Terms buyer information

Terms and Conditions with customer information
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Table of Contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution


1) Scope
1.1 These General Terms and Conditions (hereafter "Terms and Conditions") of Rene Lange, acting under "Muldental Vertrieb" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods presented by the seller in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer via e-mail or via the online contact form to the seller.
2.3 The seller can accept the offer of the customer within five days,
- by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer for payment after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer 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 If the payment method "PayPal Express" is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as a payment method in the online order process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Prior to the binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The contract is concluded in German and English.
2.8 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.
 
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.

4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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 online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
4.6 If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATE"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have a PIN / TAN online banking account enabled to participate in "IMMEDIATE", legitimize himself during the payment process and have the payment order vis-à-vis "IMMEDIATE". to confirm. The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be charged. Further information about the "IMMEDIATE" payment method can be found on the internet at https://www.klarna.com/sofort/.

4.7 If the payment method "PayPal Invoice" is selected, the seller transfers his payment claim to PayPal. Before accepting the seller's assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method "PayPal Rechnung" in case of a negative examination result. If the payment method "PayPal invoice" is approved by PayPal, the customer has to pay the invoice amount within 30 days from receipt of the goods to PayPal, provided that PayPal does not specify any other payment term. In this case, he can only pay to PayPal with a debt-discharging effect. However, the seller remains responsible for general customer inquiries, even in the case of assigning claims. For example, to the goods, delivery time, shipping, returns, complaints, revocation statements and shipments or credits. In addition, the General Terms of Use for the use of the invoice purchase of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.8 When selecting the payment method "PayPal direct debit", PayPal shall deduct the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information on behalf of the seller. Pre-notification ("Pre-Notification") is any notice (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA Direct Debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this ,

5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way 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. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 In the case of self-pickup, 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 may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.

6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages and reimbursement claims of the customer, as well
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9) Alternative Dispute Resolution
9.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
 
 
 
 
 
 

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