General Terms and Conditions of mafilou
I. Basic terms and conditions (as of 25.01.2018)
The contract is concluded with the company mafilou, Wasenäckerstr.3, D-78628 Rottweil.
hereinafter referred to as the seller. For further details, please refer to the imprint.
The following contractual conditions apply to all contracts concluded between the seller and the respective buyer and are expressly 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 that can be attributed neither to their commercial nor independent professional activity. II. Conclusion of the contract
The Seller's offers of goods on the Internet do not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (Buyer's offer to purchase).
The goods intended for purchase are stored in the "shopping cart". By clicking on the "Shopping Cart" button in the navigation bar, you can call up the "Shopping Cart" and make changes there at any time. After pressing the button "Checkout" and the subsequent entry of personal data, all order data will be displayed again on the following page.
Before sending the order, you have the opportunity to check all details (e.g. name, address, shipping, payment method and ordered items) again and, if necessary, to change them using the "Edit" buttons or cancel the order process.
By clicking the button "Order with obligation to pay" you submit a binding offer to the seller. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract (order confirmation). The acceptance of your offer (and thus the conclusion of the contract) is made by sending a separate e-mail in which the processing of the order or delivery of the goods is confirmed to you (order confirmation).
The contract text (order data, terms and conditions and cancellation policy including revocation form) is stored by the seller. However, the storage is limited, so please provide yourself 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. In this case, any services already provided will be refunded immediately.
The invoice will be sent by e-mail. The customer agrees to an electronically transmitted invoice with the submission of the order.
III Prices, delivery and shipping costs
The prices listed in the respective offers represent the final prices. They include all price components including the respective statutory value added tax. The delivery and shipping costs incurred are not included in the purchase price, they can be called up via the page "Delivery and shipping costs", are shown separately in the course of the ordering process and are to be borne by you additionally.
In the case of cross-border delivery, further taxes (e.g. in the case of a purchase within the EU) and/or duties (e.g. customs duties) may be payable by you in individual cases.
These taxes and duties are not to be paid to the seller, but to the respective customs or tax authorities responsible there.
IV. Terms of payment
You have the following payment options:
- Prepayment by bank transfer
- Payment via PayPal
For more information on payment terms, see "Payment methods".
The seller reserves the right to exclude certain payment methods in individual cases. Invoices issued by the seller are due for payment within 8 days.
V. Delivery and shipping conditions
Delivery is made within Germany and to the countries listed under the page "Delivery and shipping costs".
The goods will be shipped to the specified delivery address after receipt of the full purchase price and shipping costs by the seller.
The shipment will be made within two to five working days after receipt of payment, unless a different 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 covering transaction for reasons for which the seller is not responsible, you will be informed immediately about the unavailability and any payments already made will be refunded immediately.
Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the seller and the transport company (DHL or Deutsche Post) of any complaints 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.
If you are a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipment shall pass to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured.
If you are not a consumer, the delivery and shipment takes place with handover to the transport company at your risk.
1. the legal rights of liability for defects exist for goods. 2.
2. the warranty period for used goods is one year from delivery of the goods.
3. the one-year warranty period does not apply to culpable damage attributable to the seller arising from injury to life, limb or health.
health and grossly negligent or intentional damage or malice on the part of the seller. 4.
(4) Insofar as the Buyer is an entrepreneur, the following shall apply in deviation from Clause 1. 1:
1. only the seller's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer. 2. the buyer shall be obliged to take delivery of the goods.
2. the buyer is obligated to examine the commodity immediately and with the necessary care for quality and quantity deviations and to indicate obvious lack immediately in writing to the salesman, for the period keeping the punctual dispatch of the announcement of the lack suffices. This shall also apply to hidden defects discovered later from the time of discovery.
In the event of a breach of the obligation to inspect and notify defects, the assertion of warranty claims shall be excluded. 3.
In the event of defects, the Seller shall, at its discretion, provide warranty by rectifying the defect or supplying a replacement.
The warranty period is one year from delivery of the goods. Item 3 applies accordingly.
The buyer is asked, as far as possible, the goods not freight collect but as an insured package to return to the provider. The supplier will also gladly refund the postage costs in advance, as far as he has to bear the return costs. It is also requested to avoid damage and contamination of the goods. If possible, the goods should be returned to the provider in the original packaging with all accessories and with all packaging components. If the buyer no longer has the original packaging, he should provide suitable packaging to avoid damage in transit.
Note: The above modalities 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 retains ownership of the goods subject to retention of title until full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permitted.
The buyer may resell the goods in the ordinary course of business as long as he is not in default of payment.
The Buyer hereby assigns to the Seller all claims in the amount of the (respective) invoice amount still outstanding at the time of accrual, which accrue to him from the resale. The seller accepts this assignment.
The Buyer shall be authorized to collect such claim(s) for its account in its own name on behalf of the Seller. However, insofar as he does not properly meet his payment obligations, the Seller reserves the right to collect the claim himself.
In the event of combination and mixing of the reserved goods, the Seller shall acquire co-ownership of the new item in the ratio 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 it is entitled at your request to the extent that the realizable value of the securities of the Seller exceeds the claim to be secured by more than 20%. The selection of the securities to be released shall be incumbent upon the Seller.
VIII. Limitation of Liability
(1) The Seller shall be 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 seller's liability for slightly negligent breaches of duty is excluded, unless essential contractual obligations (the fulfillment of which is necessary for the proper execution of the contract and/or the breach of which endangers the achievement of the purpose of the contract and on the fulfillment of which the customer may regularly rely (so-called cardinal obligations)) are affected. This shall also apply to corresponding breaches of duty by the Seller's vicarious agents. 3.
The liability of the Seller for slightly negligent breaches of cardinal obligations shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.
IX. Final Provisions
(1) The customer shall only have a right of set-off 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 shall be governed exclusively by German law. The applicability of mandatory standards of the state in which the buyer, who is a consumer, has his habitual residence at the time of conclusion of the contract, remains unaffected by this choice of law. The language of the contract shall be German.
(3) In business transactions in which consumers are not involved, Borken shall be the exclusive place of jurisdiction, whereby we reserve the right to bring an action at the Buyer's place of business.
4. if the consumer has no residence within the European Union, Rottweil is the exclusive place of jurisdiction.
(5) If one or more provisions of these General Terms and Conditions are or become invalid, this shall not result in the invalidity of the entire contract. The ineffective regulation will be replaced by the relevant legal 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 resolve disputes in connection with their online order first out of court. You can find the dispute resolution platform here: EU online dispute resolution platform http://ec.europa.eu/consumers/odr/