General Terms and Conditions | mobi-click

 

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


1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Gerhard Pütter, trading as "Mobi-Click Representation Germany" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.
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 commercial nor self-employed professional. Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

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 serve 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. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, postal mail, or via the online contact form.
2.3 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 e-mail), whereby the receipt of the 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 requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the end 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 is considered a rejection of the offer, meaning the customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order is sent. The seller does not make the contract text accessible beyond this.
2.5 Before submitting a binding 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 to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.6 The contract is concluded exclusively in the German language.
2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails 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 third parties commissioned by the seller for order processing can be delivered.

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 Terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be 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 must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer 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 seller's online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying with a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 When selecting the payment method invoice purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the invoice payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop.
4.7 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. For payment processing, Shopify may use additional payment services, which may be subject to special payment conditions that the customer will be informed about separately if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.de/payments.

5) Delivery and Shipping Conditions
5.1 Delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that made delivery impossible or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him within a reasonable time beforehand. Furthermore, this does not apply to the costs of the outbound shipment if the customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, 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, freight forwarder, or other person or institution designated to carry out the shipment. If the customer acts as 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. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution designated 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 if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts 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 immediately.
5.5 Self-collection is not possible for logistical reasons.

6) Retention of title
6.1 The seller reserves ownership of the delivered goods to consumers until full payment of the purchase price owed.
6.2 The seller reserves ownership of the delivered goods to entrepreneurs until full payment of all claims from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All claims arising from this against third parties are assigned by the customer to the seller in the amount of the respective invoice value (including VAT) in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's right to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

7) Defect liability (warranty)
If the purchased item is defective, the provisions of statutory defect liability apply. Deviating from this:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects for new goods is one year from the transfer of risk;
- rights and claims for defects are generally excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of defect liability.
7.2 If the customer acts as a consumer, the following limitation applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year from delivery can be asserted within the statutory limitation period.
7.3 The liability limitations and time reductions regulated in the above points do not apply
- for items that have been used for a building according to their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim under § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty of inspection and notification according to § 377 HGB applies. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.
7.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no effect on their statutory or contractual warranty claims.

8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the contract’s purpose, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the customer can regularly rely.
8.3 Otherwise, the seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale 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 their habitual residence.

10) Alternative Dispute Resolution
10.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.