Terms & Conditions & right of withdrawal
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of contents
1. scope of application
2.The conclusion of the contract
3.The right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. Liability For Defects (Warranty)
8. special conditions for the processing of goods according to certain specifications of the customer
9.Redemption of promotional vouchers
10. redemption of gift vouchers
11. Applicable Law
12.The place of jurisdiction
13. Alternative Dispute Resolution
1) scope of application
1.1 these general terms and conditions (hereinafter referred to as "GTC") of MBüro für Entwicklung und Konstruktion GmbH (hereinafter referred to as "seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "customer") with the seller with regard to the goods presented by the seller in his Online Shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
These general terms and Conditions shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
A consumer within the meaning of these general terms and conditions is any natural person who enters into a legal transaction for purposes which are predominantly not attributable to his commercial or independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) conclusion of contract
The product descriptions contained in the seller's online Shop do not constitute 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 into the seller's online Shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the Goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also contact the customer by telephone or e-Mail. Seller.
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); insofar receipt of 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 asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the Offer shall begin on the day following the dispatch of the offer by the customer and shall end on the end 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 to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s. c. A., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online order process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares 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 text of the contract will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, Fax or letter) after sending his order. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online Shop before sending his order, the order data will be stored on the website of the seller is archived and can be accessed free of charge by the customer via his password-protected user account, providing the corresponding Login data.
Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnifying function of the browser, with the help of which the display on the screen is magnified. As part of the electronic ordering process, the customer can submit his entries for as long as correct the usual keyboard and mouse functions until he clicks the Button that completes the order process.
Only the German language is available for the conclusion of the contract.
2.9 order processing and contacting 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 the e-Mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all third parties commissioned by the seller or by this third party to process the order have sent E-Mails can be delivered.
3) right of withdrawal
Consumers are generally entitled to a right of withdrawal.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of Goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
Further information on the right of withdrawal arises from the cancellation policy of the seller.
4) prices and terms of payment
Unless otherwise stated in the seller's product description, the prices stated are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
The payment option (s) will be communicated to the customer in the seller's online Shop.
If the payment method "SOFORT" is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an Online Banking account with PIN/TAN procedure that is freely activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is immediately thereafter carried out by "immediately" and debited the customer's bank account. Further information on the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/ retrieve.
If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as the terms and conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following internet address:
5) terms of delivery and shipping
The delivery of goods takes place on the dispatch route to the delivery address specified 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 shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered performance, unless the seller him the power had announced a reasonable time in advance. This also applies in the Not with regard to the costs for the return shipment if the customer exercises his right of withdrawal effectively. In the event of the effective exercise of the right of withdrawal by the customer, the provision made in the cancellation policy of the seller shall apply to the return costs.
In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-Mail, the customer can pick up the goods at the seller's Registered office after consultation with the seller. In this case no shipping costs will be charged.
5.4 vouchers are given to the customer as follows:
by e-mail in
6) retention of title
If the seller makes advance payments, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability For Defects (Warranty)
If the object of purchase is defective, the provisions of the statutory liability for defects shall apply. We assume no liability for damage to mobile devices, as we cannot understand whether the holder was used properly.
The customer is asked to complain to the deliverer with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) special conditions for the processing of goods according to certain specifications of the customer
If the seller owes the content of the contract in addition to the delivery of goods and the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for the processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. For the procurement and the acquisition of rights to these contents the customer alone is responsible. The customer declares and assumes responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that no rights of third parties are violated, in particular copyright, trademark and personal rights.
The customer shall indemnify the seller against claims by third parties which the seller may assert against the seller in connection with a violation of its rights through the contractual use of the customer's content. The customer shall also bear the reasonable costs of the necessary legal defence, including all legal and legal fees. This does not apply if the customer is not responsible for the infringement. The customer is in the event of a claim by third parties, the seller is obliged to provide the seller without delay, truthfully and completely with all information necessary for the examination of the claims and a defence.
The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or good morals. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, endangering youth and/or glorifying violence.
9) redemption of campaign vouchers
Vouchers which are issued free of charge by the seller in the context of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online Shop and only in the specified period.
Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
Promotional vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
Several campaign vouchers can also be redeemed for an order.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
If the value of the campaign voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
The balance of a campaign voucher is neither paid in cash nor interest.
The campaign voucher will not be refunded if the customer returns the goods paid in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
The campaign voucher is transferable. The seller can make with liberating effect to the respective owner, who redeem the campaign voucher in the online Shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, incapacity for business or lack of representation of the respective owner.
10) redemption of gift vouchers
Vouchers that can be purchased via the seller's online Shop (hereinafter referred to as" gift vouchers") can only be redeemed in the seller's online Shop, unless otherwise stated in the voucher.
Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
Gift vouchers can only be redeemed before completion of the order process. Subsequent settlement 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 for the purchase of further 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 chosen to settle the difference.
The credit of a gift voucher is neither paid in cash nor subject to interest.
The gift voucher is transferable. The seller can make with liberating effect to the respective owner, who redeem the gift voucher in the online Shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, incapacity for business or lack of representation of the respective owner.
11) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its Registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Registered office of the seller. If the customer has its Registered office outside the territory of the Federal Republic of Germany, the Registered office of the seller 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 professional or commercial activity of the customer. In the above cases, however, the seller is in any case entitled to call the court at the customer's Registered office.
13) Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following Link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of - court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is in principle willing to do so.
CANCELLATION POLICY & CANCELLATION FORM
Consumers are entitled to a right of withdrawal under the following conditions, whereby consumer is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to their commercial nor their independent professional activity:
1. cancellation policy
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (MBüro für Entwicklung und Konstruktion GmbH, Hinter den Gärten 2, 67685 Erzenhausen, Germany, Tel.: 0171-74 73 002, E-Mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by Post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.
In order to maintain the revocation period, it is sufficient that you send the communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund any payments we have received from you, including the delivery costs (except for the additional costs arising from the fact that you have chosen a different kind of delivery than the most favorable standard delivery offered by us), immediately and within fourteen days from the date on which the notice of your revocation of this contract has been received. For this repayment, we will use the same means of payment that you have used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees due to this repayment. We may refuse the repayment until we have returned the goods or until you have provided proof that you have sent back the goods, whichever is the earlier.
You shall send the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the revocation of this contract, to us or to hand over to us. The time limit is maintained if you send the goods before the expiry of the period of fourteen days.
They shall bear the direct costs of returning the goods.
You have to pay for any loss of value of the goods only if this loss of value is attributable to a handling of the goods which is not necessary for the examination of the nature, properties and functioning of the goods.
exclusion or Premature deletion of the right of withdrawal
The right of revocation does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by 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 in original packaging with all accessories and with all packaging components back to us. If necessary, use a protective repackaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with a suitable package.
2) Please do not send the goods unfreely back to us.
3) Please note that the above-mentioned paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
If you want to cancel the contract, please fill out this form and send it back.
MBüro für Entwicklung und Konstruktion GmbH
Behind the gardens 2
I/we hereby revoke (*) the contract concluded by me/us (*) concerning the purchase of the following goods (*) /the provision of the following service (*)
Ordered on (*) ____________/received on (*) __________________
Name of the consumer (s)
Address of consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate