Terms and consumer information in the context of contracts of sale on the webshop between MONKIND Berlin Valeria Popov and Stewart Hill GbR (from hereon “provider”) and the customer (hereon “customer”).
§ 1 Scope and General Notes
(1) Subject to individual agreements and agreements which take precedence over these terms, the following terms and conditions apply to the business relationship between the provider and the customer only valid at the time of the order. Conflicting terms and conditions of the customer specifically do not apply unless the provider agrees to their validity in writing.
(2) The customer is a consumer if no commercial or independent professional activity for the purpose of the goods and services ordered can be attributed. A commercial customer is any natural or legal person or unincorporated company acting in their commercial or independent professional activity at the conclusion of the contract.
§ 2 Conclusion of contract
(1) All offers in the web shop of the provider are merely a non-binding invitation to the customer to make an offer to buy. Once the seller has received the order from the customer, the customer first receives an order confirmation, usually by e-mail. This does not constitute acceptance of the order. After receiving an order, the provider will check this in the short term and notify the customer within 2 business days on whether to accept the order. No contract is concluded when the customer does not receive an order confirmation within 2 working days. The order process in the webshop of the provider works as follows:
(2) The customer can choose from the selection of the supplier’s products and use the “add to cart” button to gather them in a so-called basket. By clicking the button “Place order” he emits a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time. The order, however, can only be placed and received, if the customer has accepted these “Terms and Conditions” by clicking on the button displayed.
(3) The provider then sends the customer an automatic receipt e-mail, in which the customer’s order will appear again and can print using the “Print” function of the customer. The automatic acknowledgment of receipt only documents that the customer’s order is received by the provider and does not constitute acceptance of the application. The contract is not concluded until the declaration of acceptance by the provider, which will be sent with a separate e-mail.
§ 3 Contract, quality, delivery and availability of goods
(1) The contract covers the framework in which the order specified by the customer and goods of order and / or order confirmation and services to the retail prices are listed in the webshop. Errors and mistakes are reserved there, esp. with regard to the availability of goods.
(2) The nature of the goods ordered arising from the products featured in the webshop. Pictures on the website may display products inaccurately; specifically colours may differ due to technical reasons. Images are used only for reference and as illustrative material and may differ from the product. Technical data, weights, dimensions and specifications are specified as precisely as possible, but may have the usual deviations. The properties described here do not constitute defects in the products delivered by the supplier.
(3) When on the date of the customer’s order there are no copies of the selected product available, the provider shall notify the customer of this in the order confirmation. If the product is permanently unavailable, contact the provider on a declaration of acceptance. A contract is not concluded in this case.
(4) If a product is ordered by the customer is temporarily unavailable, the supplier shall inform the customer immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to revoke the contract. In addition, the provider is entitled to withdraw from the contract in this case. Here he will refund any payments already made by the customer immediately.
§ 4 Reservation of property
Until full payment of the delivered goods has been received, the goods remain sole property of the supplier.
§ 5 Delivery, pricing, shipping
(1) Delivery (delivery to the shipping company) is made only after receiving payment, otherwise, immediately after the order confirmation.
(2) All prices are listed on the vendor website are inclusive of applicable VAT.
(3) The appropriate shipping charges to the customer in the order and shall be borne by the customer.
(4) The order will be shipped by mail. If the customer requests an insured shipping, this should be explicitly arranged with the provider. The resulting additional costs are are to be paid by the customer.
§ 6 Terms of payment, compensation and retention
(1) The customer may pay by PayPal or credit card.
(2) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of payment determined by the calendar, so the customer is already in default by failure to observe the deadline.
In this case he has the seller to pay interest at the rate of 5 percentage points above the base rate.
(3) The customer’s obligation to pay default interest includes the assertion of further damages caused by default not by the provider.
(4) The customer may only offset counterclaims that the judicially established, undisputed or acknowledged in writing by the provider.
§ 7 Warranty for defects, warranty
(1) The provider is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee consists in the goods delivered by the seller only if this was explicitly stated in the order confirmation to the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This excludes damage claims of the customer arising from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty of the provider or his legal representatives or agents.
(2) In case of breach of fundamental contractual obligations referred to in paragraph 1, the provider shall be liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there is damage claims of the customer arising from injury to life, body or health.
(3) Significant contractual obligations within the meaning of paragraph 1, the liability for breach of obligations the fulfillment of which allows the execution of the contract and on which the customer can rely.
(4) The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are made directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal
– Returns policy –
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (MONKIND Berlin Valeria Popov und Stewart Hill GbR, Crellestr. 3/4, 10827 Berlin, Tel.: +49 (0) 30 817 26 803, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (in the event you return only part of your original order, we will reimburse you a partial refund of the costs of delivery // in the event your order was applicable for free shipping and you return part of your order resulting in the remaining order falling under the free shipping boundary, we reserve the right to subtract shipping from your reimbursement), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods to:
Rua Joaquim Dias Salgueiro, nº130-180
Arm. D, 4470-777 Vila Nova da Telha, Maia
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
Addressed to: (do not send returns back to this address!)
MONKIND Berlin Valeria Popov und Stewart Hill GbR
10827 Berlin, Germany
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
– End of Returns Policy –
§ 10 Notes on data protection
(1) The provider collects as part of the settlement of contracts data from customers. Without the customer’s consent the provider’s inventory and customer usage data will only be collected, processed or used to the extent necessary for the execution of the contract and for the use and accounting of teleservices.
(2) Without the consent of the customer the supplier will not use customer data for purposes of advertising, market research or opinion polls.
§ 11 Final Provisions
(1) Any contract between the provider and the customer falls under the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider are to be undertaken at the location of the provider.
(3) The contract remains binding even where there is legal invalidity of individual items.
(End of Conditions)