Terms of Service
General Terms and Conditions of Business
On the basis of these General Terms and Conditions (AGB), the customer and
Mondialbirdshop represented by Aysegül Demirci
Address: Büchener Weg 8 21481 Lauenburg
e-mail address: firstname.lastname@example.org
Commercial register: Lübeck ; Value added tax identification number: DE306455725 ,hereinafter referred to as the provider, the contract is concluded.
Object of the contract
This contract regulates the sale of new goods from the area/areas of pet supplies wholesale and retail, online trade via the online store of the supplier. For the details of the respective offer, please refer to the product description on the offer page.
Scope & Defense Clause
(1) For the legal relations established via this Internet store between the operator of the store (hereinafter referred to as "Provider") and his customers, the following General Terms and Conditions of Business in the respective version at the time of the order shall apply exclusively.
(2) Deviating general terms and conditions of the customer are rejected.
Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the store system. Thereby the represented offers represent a non-binding request for the delivery of an offer by the customer order, which the offerer can accept then. The ordering process for the conclusion of the contract includes the following steps in the store system:
- Selection of the offer in the desired specification (size, color, quantity)
- Add the offer to the shopping cart
- Press the 'order' button
- Enter billing and delivery address
- Selection of the payment method
- Review and processing of the order and all entries
- Press the button 'order with costs'.
- Confirmation mail that the order has been received.
With the sending of the order confirmation the contract is concluded.
Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
Payment of the purchase price is due upon conclusion of the contract.
Term of contract
The contract is concluded for an indefinite period.
Prices, shipping costs, return costs
All prices are final prices and include the statutory value added tax. In addition to the final prices, depending on the shipping method, further costs are incurred, which are displayed before the order is shipped. If a right of withdrawal exists and is used, the customer bears the costs of the return shipment.
Terms of payment
The customer has only the following payment options: advance bank transfer, direct debit, payment service provider (PayPal), credit card. Other payment methods are not offered and will be rejected. The invoice amount is to be transferred in advance to the account indicated on the invoice, which contains all information for the bank transfer and is sent by e-mail. The invoice amount shall be collected by the Provider by means of direct debit from the account indicated by the Customer on the basis of the Customer's direct debit authorization. If an escrow service/payment service provider is used, this enables the Provider and the customer to process the payment among themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the amount shown on the invoice to the account indicated on the invoice within 7 days of receipt of the invoice. The payment is due without deduction from the date of invoice. After expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally binding.
Terms of delivery
The goods will be shipped immediately after confirmed receipt of payment. On average, the goods will be shipped after 6 days at the latest. The entrepreneur commits himself to delivery on 6 days after receipt of order. The standard delivery time is 6 days, unless otherwise stated in the item description. The offerer dispatches the order either from his own warehouse as soon as the entire order is in stock there or the order is dispatched by the manufacturer as soon as the entire order is in stock there.
Drafting of the contract
The customer has no possibility to directly access the stored contract text himself.
(1) Claims for damages by the customer are excluded, unless otherwise provided for in the following. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, if the customer asserts claims against them.
(2) Excluded from the scope & defense clause of the specific exclusion of liability are claims for damages due to injury to life, body, health and claims for damages arising from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. Also excluded from the exclusion of liability is the liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents.
(3) Regulations of the product liability law (ProdHaftG) remain unaffected.
In connection with the initiation, conclusion, handling and reversal of a sales contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens within the scope of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless the provider is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing procedures, the provisions of the Federal Data Protection Act are observed. The data provided by the customer in the course of the order will be processed exclusively for the purpose of establishing contact within the framework of the processing of the contract and only for the purpose for which the customer has provided the data. The data will only be passed on to the mail-order company which will deliver the goods as ordered. The payment data will be passed on to the credit institute commissioned with the payment. If the provider is subject to retention periods of a commercial or fiscal nature, the storage of some data may take up to ten years. During the visit to the provider's internet store, anonymized data, which do not allow any conclusions to be drawn about personal data and which are not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Information about all personal data of the customer is possible free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Mondialbirdshop, Aysegül Demirci, Büchener Weg 119 21481 Lauenburg +4941535789161 email@example.com.
(1) The customer's warranty rights are based on the general statutory provisions, unless otherwise provided for below. For claims for damages of the customer opposite the offerer the regulation applies in § 6 of these AGB.
(2) The period of limitation for warranty claims of the customer amounts with consumers with again manufactured things 2 years, with used things 1 year. Opposite entrepreneurs the period of limitation amounts with again manufactured things and with used things 1 year. The above shortening of the limitation periods does not apply to claims for damages of the customer due to injury to life, body, health and for claims for damages due to a breach of fundamental contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure the ownership of the item. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. The right of recourse in accordance with § 478 BGB is likewise excluded from the shortening of the periods of limitation with respect to entrepreneurs.
(3) A guarantee is not declared by the provider.
Choice of law & place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationship between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN purchase right is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.