General Terms And Conditions
Terms and Conditions of mafilou
I. Basic provisions (as of 25.01.2018)
The contract is concluded with the company mafilou, Wasenäckerstr.3, D-78628 Rottweil called seller below. The following terms and conditions apply to all concluded contracts between the seller and the respective buyer and are explicitly recognized in the context of the order. Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for a purpose which can not be attributed to their commercial or self-employed occupational activity.
II. Conclusion of the contract
The goods offered by the seller on the Internet do not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer of the buyer).
The goods intended for sale are stored in the "shopping cart". You can open the "Shopping cart" via the "Shopping cart" button in the navigation bar and make changes there at any time. After pressing the »Checkout« button and the subsequent entry of personal data, all order data will be displayed again on the following page.
Before submitting the order, you have the opportunity to recheck all information (eg name, address, shipping, payment method and ordered items) and, if necessary, to change it via the "Edit" buttons or to cancel the order process.
By clicking on the button »order now» you make a binding offer to the seller. You will first receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract (order confirmation). The acceptance of your offer (and thus the conclusion of the contract) takes place by sending a separate e-mail, in which the processing of the order or delivery of the goods is confirmed (order confirmation).
The text of the contract (order data, terms and conditions and cancellation policy including cancellation form) is stored by the seller. However, the storage is temporary, so please make sure for a printout or a separate storage.
If you do not receive an order confirmation within 7 working days, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
The transmission of the bill takes place by mail. The customer agrees to an invoice sent by electronic means with submission of the order.
III. Prices, delivery and shipping costs
The prices quoted in the respective offers represent the final prices. They include all price components including the respective statutory VAT. The resulting delivery and shipping costs are not included in the purchase price, they can be accessed via the "Shipping and Returns" page, will be shown separately during the ordering process and must be borne by you in addition.
In the case of cross-border delivery, further taxes may be payable in individual cases (for example in the case of
purchase within the EU) and / or duties (such as customs duties) must be paid by you. These taxes and levies are not payable to the seller, but in each case to the relevant customs or tax authorities.
IV. Terms of payment
You have the following payment options:
• Prepayment by bank transfer
• Payment by PayPal
For more information on the terms of payment, see »Payment Methods« The seller reserves the right to exclude certain payment methods in individual cases. Invoices submitted by the seller are due for payment within 8 days.
V. Delivery and shipping conditions
The delivery takes place within Germany and in the countries mentioned under the page "Shipping and Returns".
The goods will be shipped to the specified delivery address after receipt of the full purchase price and shipping costs.
The dispatch takes place within two to five working days after receipt of payment, as long as no other delivery time is indicated in the item description.
If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate cover transaction for reasons for which the seller is not responsible, you will be informed immediately of the unavailability and any payments already made will be reimbursed immediately.
Consumers are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify complaints to the seller and the transport company (DHL or Deutsche Post) as soon as possible.
Note: The above modalities are not a prerequisite for the effective exercise of the right of withdrawal. Your warranty claims and your right of withdrawal remain unaffected.
As far as you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during the shipment until you transfer the goods to you, regardless of whether the shipment is insured or uninsured.
If you are not a consumer, the delivery and dispatch takes place with transfer to the transport company at your own risk.
1. There are statutory warranty rights for goods.
2. For used goods, the warranty period is one year from the delivery of the goods.
3. The one-year warranty period does not apply to culpably attributable damages attributable to the seller resulting from injury to life, limb or health and gross negligence or intentional damage or malice of the seller.
4. As far as the buyer is an entrepreneur, deviating from point. 1:
1. The quality of the goods is only the seller's own information and the product description of the manufacturer as agreed, but not other advertising, public promises and statements of the manufacturer.
2. The buyer is obliged to inspect the goods immediately and with due diligence on quality and quantity deviations and immediately notify the seller in writing of any obvious defects. In order to comply with the deadline, the timely dispatch of the notification of the defects is sufficient. This also applies to later discovered hidden defects from discovery.
In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
3. In the event of defects, the seller shall, at his discretion, warrant repair or replacement.
4. The warranty period is one year from the delivery of the goods. Paragraph 3 applies accordingly.
The buyer is requested, as far as possible, not to return the goods unfreely but as an insured package to the provider. Gladly refunded the provider in advance, the postage costs, as far as he has to bear the return costs. It is also asked to avoid damage and contamination of the goods. If possible, the goods should be returned to the supplier in their original packaging with all accessories and all packaging components. Insofar as the buyer no longer owns the original packaging, he should ensure suitable packaging to avoid transport damage.
Note: The above conditions are not a prerequisite for the effective exercise of your warranty claims. Your warranty claims and your right of withdrawal remain unaffected.
VII. Retention of title
1. The delivered goods (reserved goods) remain the property of the seller until full payment of the purchase price.
2. If the buyer is an entrepreneur, the following applies in addition:
1. The seller reserves ownership of the reserved goods until full settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
2. The buyer can resell the goods in the ordinary course of business, as long as he is not in default of payment.
The purchaser hereby assigns all claims to the seller in the amount of the (respectively) invoice amount still outstanding at the time of origin, which accrue to him from the resale. The seller accepts this assignment.
The buyer is authorized to collect this claim (s) on his behalf in his own name for the seller. As far as he his
However, the seller reserves the right to collect the claim himself.
3. In the case of combination and mixing of the reserved goods, the seller acquires co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
3. The seller undertakes to release the securities to which he is entitled on request to the extent that the realizable value of the seller's securities exceeds the claim to be secured by more than 20%. The choice of securities to be released is incumbent upon the seller.
VIII. Limitation of Liability
1. The seller is liable without limitation for damages resulting from injury to life, body or health, guarantees for the quality of the object of purchase, fraudulent concealment of defects and claims under the Product Liability Act.
2. Without prejudice to clause VIII. 1. the liability of the seller for slightly negligent breaches of duty is excluded, provided that no material contractual obligations (the fulfillment of which enables the proper execution of the contract and / or their breach endangers the achievement of the purpose of the contract and on whose fulfillment the customer regularly trust (so-called cardinal obligations)) are affected. This also applies to corresponding breaches of duty by the vicarious agents of the seller.
3. The liability of the seller for slightly negligent breaches of duty of cardinal obligations is limited to the contract-typical damage foreseeable at the conclusion of the contract.
IX. final provisions
1. The buyer is only entitled to offset if his counterclaims have been legally established or are undisputed or acknowledged by the seller. In addition, the customer has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
2. This contract is subject exclusively to German law. The applicability of mandatory norms of the state in which the buyer, the consumer, has his habitual residence upon conclusion of the contract remains unaffected by this choice of law. The contract language is German.
3. In business transactions in which consumers are not involved, Borken is the exclusive place of jurisdiction, whereby we reserve the right to sue at the buyer's place of business.
4. If the consumer is not resident in the European Union, then Rottweil is the exclusive place of jurisdiction.
5. Should one or more provisions of these terms and conditions be or become ineffective, this will not result in the ineffectiveness of the entire contract. The ineffective regulation will be replaced by the relevant statutory regulation.
mafilou, Wasenäckerstr.3, D-78628 Rottweil, Phone: 0741/94295371 Website: www.mafilou.de, E-Mail: firstname.lastname@example.org. Represented by the owner Heike Beck
Online dispute resolution platform The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes related to their online ordering, initially out of court. The Dispute Settlement Platform can be found here: EU Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/