(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are applicable to all contracts concluded via our online shop between us, the
Vor dem Bardowicker Tore 49, 21339 Lüneburg
Local court Lüneburg HRB 205837
and you as our customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between the customer and us, in relation to the sales contract result, the sales conditions, our order confirmation and our declaration of acceptance will be governed by these general terms and conditions of sale.
(3) The version of the General Terms and Conditions at the time the contract is concluded applies.
(4) Other terms and conditions are not accepted. This applies even if we do not especially contradict their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online shop constitutes a binding offer by us to conclude a sales contract.
(2) By sending an order through the online shop by clicking on the button "order payable" you accept our offer to conclude a sales contract. A binding purchase contract is concluded between us by clicking on the button "order payable".
(3) We will immediately confirm the purchase contract concluded via our online shop by e-mail.
(4) If the delivery of the goods ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from accepting the order confirmation. In this case, the contract is invalid. We will immediately inform you and refund you of any payment made.
§ 3 Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you are a consumer that makes use of your right of revocation according to item 1, you bear the costs of returning the item.
(3) Otherwise, the provisions set out in the right of revocation will apply.
(4) Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
- Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- Contracts for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be supplied at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the trader has no influence,
- Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
Right of Revocation
You are entitled to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you, or a third party designated by you who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us [Vonmählen GmbH, Vor dem Bardowicker Tore 49, 21339 Lüneburg, Germany, telephone number: +49 4131 220 95 0, e-mail address: firstname.lastname@example.org] of your decision to withdraw from this contract with an explicit declaration (e.g. a letter send by post, fax or e-mail). You can use the attached sample revocation form but is not mandatory. You may also complete the form electronically and submit the withdrawal form or any other unambiguous statement on our website www.vonmaehlen.com. If you use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt.
To comply with the time limit, it is sufficient if you send notice of the exercise of the right of withdrawal before the end of the revocation period.
If you revoke this contract, we have to immediately – and at the latest within 14 days from the day on which we received the announcement of your revocation of this contract – refund all payments we received from you, including the costs of delivery, except the additional costs that were incurred if you chose a different type of delivery other than the cheapest standard delivery type offered by us. For the refund we will use the same method of payment that you used for the original transaction (unless we explicitly agreed something else with you); in no case will we charge any fees for this refund. We may withhold a refund until we have received the returned goods or until you have shown proof that you have sent back the goods, depending on which occurs first.
You must immediately (and in any case at the latest within 14 days from the day on which you informed us of the revocation of this contract) send back the goods or deliver them to us. The deadline is met if you send off the goods before the end of the revocation period of 14 days.
You shall bear the cost of return shipping.
You are only liable for any potential loss of value of the goods if this loss of value can be attributed to any non-essential handling of the goods for the testing of the quality, properties and functionality by you.
- End of the contract withdraw instructions-
§ 4 Terms of delivery
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period results from the confirmation e-mail.
(3) We are only obliged to deliver the goods when the purchase price and shipping costs have been credited to one of our business accounts via the payment method you have chosen.
(4) Unless otherwise agreed, the goods will be delivered to the address specified.
(5) If you participate in the Telekom Mega-Deal, from 05.12.2018 at 09:00 a.m. until 11.12.2018 at 23:59 p.m., orders will only be shipped within Germany. Participation as a non-Telekom customer or from abroad is not possible.
§ 5 Prices and shipping costs
(1) All prices quoted in our online shop include statutory VAT but do not include shipping costs.
(2) The shipping costs are stated in our prices in our online shop. The price, including sales tax and shipping costs, is also displayed in the order form before you submit the order.
(3) If your order is only partially delivered according to § 4 paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, you will be charged shipping costs for every partial delivery.
(4) If you, as a consumer, effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of already paid costs for shipping to you (forwarding costs) under the statutory conditions (cf. to other consequences of revocation § 3 paragraph 3).
§ 6 Terms of Payment and Offsetting and Right of Retention
(1) As buyer you are required to pay in advance. The purchase price is due immediately upon conclusion of the purchasing contract and must be paid by using the payment methods offered by us.
(2) You are not entitled to offset against our claims, unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you make a notice of defects or assert counterclaims from the same purchase contract.
(3) As a buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
We are liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE). The warranty period for legal warranty claims is two years and begins with the delivery of the goods.
Participants in the "Aktion Telekom Mega-Deal", from 05.12.2018 to 11.12.2018, close a gift contract with us, so these customers do not have a right according to § 8 of these General Terms and Conditions or the legal warranty claims according to §§ 434 ff. of the German Sales Law. BGB (German Civil Code).
§ 9 Liability
(1) Customer damage claims are ruled out. Unaffected, we are liable under the statutory provisions for other damages that are based on intentional or grossly negligent breach of contract and malice by us, our legal representatives or our vicarious agents.
(2) We are not liable for disregarding the safety instructions. Furthermore, we shall not be liable (on whatever legal grounds) for damages which are typically not to be expected with normal use of the goods. Our liability is also excluded for damages resulting from loss of data or retrieval of lost data. This shall not affect our liability under the statutory provisions in the event of intent or gross negligence.
(3) In other cases, we are only liable - unless otherwise stipulated in Para. 3 - in the event of a breach of a contractual obligation, where the fulfilment is essential to properly carry out and the adhere to the contract which you as the customer may generally expect (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(4) Our liability for damages resulting from injury to life, limb or health, which are based on a culpable breach of duty by us, our legal representatives or our vicarious agents, shall remain unaffected by the aforementioned limitations and exclusions of liability.
(5) As far as the scope of the product liability law is opened, we are fully liable according to its regulations.
§ 10 Copyrights
We have copyrights or rights of use to all pictures, films and texts published in our online shop. A use of the pictures, films and texts is not permitted without our express agreement.
§ 11 Electronic Communications
You agree that contract-related communication may take place in electronic form.
§ 12 Data processing
We process your data (e.g. collection and transmission of data) for the purpose of contract execution. We adhere to the legal regulations when processing data. You can find out more about this in our data protection declaration.
§ 13 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have a registered office in Germany at the time the order is placed, the exclusive place of jurisdiction is the seller's registered office in Lüneburg. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Settlement of disputes: The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Final clause
Should individual provisions of this agreement be legally invalid, the remainder of the agreement shall remain binding. The ineffective points shall be replaced, if available, by the statutory provisions.