terms and conditions with customer informations
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Cancellation of promotional vouchers
- Applicable law
- Code of Conduct
- Alternative dispute resolution
1. 1 These General Terms and Conditions (hereinafter "AGB") of Milah UG (haftungsbeschränkt) (hereinafter "Verkäufer"), apply to all contracts ü for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. Hereby, the inclusion of the customer's own terms and conditions is objected to, unless otherwise agreed.
1.2 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership, which acts in the conclusion of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online store of the seller do not represent 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 üvia the online order form integrated into the online store of the seller. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller may 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 e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fünfte day, which follows the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment processing ütakes place via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects „Amazon Payments“ as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already now declares the acceptance of the offer of the customer at the time when the customer clicks the button to complete the order process the payment process.
2.6 When submitting an offer üvia the online order form of the seller, the contract text is stored after the conclusion of the contract by the seller and the customer after sending his order in writing (eg e-mail, fax or letter) übermittelt. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.
2.7 Before binding submission of the order üvia the online order form of the seller, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries in the context of the electronic ordering process über the üblichen keyboard and mouse functions until he clicks the button completing the ordering process.
2.8 For the conclusion of the contract, the German and english language is available.
2.9 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails 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 are entitled in principle to a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include the statutory VAT. If applicable, additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment method(s) will be communicated to the customer in the online store of the seller.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method „PayPal Credit“ (payment in installments via PayPal) is selected, the Seller assigns his payment claim to PayPal. Prior to acceptance of the Seller's declaration of assignment, PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method „PayPal Credit“ in the event of a negative test result. If the payment method „PayPal Credit“ is permitted by PayPal, the customer must pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the seller's online store. In this case, he can only pay PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.
4.5 If the payment method „PayPal Direct Debit“ is selected, PayPal shall collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective bank as a result of the reversal if he is responsible for this.
4.6 If the payment method direct debit via Stripe is selected, the payment will be processed üvia the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). In this case, Stripe will collect the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for prior information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective bank as a result of the reversal if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA Direct Debit payment method and to reject this payment method in the event of a negative credit check.
4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of negative creditworthiness.
5) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is maßgeblich.
5.2 If the 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 shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the seller's cancellation policy shall apply to the costs of return
5.3 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific hedging transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance performance, he shall retain title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8. 1 If, according to the contents of the contract, the Seller owes, in addition to the delivery of the goods, also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all the contents required for the processing, such as texts, drawings, drawings, etc., as well as with the processing of the goods according to certain specifications of the Customer; The Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The Customer shall be solely responsible for procuring and acquiring the rights to such content. The customer declares and accepts responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights. 8.2 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claim and a defense.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth endangering and/or violence glorifying content.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
9.2 Promotion Vouchers can only be redeemed in the Seller's online store and only during the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor earn interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.10 The promotional voucher is ütransferable. The Seller may make payments with discharging effect to the respective holder, who loads the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, business incapacity or lack of representative authority of the respective holder.
10) Applicable law
For all legal relations between the parties, the law of the Federal Republic of Germany shall apply, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply 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 habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special public-law entity with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.
12) Code of conduct
- The seller has submitted to the conditions of participation für the eCommerce initiative „Fairness in trade“, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
13) Alternative Dispute Resolution
13.1 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.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.