Terms of business
Martyna Mecel Online Shop
General terms and conditions
§ 1 Applicability
(1) Valid for all contracts are exclusively the terms and conditions specified herein, other provisions will not be deemed as a constituent part of the contract, even if this is not expressly objected to on out part.
(3) The contract language is German.
§ 2 Vendor / contract partner
(1) The seller of the products is the Company Mrs Martyna Mecel, Ebelshof 18, 41063 Moenchengladbach, Tel. 0 21 61 - 3 02 56 80, Fax: 0 21 61 - 3 02 57 39, E-Mail: firstname.lastname@example.org, represented by the Managing Director Mrs Martyna Mecel, ibid.
(2) Mrs Martyna Mecel can be reached under: Tel. 0 21 61 - 3 02 56 80, Fax: 0 21 61 - 3 02 57 39, E-Mail: email@example.com
§ 3 Product description, type of use, price
(1) Mrs Martyna Mecel offers its special products for sale. These thereby involve special-purpose laundry detergents. For a further detailed description please refer to the product description that can be viewed, for example, under www.intervall.de.
(2) For details on the art and manner of the correct intended use please refer to the instructions for use that are shipped with the product.
(3) The total price of the goods is the quoted price at the time of the conclusion of the contract (§ 4). This entails the VAT payable by Mrs Martyna Mecel. Charged in addition will be the respectively quoted delivery costs and if applicable the cash on delivery costs. All quoted prices, including the terms of payment and shipping, apply only within Germany and only at the time of the order. Pursuant to the update of the website of Mrs Martyna Mecel (currently: www.martyna-mecel.com), all hitherto prices and other information about the goods will be deemed as invalid. Decisive is the version as amended at the time of the placement of the order.
§ 4 Contract conclusion, contractual obligations
(1) After the buyer has been able to verify the correctness of his data in the confirmation window, he submits his bid by filling out the corresponding form thereto and clicking on the “Place Order” button. Pursuant to which, the buyer is bound to his offer.
(2) The purchase contract will be deemed as concluded as soon as the buyer receives the confirmation of the contract from Mrs Martyna Mecel.
§ 5 Art and manner of payment
(1) The purchase price is due at the time of the contract conclusion and has to be paid at the latest within one week without deduction. The resulting chargeback fees of banks and savings banks, due to incorrect account information, or chargeback postings which are not based on the fault of Mrs Martyna Mecel will be charged to the buyer.
(2) The buyer shall transfer the total price plus the shipping costs, stating the order number to the following account:
Mrs Martyna Mecel
IBAN: DE43 3105 0000 0004 7201 32
Mrs Martyna Mecel will regard the payment as settled upon receipt of the amount owed.
§ 6 Shipment
(1) Mrs Martyna Mecel ships the ordered goods to the shipping address specified by the buyer. The buyer has insofar to ensure the accuracy of the shipping address, whereby he will be liable for all additional expenses arising from the incorrectness thereof.
(2) Mrs Martyna Mecel will be weaved from a shipment obligation, in the event that a product is not available for shipment due to force majeure or cessation of production and Mrs Martyna Mecel cannot procure the ordered goods under reasonable terms, the circumstances only occurred after the contract conclusion, and Mrs Martyna Mecel cannot be held liable for the non-shipment. The buyer will in this case be immediately informed about this by Mrs Martyna Mecel. Consideration paid by the purchaser will be reimbursed immediately.
§ 7 Retention of title
As long as and insofar as all claims of Mrs Martyna Mecel arising from the purchase contract and its implementation requirements are met to the buyer, the goods remain the property of Mrs Martyna Mecel.
§ 8 Revocation
(1) The buyer is not granted a contractual right of withdrawal.
(2) He is entitled to the right of revocation pursuant to §§ 312 d, 355 German Civil Code (BGB), insofar as he concludes the contract as a consumer. An entrepreneur is not entitled to the right.
§ 9 Claims for defects
(1) Valid are the statutory claims for defects.
(2) In the event that the buyer is an entrepreneur, the risk shall in this case be transferred to the latter upon the handover of the goods to the carrier.
(3) The information and images on the website of Mrs Martyna Mecel do not constitute any assurances; they serve pure information purposes.
(4) Mrs Martyna Mecel has to be notified with regard to obvious defects or incorrect shipments within 14 days pursuant to the receipt of the goods. In the case of defects that are asserted by a buyer, who is not a consumer for the purposes of § 13 German Civil Code (BGB), Mrs Martyna Mecel to this end entitled to arrange for a rectification of the defects or replacement shipment. In the event that both are not possible, the buyer is entitled to demand a reduction of the purchase price or withdraw from the contract.
§ 10 Costs of the return shipment
In the case of the revocation of properly shipped goods the buyer will bear the normal costs of the return shipment.
§ 11 Duties and obligations of the buyer
The buyer is in any case responsible for the correct input of his data, which are necessary for the execution of the contract and / or the use of the services. Changes to this data is immediately accordingly modified by the buyer himself online, insofar as this is possible or notified in writing to Mrs Martyna Mecel.
§ 12 Data protection
It is not only known to the buyer but he also consents to the fact that his data, which is necessary for the order placement and order processing is stored on data media in compliance with the Federal Data Protection Act and the Tele-services Data Protection Act and is moreover also handled with confidentiality. The buyer consents to the fact that his data can be passed to third parties for the purpose of credit monitoring. The buyer may at any time request the deletion of his data. Mrs Martyna Mecel in this case commits to promptly delete the data, insofar as all order processes have been fully executed and the deletion is not impaired by any otherwise specified provision.
§ 13 Copyrights
§ 14 Exclusion of liability
The Mrs Martyna Mecel website refers to other websites on the Internet over links on its website. Mrs Martyna Mecel has no influence on the design and contents of the linked pages and expressly dissociates itself from all contents of linked pages from third parties, and does moreover also not adopt these contents as its own. This statement applies to all displayed links and for all contents of the website to which the links refer.
§ 15 Liability
(1) Mrs Martyna Mecel accepts no liability for the data entered by the buyer. Mrs Martyna Mecel accepts no liability for the faulty transmission of the e-mail address specified by the buyer on account of circumstances for which Mrs Martyna Mecel cannot be held accountable.
(2) Mrs Martyna Mecel ensures the possibility of the intended use of the product. It is up to the buyer to ascertain whether the product meets his requirements.
(3) The liability of Mrs Martyna Mecel is in particular excluded in the case of purposes other than those intended or in the event of the non-appropriate use of the products as well as in the case of the non-compliance with the prescribed art and manner of use or the non-observance of the specified exclusions of use.
(4) Damage compensation claims directed against Mrs Martyna Mecel are excluded irrespective of the legal reason, in particular due to delay or impossibility, breach of advisory and contractual duties such as pre-contractual obligations, positive breach of contract, violation of intellectual property rights of third parties and unlawful acts, insofar as Mrs Martyna Mecel has acted intentionally or with gross negligence or the damage compensation claims result from the violation of a warranted characteristic.
(5) Insofar as Mrs Martyna Mecel liable on the merits, the damage compensation claims will be limited to foreseeable damage. In any case, the compensation is excluded for consequential damages such as lost profits. This damage limitation does not apply if the damage-causing event was triggered by Mrs Martyna Mecel, intentionally or due to gross negligence.
(6) All damage compensation claims directed against Mrs Martyna Mecel are subject to a statute of limitations of six months pursuant to the transfer of risk. This does not apply to tort claims.
(7) These provisions are not applicable to claims based on the Product Liability Act.
§ 16 Other provisions
(1) The buyer may not transfer the rights and obligations arising from this contract to a third party without the prior written consent of Mrs Martyna Mecel.
(2) Valid for the contractual relationships of the parties, is the German law under the exclusion of the UN sales law.
§ 17 Severability clause, place of jurisdiction
(1) In the event that any provision in this contract including this clause is entirely or partially ineffective, or in the event that the contract entails a gap, the effectiveness of the remaining provisions or parts of such provisions shall remain unaffected wherefrom.
(2) In the event that the private final consumer does not reside within the European Union, Mönchengladbach shall be deemed as the place of jurisdiction. In the case of transactions with end consumers within the European Union, the law of the domicile of the consumer may also be applicable, whereby it is imperative that the latter relates to consumer law provisions. In the event that the buyer is an entrepreneur, merchant, legal entity under public law or public law special fund, the exclusive place of jurisdiction is Mönchengladbach with regard to all disputes directly or indirectly that arise from the contractual relationship. In the event that you have questions on individual provisions of these terms and conditions, please address them directly by e-mail to firstname.lastname@example.org. These will be answered as promptly as possible.
Mrs Martyna Mecel
Ebelshof 18, 41063 Moenchengladbach
Tel. 0 21 61 - 3 02 56 80
Fax: 0 21 61 - 3 02 57 39