General Terms And Conditions
Table of Contents:
1. Scope of Application
1.1 General
1.2 Definitions: Consumer and Entrepreneur
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Defect Liability (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the Müller di Coste GbR (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but are rather intended 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. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer by email, online contact form, or by post to the Seller.
2.3 The Seller can accept the Customer's offer within five days by:
- sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When selecting a payment method offered by PayPal, 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 referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal, which can be selected during the online ordering process, the Seller hereby declares his acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted his order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account, specifying the corresponding login details.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct his entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and communication take place primarily via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered, especially when using spam filters.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Value added tax is not shown, as the Seller is a small business owner within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs that may be incurred are separately stated in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If a payment method offered by PayPal is selected, payment processing will be carried out via PayPal, with PayPal also using the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal where he makes advance payments to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider specifically named by PayPal and the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer's selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and submissions, or credit notes.
5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result thereof. This does not apply with regard to the costs for the initial delivery if the Customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provisions made in this regard in the Seller's withdrawal policy shall apply to the return costs.
5.3 If the Customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. However, contrary to this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the Seller's fault and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty (Guarantee)
Unless otherwise stated in the following provisions, the statutory warranty provisions shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:
7.1 If the Customer acts as a business:
- The Seller has the choice of the type of subsequent performance.
- For new goods, the limitation period for defects is one year from the delivery of the goods.
- For used goods, rights and claims due to defects are excluded.
- The limitation period does not restart if a replacement delivery is made as part of the warranty.
7.2 The liability limitations and shortening of deadlines set forth above do not apply to:
- Claims for damages and reimbursement of expenses by the Customer.
- Cases where the Seller has fraudulently concealed the defect.
- Goods that have been used in accordance with their normal use for a building and have caused its defectiveness.
- Any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial duty to examine and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to fulfill the notification obligations regulated there, the goods are deemed to have been approved.
7.5 If the Customer is a consumer, he is requested to report obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so will not affect the Customer's statutory or contractual warranty claims.
8) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. This choice of law only applies to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.