General Trading Conditions
The following General Trading Conditions will form the basis of all contracts with us. Should any one of these conditions be invalid or inapplicable, all other conditions will remain in effect. The invalid or inapplicable condition should be considered to have been replaced by a valid and applicable condition, which meets the commercial purpose and intention of the invalid or inapplicable condition. In making a purchase, the purchaser accepts the General Trading Conditions and also the delivery and payment terms. Alterations to the conditions will only be accepted if confirmed in writing. An omission of an objection will not be assumed to be an acceptance. For membership and the purchase of products from Ampworld.de, Postfach 101966, D-47464 Kamp-Lintfort (in the following referred to as ampworld.de) the following conditions apply:
Conditions of Membership
The user must posses the technical means to access the internet e.g. suitable hardware, modem (possibly ISDN card), telecommunication connection and an internet service provider. All to be provided at the expense of the user. The user is responsible for maintaining the confidentiality of passwords and login name. The user must take full responsibility for any undesired activities resulting from the misuse of password and login name. Please note that your account is issued in conjunction with your recorded email address and cannot be transferred to third parties. You are not allowed to pass your personal account data to other persons. The user is required in any communication with other members of ampworld.de or other internet users, to refrain from making or disseminating any threatening, racist, obscene or other remarks which could be considered to be offensive, illegal or immoral.
The prices that are to apply are the prices shown on the price lists displayed at the time of purchase. The membership fee for master memberships must be paid before access identifications for the Members Area are provided. The telecommunication and internet service provider charges are not included.
The application is to be completed using the online form. A successful application will be confirmed by e-mail from ampworld.de
Payments, Due Dates and Delays in Payment
Payments must be made immediately upon placing an order. The purchaser can make a payment by credit card, cheque or direct debit (Germany only). Delivery will be made on confirmation of payment. In the case of cheques, once a bank statement has been produced. Direct Debit (Germany only). The amount for the requested period only will be debited. The direct debit by bank debit request is only possible through a German bank. In the event an unsuccessful debit transaction, a charge of EURO 20 will be made, in addition to the normal bank charges. If a payment is more than 10 days outstanding, we reserve the right to cancel delivery/close the account. We also reserve the right to raise a charge for compensation or additional costs incurred. In the event of delays to payments and if payment due dates are exceeded, we reserve the right, without first having to issue reminders, to charge an additional 5% basic interest, which is the standard rate of basic interest levied by the Deutsche Bank. If ampworld.de is able to show evidence of having incurred higher costs, the charges will be levied at the higher rates.
We do not charge for delivery. Excluded are articles, which require special packing, and also articles which, by special request, are to be sent by shipping services other than the standard German postal system, the Deutsche Post. We will advise the purchaser should an item not be immediately available. Unforeseen production or delivery delays give us the right to partially or completely cancel an order.
The membership contract is valid for a specified period and will not be automatically extended. The member or ampworld.de can cancel the contract at any time, without either party having to provide an explanation. The cancellation must be given in writing by letter, fax or e-mail and, in the latter case, must be confirmed by ampworld.de. No refunds will be given in respect of membership cancellation prior to contract expiry date.
Every registered member has the right to cancel his membership at any time. Ampworld also reserves the right to cancel the membership of any member at any time with immediate effect and without explanation, even when no breach of our Trading Conditions is evident. As a matter of principle, no refunds (full or part) will be given by Ampworld on immediate termination of membership by either party. Any breach of our Trading Conditions or illegal distribution of copyright protected material will be treated with the utmost seriousness and we will take the necessary steps to identify the user and instigate legal proceedings for damages.
Protection of Data
Every member has the right to make use of the Members Area for his own personal purposes and to print or to store data. Members are not entitled to pass data on to others, with or without financial gain, or to give, rent, lend or infringe the copyrights of data in any way. The contents of the Members Area are protected by ampworld.de, and contributors by copyright legislation. All rights deriving from copyright legislation, especially those relating to the reproduction, translation, the distribution by photo reprographic or similar means, storage or computerised manipulation or distribution through a computer network, remain wholly and in part, in the hands of the producers and licence holders. Members do not have any rights of ownership to the available data or disposal rights to data acquired.
Return / Cancellation of Orders
We offer an unrestricted right to return items within 14 days of receipt. The cancellation of an order does not have to be justified, but must be in writing or on a diskette or included with the return of the purchase. To avoid misunderstandings, please advise us by e-mail before returning items. Excluded are damaged or used items, as are also specially commissioned items and data storage items of all kinds. Items must be returned unused in their original packaging and in pristine condition. The cost of postage of items valued at up to 40 Euro is to be borne by the customer. The customer can choose to be either, given a refund or to have the amount credited to his customer account. The account number provided by the customer for direct debit transactions will be used for credit transfers. The return of an item does not automatically give the customer the right to cancel a direct debit transaction.
Until full payment has been received, all items remain the property of ampworld.de
Service Deficiencies and Liability
We guarantee a service availability of 99%. 1% of the operating time per month is reserved for maintenance. We cannot take any responsibility for any disruption of service arising as a result of problems within the internet. Ampworld.de takes all due care with regard to the content of the data supplied and also to maintain the highest possible standard of technical serviceability. However, no guarantee for a totally perfect service is possible. We will not take any responsibility for any consequences or accept any claims for compensation arising from inaccuracies of content and recommendations, delivery delays, technical breakdowns, or other deficiencies. This will apply to any services offered by other parties. We will take no responsibility or be held liable in any way for losses arising, directly or indirectly, as a consequence of membership or through the use of our servers. Although our data is constantly monitored for viruses. We cannot guarantee a total immunity from virus, worm or trojan attacks. Should an item purchased from ampworld.de be deficient or defective in a way attributable to ampworld.de, it will be the decision of ampworld.de as to whether or not a replacement will be provided or another remedial solution is to be considered. Should ampworld.de be unwilling or unable to provide a remedial solution/replacement or should a response be delayed beyond a reasonable period or if the proposed remedial solution/replacement is unsuccessful for reasons which are directly attributable to ampworld.de, the purchaser has the right to request to cancel the contract or to a reduction in the price. In all other respects, demands, regardless of their legal foundation or basis, are excluded. Ampworld.de is not responsible for any loss or damages not relating to the item purchased, especially any loss of income or other financial losses of the purchaser.
The purchaser has been properly informed (see security, privacy and data protection) as to the type, use, scope and means by which personal data required for the placing of an order and e-mail transmissions will be processed. The purchaser has given his agreement to provide and allow personal data to be used and processed.
On the 12 May 1998 the court of the Landesgericht Hamburg ruled that the inclusion of a links page made the site owner responsible for the content of the linked pages. The court also ruled that, responsibility for linked pages can only be waived, if the site owner expressly states that he takes no responsibility for the content of the linked pages. We have also included links to other internet sites. For all links provided we must state that ampworld.de does not have any influence on the form and content of the linked sites. For this reason we must clearly distance ourselves from the content of the linked pages and state that they do not represent us and our internet site in any way. This statement applies to all links shown on any of our internet web pages.
The laws of the Republic of Germany shall apply.