TERMS AND CONDITIONS
Terms and Conditions
1.1 Scope These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relationships between us (MARCELL VON BERLIN GmbH i.L. , Friedrichstrasse 172, 10117 Berlin, represented by its liquidator : Dr. Jobst Müller-Trimbusch) and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract agreement The contract language is German.
1.3 Conclusion of contract The presentation of the range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, select the option “Proceed to checkout” in the shopping cart, and then in the third step, enter your data, including the billing address and, if applicable, a different delivery address, provided these are not already stored in your customer account, and select a payment method. In the fourth step, you confirm your order by clicking the “Buy now” button. With the order you declare your binding contract offer. If you have decided to pay via PayPal, you will be redirected to PayPal after clicking on “Buy now” and make the payment there directly. We will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notification of the dispatch of the goods. The contract is only concluded with the acceptance. The text of the contract is saved by us and sent to you in text form (e.g. e-mail, fax or post) after your order has been sent, along with these terms and conditions and customer information. However, you can no longer call up the contract text via the website after you have sent your order. You can use the print function of the browser to print out the relevant website with the text of the contract.
1.4 Registration To use the full scope of this website, it is necessary to set up a customer account. In doing so, the data required by us to provide the service are requested. The entries are confirmed by clicking on the “Register” button. You will then receive a confirmation email with the information required for a login. Registration is only complete when you log in to our website with this information for the first time. The password, which gives you access to the personal area, is to be treated as strictly confidential and may not be passed on to third parties. You take suitable and appropriate measures to prevent third parties from knowing your password. A customer account cannot be transferred to other users / customers or other third parties.
1.5 Subsequent changes to the terms and conditions We are entitled to subsequently adapt and supplement the general terms and conditions in relation to existing business relationships, insofar as changes in legislation or case law require it or other circumstances mean that the contractual equivalence relationship is not only insignificantly disturbed. A subsequent change to the terms and conditions will take effect if you do not object within six weeks of being notified of the change. At the beginning of the period, we will expressly inform you of the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you can extraordinarily terminate the contractual relationship, unless we allow the contractual relationship to continue under the old general terms and conditions.
2.1 Part deliveries We are entitled to make part deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delivery and service delays Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which we cannot prevent even with the utmost care and which we are not responsible for (this includes in particular strikes, official or court orders and cases incorrect or improper self-delivery despite the corresponding hedging transaction) entitle us to postpone the delivery for the duration of the impeding event.
2.3 Exclusion of delivery PO box addresses are not supplied.
2.4 Default in acceptance If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim compensation for default or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance Unless expressly agreed otherwise, we will deliver within 5 days. In the case of prepayment, the start of the delivery period is the day after the payment order has been issued to the transferring bank or, in the case of payment by PayPal or credit card, the day after the conclusion of the contract. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3.1 Prices and shipping costs All prices include sales tax. In addition, there are separately shown costs for packaging and shipping, unless collection by you at our place of business has been agreed.
3.2 Right of retention You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
IV. Cancellation instructions
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods / the last goods. In order to exercise your right of withdrawal, you must inform us (MARCELL VON BERLIN GmbH i.L. , Friedrichstrasse 172, 10117 Berlin, phone: +49 30 20 05 94 22, email: email@example.com) by means of a clear declaration (e.g. a mail sent letter, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of revocation If you revoke this contract, we will have you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.- End of the cancellation policy – Exclusion of the right of cancellation The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer. There is also no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded. Special information on the premature expiry of the right of withdrawal In the case of contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.
V. Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods that are subject to simple retention of title with care at all times. You assign to us a claim or replacement that you receive for the damage, destruction or loss of the delivered goods. If you behave contrary to the contract, in particular in the event of default in payment, we are entitled to take back the purchased item. In this case, taking back the item does not constitute a withdrawal from the contract, unless we expressly declare this in writing.
6.1 Warranty claim There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.) these changes are reasonable for you. Such reasonable reasons for change can result from commercial fluctuations and technical production processes. As far as guarantees are given in addition to the warranty claims, you will find their exact conditions on the product. Possible guarantees do not affect the warranty rights.
6.2 Warranty towards consumers The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over. If you notice that the outer packaging arrives damaged or that it is damaged after receiving the goods, we ask you to notify us. However, there is no obligation to provide such a notification, nor are warranty rights affected by failure to provide notification. If the goods are defective, you can choose to request supplementary performance in the form of subsequent improvement or subsequent delivery. If defects are not rectified even after two attempts at improvement, you have the right to withdraw from the contract or to reduce the price.
6.3 Warranty towards entrepreneurs Contrary to the statutory warranty regulations, it applies to entrepreneurs that, in the event of a defect, we can choose to provide supplementary performance in the form of rectification of the defect or a new delivery. The risk of accidental loss or deterioration of the item is transferred to you as soon as it is handed over to the person assigned to transport it. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after their discovery in text form; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
6.4 Rights in the event of an insignificant defect In the event of an insignificant defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
6.5 Compensation for defects No guarantee is given for damage that can be traced back to improper handling or use. The following disclaimer is expressly referred to. 6.6 Statute of limitations The warranty for used goods is 1 year. If you are an entrepreneur, the guarantee for used goods is excluded and for new goods this is 1 year. The right of recourse according to § 478 BGB is excluded from this. The shortening of the limitation period expressly does not exclude liability for damage resulting from injury to life, limb or health or in the event of willful intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.
7.1 Exclusion of liability We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently those obligations, compliance with which is of particular importance for the achievement of the contractual purpose) are affected, liability is also assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. We are only liable to entrepreneurs in the event of a grossly negligent breach of non-essential contractual obligations to the amount of the foreseeable, contract-typical damage.
7.2 Reservation of liability The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
VIII. Final provisions
8.1 Place of jurisdiction Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law Unless mandatory statutory provisions according to your home law preclude this, German law, excluding the UN sales law, shall apply.
8.3 Consumer dispute settlement procedure The EU Commission has created an internet platform for the online settlement of disputes relating to contractual obligations from online contracts (OS platform). You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
8.4 Severability Clause The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.