Terms & Conditions & right of withdrawal
General terms and conditions with customer information
Table of contents
2. Contract conclusion
3. Invalance law
4. Prices and terms of payment
5. Lief and shipping conditions
6th ownership reservation
7. Fnown liability (warranty)
8. Especially conditions for the processing of goods according to certain requirements of the customer
9. Detachment of action vouchers
10. Detachment of gift vouchers
11. Applicable law
12th place of court
13. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter referred to as "AGB") of the MBüro für Development and Construction GmbH (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller regarding the seller Complete goods shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
These terms and conditions apply accordingly to contracts for the delivery of vouchers, provided that something different is not expressly regulated.
Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
2) Contract conclusion
The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by phone or email to the seller.
The seller can 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 email), whereby the receipt of the order confirmation is decisive in the customer, or
by providing the customer to the customer, with the access of the goods to the customer, or
by asking the customer to pay after submitting them.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
If the payment method "PayPal Express" is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of the PayPal use conditions, https://www.paypal.com/de/webapps/mpp/ua/useragreement-full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects as a payment method as part of the "PayPal Express" online ordering process, he also gives a payment order to PayPal by clicking the button that has finalized the ordering process. In this case, the seller already explains the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
When selecting the payment method "Amazon Payments", payment processing is made via the payment service provider Amazon Payments Europe S.C.A., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the validity of the Amazon Payments European usage agreement, viewable at https://payments.amazon.de/help/201751590. If the customer selects as a payment method as part of the online ordering process "Amazon Payment", he also gives a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already explains the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
Only the German language is available for the conclusion of the contract.
2.9 The order processing and contact usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal.
Exclusion or premature expiry of the right of cancellation
The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination of the consumer is decisive or which are clearly tailored to the personal needs of the consumer
More information on the right of cancellation arises from the cancellation policy of the seller.
4) Prices and terms of payment
Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
The payment options are/will be communicated to the customer in the seller's online shop.
When payment by means of a payment method offered by PayPal, payment is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of the PayPal use conditions, https://www.paypal.com/de/webapps/mpp/ua/useragreement-full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have a online banking account with PIN/TAN procedure that is freely switched to "immediately", legitimize the payment process and "immediately" the payment instructions towards "immediately" confirm. The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. More information about the payment method "Immediately" can be found on the Internet at https://www.klarna.com/sofort/ recall.
When selecting a payment method offered via the payment service "Klarna", the payment processing is made via Klarna Bank (publ), Sveafen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following website:
5) Delivery and shipping conditions
The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
If the transport company sends the goods sent back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer has not been responsible for the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
If you pick up, the seller first informs the customer by email that the goods he ordered is ready for collection. After receiving this email, the customer can pick up the goods after consultation with the seller at the seller's seat. In this case, no shipping costs will be charged.
5.4 Vouchers are left to the customer as follows:
by email in
6) Reference to retention of title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
7) Liability for defects (warranty)
If the purchased item is poor, the provisions of the statutory liability for defects apply. We do not accept any liability for damage to mobile phone devices or bicycle, as we cannot understand whether the products were used properly.
The customer is asked to complain about the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain requirements of the customer
If the seller owes the processing of the goods according to the content of the contract in addition to the goods delivery according to certain requirements of the customer, the customer has all the content required for the processing, such as texts, images or graphics in the file formats specified by the operator, formatting, image and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for procurement and acquisition of rights. The customer explains and assumes the responsibility that he has the right to use the content provided to the seller. In particular, he ensures that this does not violate the rights of third parties, in particular copyright, trademark and personal rights.
The customer releases the seller of claims by third parties who can assert them in connection with a violation of their rights by the contractual use of the content of the customer by the seller. The customer also assumes the appropriate costs of the necessary legal defense, including all court and attorney costs in a statutory amount. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and fully, and completely available for the examination of claims and defense.
The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official bans or good customs. This applies in particular if the constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and/or violent content applies.
9) Redeem of action vouchers
Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter referred to as "action vouchers") can only be redeemed in the online shop of the seller and only in the specified period.
Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.
Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
With an order, several action vouchers can also be redeemed.
The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.
If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
The credit of an action voucher is neither paid out in cash nor interest.
The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of its statutory right of withdrawal.
The action voucher is transferable. The seller can provide the respective owner who redeems the promotion voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.
10) Refraining from gift vouchers
Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers" ") can only be redeemed in the seller's online shop, unless otherwise emerging from the voucher.
Gift vouchers and residual credit of gift vouchers can be redeemed by the end of the third year after the year of voucher shopping. Remaining credit will be credited to the customer until the expiry date.
Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Only one gift voucher can be redeemed per order.
Gift vouchers can only be used for the purchase of goods and not to buy other gift vouchers.
If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
The credit of a gift voucher is neither paid out in cash nor interest.
The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.
11) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
12) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.
13) Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
The seller is not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board, but is generally ready for this.
Cancellation policy & cancellation form
Consumers are entitled to a right of withdrawal in accordance with the following provision, whereby consumers is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity:
1. Invalance policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named, who is not the carrier, have taken possession of the last goods.
In order to exercise your right of cancellation, you must (MBüro für Development and Construction GmbH, behind Gardens 2, 67685 Erzenhausen, Germany, Tel.: 0171-74 73 002, email: firstname.lastname@example.org) Information about your decision to revoke this contract by means of a clear explanation (e.g. a letter sent by post or email). You can use the attached sample cancellation form for this, but this is not prescribed.
To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.
Consequences of the revocation
If you cancel this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have to repay), immediately and at the latest within fourteen days from the day, on which the notification of your revocation of this contract was received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with them; Under no circumstances will you be charged for fees for this repayment. We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract, to send or hand over to us. The deadline is preserved if you send the goods before the deadline of fourteen days.
They bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the quality, properties and functionality of the goods not necessary to deal with them.
Exclusion or premature expiry of the right of cancellation
The right of cancellation does not exist in the case of contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination of the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
1) Please avoid damage and contamination of the goods. Please send the goods back to us in original packaging with all accessories and all packaging components. If necessary, use a protective reversal. If you no longer have the original packaging, please ensure sufficient protection against transport damage with a suitable packaging.
2) Please do not send the goods back to us.
3) Please note that the aforementioned digits 1-2 are not a prerequisite for the effective exercise of the right of cancellation.
1. Invalance form
If you want to revoke the contract, please fill out this form and send it back.
MUSTRIAT FOR DIFFORCTION AND Construction GmbH
Behind the gardens 2
Hereby revoked (s) I/we (*) the contract concluded by me/us (*) to buy the following goods (*)/the provision of the following service (*)
Ordered on (*) __________ / received on (*) __________________
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notifying paper)
(*) Coat incorrect