General terms and conditions with customer information
Table of Contents
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)
9. Applicable Law
10. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Gerhard Pütter, acting under "Mobi-Click Representation Germany" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") ) with the seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in 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 for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, post or 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 asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which 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 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 deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place.
2.5 Before the binding submission of the 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 recognition of input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made by email 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 e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds 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 has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method purchase on account is selected, the purchase price is 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 payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.7 If one of the payment methods offered via the "Shopify Payments" payment service is selected, the payment is processed 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. Shopify can use other payment services to process payments, for which special terms of payment may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company sends the goods back to the seller because 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 service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs of sending the goods if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed 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-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Collection by the customer is not possible for logistical reasons.
6) Retention of title
6.1 In relation to consumers, the seller retains ownership of the goods delivered until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller retains ownership of the goods delivered until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). 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 authority 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, does not fall into arrears and no application has been made to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and shortened deadlines regulated in the preceding paragraphs do not apply
- for things that have been used for a building in accordance with their normal 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 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial inspection and complaint obligation according to § 377 of the German Commercial Code applies. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller has unlimited liability for any legal reason
- in the event of willful intent or gross negligence,
- in the event of willful or negligent injury to life, body or health,
- on the basis of 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 an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely.
8.3 Otherwise liability on the part of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution 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 sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.