customer is a natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to his or her commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with Section 312g in conjunction with Section 355 of the German Civil Code (BGB).
(2) Right of withdrawal for purchase contracts with Adgency GmbH for goods that were not manufactured according to customer specifications:
Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. For a purchase contract, the withdrawal period is fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good. In the case of a contract for the delivery of goods in several partial deliveries or pieces, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last piece.
In the case of a contract for the regular delivery of goods over a specified period of time, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first goods. To exercise your right of cancellation, you must contact us: Amazing Spaces - Adgency GmbH, Stieghorster Str. 115, 33605 Bielefeld, Tel: 0800 1124112 , Email: info@amazing-spaces.de by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
You must return the goods to Amazing Spaces - Adgency GmbH, Stieghorster Str. 115, 33605 Bielefeld, Germany, immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send or hand over the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
(3) Sample cancellation form If you wish to withdraw from the contract, you can also fill out the following form and return it to us:
To
Adgency GmbH
Stieghorster Str. 115
33605 Bielefeld
info@amazing-spaces.de
Revocation
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):____________________
Name of consumer(s):____________________
Address of the consumer(s):___________________
________________________________________________
Signature of the consumer(s): (only for notification on paper)
_______________________________
Date:________________________
(*) Delete as appropriate.
6.2 The right of withdrawal against Adgency GmbH does not apply to the following contracts: Contracts for the delivery of individually configured URBAN ONE garden houses and URBAN ONE XXL garden houses, as the configured URBAN ONE products are individually tailored and adapted to the customer's specific needs (dimensions, positions of doors and windows, colors, positions of roofing, etc.).
7. Retention of title
The goods remain our property until full payment has been made.
The following also 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.
For 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 notify 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.
9.1 Guarantee conditions URBAN ONE, Shape, Cosmic
We provide a ten-year factory warranty on the functionality of the product from the date of delivery. Natural wear and tear, chemical or mechanical damage, and damage due to force majeure are excluded from the warranty, as are impairments resulting from failure to follow the product's maintenance or care instructions. These can be viewed at https://amazing-spaces.de/pages/die-richtige-pflege .
No warranty is provided for self-assembly or subsequently installed doors, windows, gates, etc. by the customer themselves. Warranty claims are limited to free repairs or the free delivery and installation of spare parts. A claim for replacement is not part of the warranty. Likewise, the right to withdraw from the warranty is excluded. Further warranty claims are only valid if agreed upon in writing. The warranty applies without prejudice to statutory warranty claims and rights in the event of a defect upon transfer of risk. In the event of a warranty claim, these claims and rights exist in addition to the warranty, unless expressly excluded or limited by these General Terms and Conditions.
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. 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.