Terms and Conditions
Terms and Conditions
Table of content
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Redeeming promotion vouchers
- Applicable law
- place of jurisdiction
- code of conduct
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of the miteinanderleben service GmbH (hereinafter "Seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or e-mail.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order.
2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the order volume exceeds the stated order volume. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable period of notice.
5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 Notwithstanding the foregoing, the limitation period for warranty claims for used goods shall be one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply.
for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
for other damages which are based on an intentional or grossly negligent breach of duty by the Seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the User, as well as
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotion vouchers
8.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.4 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
8.5 Only one promotion voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.
8.9 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.
8.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Applicable law
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
11) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
DOCID: ##ITK-441ba49bea445129d7aaa5a097a91db0## translated by https://www.deepl.com/de/translator