Terms and Conditions

General Terms and Conditions with Customer Information Table of Contents 1. Scope 2. Conclusion of Contract 3. Right of Withdrawal 4. Prices and Payment Conditions 5. Delivery and Shipping Conditions 6. Retention of Title 7. Liability for Defects (Warranty) 8. Liability 9. Special Conditions for the Processing of Goods According to Specific Customer Specifications 10. Redemption of Promotional Vouchers 11. Applicable Law 12. Alternative Dispute Resolution 1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Michael Gropp, trading as "Mg-warehouse24 UK" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes 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 contradicted, unless otherwise agreed. 1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. 1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. 2) Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute 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 into the Seller's online shop. After placing the selected Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email or via an 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 email), whereby receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or - by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, 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 on 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 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal, which can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process. 2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data. Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de 2.6 Before submitting a binding 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 detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the order process. 2.7 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop. 2.8 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 to process the order 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 cancellation policy. 4) Prices and payment conditions 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated 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 must 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 arise in relation to the transfer of money 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 advance payment 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. Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de 4.5 If the payment method "SOFORT" is selected, payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," provide appropriate identification during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then processed immediately by "SOFORT," and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/. 4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de. 4.7 If you select a payment method offered via the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here: https://nest2go.de/pages/zahlunginfomation-mit-klarna 5) Delivery and Shipping Conditions 5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. 5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of shipping if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs. 5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or an authorized recipient. Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier, 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-delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability 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 If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects (warranty) Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods: 7.1 If the customer is an entrepreneur, - the seller has the choice of the type of subsequent performance; - for new goods, the limitation period for defects is one year from delivery of the goods; - for used goods, rights and claims due to defects are excluded; - the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects. 7.2 The limitations of liability and shortening of deadlines stipulated above do not apply - to the customer's claims for damages and reimbursement of expenses, - in the event that the seller has fraudulently concealed the defect, Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de - to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness, - to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements. 7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected. 7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved. 7.5 If the customer is a consumer, they are asked to complain to the deliverer about any goods with obvious transport damage and to notify the seller of this. If the customer fails to do so, this will have no effect on their statutory or contractual claims for defects. 8) Liability The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows: 8.1 The seller is liable without limitation for any legal reason - in the event of intent or gross negligence, - in the event of intentional or negligent injury to life, limb 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 foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations which the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible 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. Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de 9) Special conditions for the processing of goods according to specific customer specifications 9.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for possessing the right to use the content provided to the seller. The customer shall ensure, in particular, that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights. 9.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This shall not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obligated to provide the seller promptly, truthfully, and completely with all information necessary to examine the claims and to defend itself. 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 violates common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence. 10) Redemption of Promotional Vouchers 10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period. 10.2 Promotional vouchers can only be redeemed by consumers. 10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher. 10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 10.5 Only one promotional voucher can be redeemed per order. 10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de 10.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 10.8 The balance of a promotional voucher will not be paid out in cash and will not accrue interest. 10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal. 10.10 The promotional voucher is transferable. The seller can make a payment to the respective holder, who redeems the promotional voucher in the seller's online shop, with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent. 11) Applicable Law The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. 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 the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. 12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Copyright © 2024, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 Munich www.it-recht-kanzlei.de Powered by TCPDF (www.tcpdf.org)