(translated from German with DeepL)
Table of contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. retention of title
7. liability for defects (warranty)
9. special conditions for the processing of goods according to certain specifications of the customer
10. applicable law
11. place of jurisdiction
12. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of mr verlag (hereinafter “Seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent 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 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 via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process.
2.3 The Seller may 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 placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer 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 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.5 Prior to binding submission of the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 The German, English and Italian languages are available for the conclusion of the contract.
2.7 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money 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 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 conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall 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 had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any 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 goods sold shall generally not pass to the customer or a person authorized to receive the goods until the goods have been handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously designated 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 shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case 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 With regard to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 The seller reserves the right of ownership of the delivered goods vis-à-vis entrepreneurs until complete settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance to the seller all resulting claims against third parties in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer meets his payment obligations towards the seller, does not default on payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:
7.1 If the customer acts as an entrepreneur,
– the seller has the choice of the type of subsequent performance;
– in the case of new goods, the limitation period for defects shall be one year from the passing of risk;
– the rights and claims due to defects are generally excluded for used goods;
– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer is acting as a consumer, the following clause shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and shortening of time limits regulated in the above clauses shall not apply.
– for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
– for claims for damages and reimbursement of expenses on the part of the customer, and
– in the event that the seller has fraudulently concealed the defect.
7.4 In addition, the statutory limitation periods for the right of recourse according to § 478 BGB (German Civil Code) shall remain unaffected for entrepreneurs.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB (German Commercial Code). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be 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 damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds whatsoever
– in case of intent or gross negligence,
– in the event of intentional or negligent injury to life, limb or health,
– on the basis of a guarantee promise, unless otherwise agreed,
– due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the customer may regularly rely on.
8.3 Any further liability on the part of the Seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 If, in accordance with the contents of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods in accordance with certain specifications of the Customer, the Customer shall provide the Operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.
9.2 The Customer shall indemnify the Seller against any claims by third parties which they may assert against the Seller in connection with a violation of their rights through the contractual use of the contents of the Customer by the Seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
10) Applicable law
10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
12) Alternative dispute resolution
12.1 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 contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is prepared to do so in principle.
2019 / Version 1.0