Terms & Conditions
Last updated: November 2024
„We“, „our“ or „us“ in this Terms and Conditions means Akman GmbH who is the owner of the brand „AMK“. Here you („customer“ or „consumer“) will find important information about Shopping with Akman GmbH.
You confirm that you have read and understood the Privacy Policy and the Terms and Conditions (wich are both available in the end of each page and on the checkout) by placing your purchase order in this shop (www.amk.gg). The Privacy Policy and the Terms and Conditions define the legal relationship between you and Akman GmbH. Please do not finish your order, if you do not agree to these Terms and Conditions or the Privacy Policy.
By placing an order, you affirm that you are legally capable of entering into binding contracts, based on the legal age and mental capacity requirements of your country of residence.
By placing an order, you declare and guarantee that the purchase of products is intended solely for your personal use and not for any commercial purposes.
These Terms and Conditions shall be effective in the English language and shall be governed by it. You acknowledge that any translations, if provided, are for your convenience only and have no legal effect.
1. Checkout, Order Confirmation and Formation of the Contract
Orders are placed by clicking the "PAY NOW" button (or an equivalent button) during the checkout process. At this point, the details of the products you are purchasing, including their prices, delivery costs, and any applicable import charges (if available for pre-payment), will be shown to you during checkout. Please carefully review your order and ensure that all information is correct before submitting it.
Please note that there may be slight variations between the products displayed on the store or checkout page and the actual products you receive, such as differences in appearance, color, texture, or finish. We recommend reading the full product descriptions and details before finalizing your order.
The information provided on the website, including the store and checkout details, is not considered an offer to sell but rather an invitation to form a contract. Once your order is placed, you will receive an email acknowledging the receipt of your order and containing the relevant details. This acknowledgment does not confirm acceptance of the order; it simply confirms that the order has been received. No contract will be formed, and the sale will not be final until you receive an email explicitly confirming that your order has been accepted and processed ("Order Confirmation").
Under certain circumstances, your order may be declined or canceled, either partially or in full. This could occur for example if payment verification fails or if the product is out of stock. If this occurs and payment was successfully processed, you will be refunded in accordance with these Terms and Conditions.
An order may be canceled (in full or in part) even after an Order Confirmation has been sent, in cases where an error, misunderstanding, or good faith mistake (an "Error") is identified— whether involving us, you, or a third party—that would have prevented the acceptance of the order or the formation of a contract. For instance, this could occur if a product is listed at an unusually low price compared to its normal market value. In such cases, your order will be canceled, and you will be refunded the amount you actually paid. We are not obligated to fulfill any order in such circumstances.
The confirmation of your order is subject to fraud prevention checks and other regulatory requirements (including ‘Denied Parties Screening’), and some orders may be rejected for these reasons. We also reserve the right to refuse or cancel any order that appears unusual, seems to be made in bad faith, or is suspected not to be placed by an actual consumer (at our sole discretion). Additionally, you may be asked to provide further verification or documentation before your order can be accepted, especially if there are concerns regarding the authenticity of your identity, address, email, or payment details.
Certain product orders may be subject to quantity limits (per order, per address, or other restrictions), and any orders exceeding these limits may be refused at any time, without prior notice.
We are not required to provide a reason for declining any order, although we may do so at our discretion.
2. Pricing, Taxes, and Import Charges
When you place an order, the price of the products is displayed in your local currency and includes any applicable taxes (such as VAT or GST) and delivery costs. Depending on the product and shipping destination, the price may also include import duties and other fees, which will be clearly shown during checkout if applicable. Please note that prices can fluctuate due to exchange rate changes, and the final price will be the one displayed at the time of purchase.
You may have the option to pre-pay import charges during checkout, but not all products or destinations support this feature. If pre-payment is not available, you will be responsible for paying these charges directly to the relevant authorities upon delivery. The estimated import charges provided at checkout are for guidance only and may differ from the actual amount assessed by customs or other authorities, in which case you are fully liable for paying the correct charges.
You are fully responsible for reclaiming any import charges from the relevant authorities in case of returns or other eligible circumstances. Akman GmbH is not liable for such claims. If you chose not to pre-pay import charges, failed to pay them, or refused delivery of a product, you may be liable for return shipping costs and may not be refunded for any delivery charges. Additional fees may also apply as a result of these actions.
Upon completion of your order, the title to the product is transferred to you, and the risk of loss or damage shifts to you once the product is delivered. You will be considered the "Importer of Record," meaning you are responsible for ensuring that the product can be legally imported into your country, in accordance with all local laws, regulations, and standards. This includes compliance with any product certifications or safety requirements that may vary by country. If you order a product that does not meet the local standards, returns may not be accepted, and we are not liable for any issues arising from such purchases.
Please be aware that packaging, user manuals, care labels, and safety instructions may not be provided in your language. The product may not conform to local standards, regulations, or electrical specifications, and you may need an adapter for power compatibility.
3. Returns Policy
If you reside in an EEA country, the rights in section 4. Right of Withdrawal apply to you. Return requests from all other states must generally be made within 30 days from the date the order was placed, unless otherwise stated in our policy or required by applicable consumer law. If you wish to return one or more items purchased under these terms, please follow the steps below:
Notification: You must notify us of your intention to return the product through a clear statement via the e-mail: support@amk.gg. Please include proof of purchase (your order ID and the email address used for the order) and specify the items to be returned, including their quantity.
Condition of Returned Items: Items must be returned in new and unused condition, with all protective materials, tags, and stickers intact (if applicable). The items should be in their original packaging, including all accessories and documents.
Quality Control: All returned items will be subject to a strict quality control process to ensure they meet the return requirements.
Import Charges: Please note that import charges are generally non-refundable (for example such as customs - see 2. For more details regarding import charges).
Risk and Title: The title and risk for returned items remain with you until the items are physically received at our returns facility. We recommend using a courier service with tracking and purchasing adequate insurance to cover the value of the goods during return shipping. We recommend retaining proof of postage and tracking information.
Return Shipping Costs: The customer is responsible for the cost of return shipping unless the product was delivered defective or incorrectly.
Refunds: Unless otherwise agreed, refunds will be made using the same payment method used for the original transaction. Please note that only the buyer is entitled to receive a refund of the purchase price. If you received the product as a gift, the person who purchased the item will be entitled to the refund. If you are a gift recipient and wish to return items, please contact us to discuss your options.
In the event of a return, only the purchase price of the products will be refunded. Shipping costs, including the original shipping fee and return shipping costs, as well as any import duties, taxes, and fees incurred during international shipping, will not be refunded. The customer is responsible for all return shipping costs and any import charges. Please note that this policy is due to the nature of international trade and varying legal requirements in different countries. We recommend that you check the specific costs and procedures before initiating a return.
4. Right of Withdrawal
If you are a "Consumer" residing in a member state of the European Union, or in Iceland, Liechtenstein, or Norway (the "EEA"), you are entitled to a "cooling-off" period during which you can cancel your order, in accordance with the terms outlined below.
This cancellation right is not impacted by any separate returns policy mentioned in these Terms.
Terms of Withdrawal Right
You have the right to withdraw from this contract within 14 days without providing any reason.
The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us (Akman GmbH, Burckhardtstraße 22, 34346 Hann. Münden, Germany, phone: +49 176/41821856, e-mail: support@amk.gg) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached Model Withdrawal Form, but this is not obligatory.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
[Company Name]
[Company Address]
[Company Email Address]
[Company Phone Number]
I/We hereby give notice that I/we withdraw from my/our contract for the purchase of the following goods:
Order number: [Number]
Ordered on: [Date]
Received on: [Date]
Name of the consumer(s): [Name]
Address of the consumer(s): [Address]
Signature of the consumer(s) (only if sent on paper)
Date: [Date]
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the costs of delivery (except for the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
We may withhold the refund until we have received the goods back or you have provided evidence that you have returned the goods, whichever is the earlier.
Returning the Goods
You must return the goods without undue delay and in any event not later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired.
Costs of Return
You will bear the direct costs of returning the goods.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of:
• Goods which are liable to deteriorate or expire rapidly;
• Sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery. This particularly applies to products like finger sleeves which are delivered in resealable packaging or other sealed forms and can no longer be resold for hygiene reasons after the packaging is opened (e.g., due to direct contact with the skin).
• Goods made to the consumer's specifications or clearly personalized to the consumer's needs.
Diminished Value of the Goods
If the goods have been used beyond what is necessary to establish their nature, characteristics, and functioning, we reserve the right to charge for a diminished value of the goods. Such diminished value occurs, in particular, when the goods show signs of use, are damaged, or are not returned in their original packaging. This also applies if the packaging of the goods is damaged or no longer available. In such cases, the diminished value may be deducted from the refund of the purchase price, as the goods can no longer be resold as new.
Special notice applies to products that can wear out quickly through use, such as finger sleeves. If these products have already been worn or damaged through use, we reserve the right to refuse the cancellation. This particularly applies if the value of the product has been significantly reduced due to signs of use or damage, to the extent that it can no longer be resold as a new product. In such cases, the right of withdrawal can no longer be exercised.
5. Payment Methods
We accept the payment methods displayed during checkout. The available payment methods may vary depending on your geographical location and the offerings of the store owner.
Payment is processed through Wix's secure payment platform and/or by a third-party payment processor. We are not responsible for any technical issues that may occur during the transaction.
Once you select your preferred payment method during checkout and authorize the payment, you will receive a confirmation of the completed payment. All payments are processed and charged in the currency of the online store.
Payment is due immediately upon placing the order. The payment of the purchase price is a condition for the shipment of the ordered goods. If a payment fails, we reserve the right to cancel the order or delay the shipment of the goods.
Depending on the payment method you choose, the privacy policy of the respective payment provider will apply. The online shop operator assumes no responsibility for the collection, processing, and use of your personal data by the payment provider. We recommend that you carefully review the privacy policy of the respective payment provider to understand how your personal data is processed and protected.
By selecting a payment method and completing the order, you automatically agree to the Terms and Conditions (T&Cs) of the respective payment provider responsible for processing the payment. These T&Cs are separate from the T&Cs of the online store and apply in addition to the terms outlined in this store’s Terms and Conditions.
Please ensure that all payment information provided is accurate and up to date to avoid delays or issues with payment processing.
6. Shipping Terms and Processing Time
Shipping Costs: All shipping costs, including any additional charges, will be clearly displayed during the checkout process. The customer is responsible for paying these shipping fees based on the selected shipping method and delivery address.
Order Processing Time: Once your order is placed and payment is confirmed, we typically process the order within 1-5 business days. Processing times may vary depending on stock availability or other operational reasons. We will notify you if there are any significant delays.
Delivery Timeframes: Within Germany, we aim to deliver orders within 3-7 business days, depending on the delivery destination and chosen shipping method. For international shipments, delivery times may vary based on the destination country and the shipping method chosen at checkout.
Delivery Providers: Orders may be fulfilled by various delivery partners ("Fulfillment Providers"), selected by us. You will be notified during the ordering process if the product cannot be delivered to your specified address. We reserve the right to cancel or suspend delivery if it cannot be legally fulfilled even i fit has not been notified during the ordering process.
Completion of Delivery: The delivery is considered completed when the product is delivered to the address provided by the customer at the time of ordering (including, if applicable, delivery to the port of entry for international shipments). Products may be delivered separately, and partial shipments may occur.
Estimated Delivery Dates: Unless otherwise stated, delivery dates provided during checkout or on the store are estimates. Orders will be delivered based on the shipping method selected at checkout.
Delays and Force Majeure: We are not responsible for delays resulting from situations beyond our control, such as customs processing, government regulations, or unforeseen events (e.g., natural disasters, strikes, etc.). If delays occur due to such factors, the customer will be notified as soon as possible.
Missed Deliveries: If a delivery attempt fails, it is the customer's responsibility to contact the shipping provider and arrange for re-delivery. Any additional delivery efforts will be made in accordance with the instructions provided by the shipping service.
Accurate Delivery Address: It is the customer's responsibility to ensure that the delivery address is accurate and complete. Any costs incurred due to incorrect or incomplete address information provided by the customer will be charged to the customer. We are not responsible for delays or failed deliveries resulting from address errors.
Partial Shipments: If certain items from your order are out of stock, we reserve the right to deliver them separately. In such cases, you will only be charged for shipping once.
7. Miscellaneous
Access to and use of the checkout is strictly limited to personal, non-commercial purposes. Any attempt to use the checkout for any other purpose, including but not limited to commercial, business, or promotional activities, is expressly prohibited. Additionally, you acknowledge and agree that any unauthorized use of the materials and content provided through the checkout, such as copying, reproducing, distributing, transmitting, publishing, displaying, or creating derivative works based on such content, is strictly forbidden. You further agree not to assist, facilitate, or permit any third party to engage in any such prohibited activities. Any commercial exploitation or use of the checkout’s content, including for profit or any other unauthorized purpose, is not allowed under any circumstances.
We will not be responsible for any loss or damages resulting from unauthorized use of your payment card during checkout, and we are not required to notify your card issuer or any law enforcement authority in these instances.
You must provide us with a reasonable opportunity to address any issue for which we are liable before incurring any costs to resolve the matter on your own.
You must allow us a reasonable opportunity to resolve any issues before incurring costs to address the matter yourself.
It cannot be guaranteed that the store or checkout will be uninterrupted or error-free. We have the right to suspend the store or checkout without notice and without liability for repair, maintenance, improvements, or other technical reasons.
To the fullest extent permitted by applicable law, the store owner shall not be held liable if it cannot fulfill its obligations due to circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects, including third-party telecommunication failures.
In the event of any disputes related to these Terms or the use of our services, the parties agree to first attempt to resolve the issue amicably through negotiations. If an agreement cannot be reached, the dispute will be resolved before the competent courts of Germany, if possible in regions which are close tot he place where the store owner is based. Unless otherwise required by law, both parties agree to this jurisdictional provision. If any provision of these Terms is deemed invalid or unenforceable by a court, the validity of the remaining provisions shall not be affected.
If you have any questions, concerns, or complaints regarding these Terms and Conditions or the checkout process, please do not hesitate to contact us. You can submit your inquiries through the "Contact" page available on our website. We are committed to addressing any issues you may have in a timely and efficient manner.
We reserve the right to modify or update these Terms and Conditions or the checkout process at any time without prior notice. It is your responsibility to review these Terms each t ime you make a purchase or place an order on our online store. Any changes made will apply to future orders but will not affect any orders that you have already placed prior to such modifications. By continuing to use our services after changes have been posted, you agree to the updated Terms and Conditions.