Terms and Conditions

House address for correspondence, service and shipping

APM Telescopes
Quierschieder Weg 38
66280 Sulzbach
GERMANY
Phone: +49 (0)6897 - 924929-0
Fax: +49 (0)6897 - 924929-9
Email: info@apm-telescopes.de

Tax number

VAT ID: DE 149 593 904
Saarbrücken tax office

1. General / Validity

These general terms and conditions are based on all deliveries and services by APM Telescopes in the version valid at the time of the order.

2. Regulations and information on the conclusion of a contract

The prices on the homepage are initially only information and do not constitute an offer. The basis for the conclusion of the contract is the respective offer from APM Telescopes or the customer's order (order form, mail, fax, possibly also telephone), in which the scope of services (e.g. which articles were ordered) and the type of remuneration (including the form and deadline for payment) are recorded.

Our offers are non-binding. Small deviations from the images or descriptions shown are possible.

a) Technical steps that lead to the conclusion of a contract

To order one or more items, the items displayed must first be reserved for ordering by clicking the „BUY“ or „ADD TO CART“ button. A new page will then open showing the contents of the shopping cart. Articles can be removed from the shopping cart at any time by clicking the „REMOVE“ box and then „UPDATE“. Now the customer clicks on the button „CHECKOUT“ directly or after adding more goods to the virtual shopping cart. If the customer was not yet registered and logged in, a new page will open. In an intermediate step, the customer must either register again and open a customer account, register for a guest order or log in if he is already registered as a customer. If he is already registered as a customer, he fills in the fields „EMAIL ADDRESS“ and „PASSWORD“ and then clicks on the „REGISTER“ button. If he is not yet registered as a customer, he fills out the „I AM A NEW CUSTOMER“ form and clicks the „NEXT“ button. If the customer wants to order as a guest, the password fields do not have to be filled out. [SELECT SHIPPING METHOD] A new page will then open which shows the delivery address and allows you to edit this address or add further addresses. A desired shipping method is then selected by clicking on it and the „NEXT“ button is activated by clicking the mouse to continue. [SELECT METHOD OF PAYMENT] A new page will then open which shows the billing address and allows you to edit this address or add further addresses. A desired payment method is then selected by clicking on it. Now the customer ticks the box „I hereby accept the data protection provisions and general terms and conditions and confirm that I have read the cancellation policy“. By clicking the „NEXT“ button, a new page opens [CONFIRM] on which all order data is displayed again and can be edited if necessary. The order process can then be completed by clicking the „BUY“ button.

b) Conclusion of the sales contract

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the „BUY“ button, you place a binding order for the goods in the shopping cart. The activation of the receipt of the order takes place together with the acceptance of the order immediately after sending it by automated e-mail. With this e-mail, the purchase contract was concluded.

c) Storage and access to the contract text

We save the text of the contract and send you the order data and the terms and conditions by email. In this way we give you the opportunity to call up the contractual provisions when the contract is concluded and to save them in a reproducible form.

d) Recognition and correction of input errors

In the shopping cart you can remove the goods from the shopping cart at any time by clicking the „REMOVE“ box next to the product and then „UPDATE“. You can correct and / or change the information you provided during the ordering process at any time by clicking „CONTINUE”.

e) Available languages

The contract language is German.

3. Prices and terms of payment

The prices shown on the APM Telescopes website at the time of the order apply. Packaging and shipping costs are additionally calculated and indicated to the customer in good time. In the case of international shipments and transfers from abroad, attention is drawn to the fact that additional taxes or costs are possible that are not paid by the seller or invoiced by him. APM Telescopes accepts all payment methods offered on the website during the ordering process. APM Telescopes will issue the customer with an invoice for the goods ordered, which will be given to him upon delivery of the goods. Invoices are payable depending on the chosen payment method. Deliveries abroad are only made by prepayment. If prepayment has been agreed, payment must be made within 7 (seven) days after the order has been placed. The time of receipt of the money by the seller is decisive. The customer is only entitled to offset if his counterclaims are undisputed, have been legally established or have been recognized by us; In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

4. Packaging and shipping costs

The customer will be informed of the packaging and shipping costs before the ordering process is initiated.

5. Right of withdrawal for consumers

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Right of withdrawal

You have the right to cancel your purchase in the APM Telescopes online shop within fourteen days without giving a reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods . In order to exercise your right of withdrawal, you must inform us of your decision to cancel your purchase contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample withdrawal form below, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation to the contact details provided on the cancellation form before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will refund all your payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), within fourteen days from the day on which we received the notification of your cancellation of this contract and the returned goods. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; You will never be charged any fees for this repayment.

The buyer bears the costs of the return. We will pick up the goods from you if they weigh more than 40kg. Please send parcel goods back to us free of charge. Shipments without freight prepaid will not be accepted.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

The right of withdrawal in distance selling does not exist:

• In the case of custom goods that are clearly tailored to the personal needs of the consumer.
• If audio or video recordings or computer software are delivered in a sealed package and the seal has been removed after delivery.
• When delivering newspapers or magazines with the exception of subscription contracts.

6. Delivery and delivery times

The goods are delivered to the customer by third-party providers (DHL, UPS, Hauling companies). The delivery times can be found on the respective product page. Longer delivery times are also possible in individual cases, in such a case we will inform you immediately.

Partial deliveries are permitted unless the customer is clearly not interested in them or they are clearly unreasonable for him. The costs for transport and packaging are only charged once for partial deliveries.

7. Unavailability, replacement delivery

In the event that an ordered item is not available, APM Telescopes reserves the right to provide a service (goods or services) of equivalent quality and price, provided this is reasonable for the customer and the customer agrees to the replacement delivery in written form. If this is not possible or if the customer does not agree, APM Telescopes cannot provide the promised service. In this case, the legal regulations apply.

8. Transfer of risk

If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over or, in the case of sale by mail order, when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold is only transferred to the client when the item is handed over, regardless of the shipping method chosen.

9. Warranty

APM Telescopes provides a guarantee in accordance with the statutory provisions. If the customer is a consumer, the warranty period is 24 months for new goods and twelve months for used goods. If the customer is an entrepreneur, a warranty period of twelve months applies to new goods, and APM Telescopes can choose whether the defect is to be remedied or an item free of defects is to be delivered. After twelve months, the warranty for customers who are entrepreneurs is excluded. During the warranty period, all defects that are subject to statutory warranty obligations will be rectified free of charge. Warranty claims are initially limited to supplementary performance. If the subsequent performance fails, the customer can either withdraw from the contract or reduce the purchase price. There are no warranty obligations if the defect can be proven to be due to improper handling of the goods by the customer. Claims for compensation by customers against APM Telescopes are limited to cases of injury to life, body and health. Otherwise we are only liable for willful or grossly negligent breach of duty. The assertion of these claims is not restricted by the warranty provisions.

10. Retention of title

All deliveries are subject to retention of title. The delivered goods remain the property of APM Telescopes until the purchase price has been paid in full.

11. Gerichtsstand

The place of jurisdiction for all disputes in connection with the delivery business is, if so agreed, the headquarters of APM Telescopes. This is agreed in the event that the customer is a merchant, a legal entity under public law or a special fund under public law or is a consumer but does not have a general place of jurisdiction in Germany or moves his residence abroad after conclusion of the contract or the residence of the Customer cannot be identified at the time the lawsuit is filed. The contractual partners agree to the application of the law of the Federal Republic of Germany with regard to all legal relationships arising from this contractual relationship. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN sales law is excluded.

12. Weitere Kundeninformationen

I. We are a member of the Association of Safe and Serious Internet Shop Operators e. V. and have submitted to the test criteria there and the extrajudicial arbitration board free of charge for our customers.

• http://www.internetsiegel.net/Pruefungskriterien.pdf
• http://www.internetsiegel.net/html/schlichtungsstelle.html

II. The essential characteristics of the goods offered by us can be found in the product descriptions in our online offer.

III. Complaints, complaints and other warranty claims can be submitted to the address given in the legal notice.

Information on online dispute resolution

The EU Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The customer can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/

Saarbrücken, February 1st, 2016