AGB

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you enter into with us as the supplier (Markus Lang) via the website www.serviettenshop.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions stated in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the button "order with obligation to pay" you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, Retention of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we 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.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 4 Warranty

(1) The statutory warranty rights shall apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)  Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, not, however, other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide warranty at our discretion by rectification of the defect or subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c)  The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

• for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
• in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 5 Choice of Law

(1)  German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

(2)  The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.


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II. customer information

1. Identity of the seller

Markus Lang
An der Festwiese 1
09468 Tannenberg
Germany
Phone: 03733/6733367
E-mail: malagroversand@googlemail.com


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.)

3. Contract language, contract text storage

3.1. the contract language is german.

3.2. the complete contract text is not stored by us. Before sending the order via the online shopping cart system  , the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail. 3.

3. 3. in the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically

4. Essential characteristics of the goods or service

The essential features of the goods and/or services can be found in the respective offer

5. Prices and payment terms

5.1. the prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 2.

5.2. the resulting forwarding expenses are not contained in the purchase price. they are callable over an accordingly designated button on our Internet operational readiness level or in the respective offer, are separately proven in the course of the order procedure and are to be carried by you additionally, as far as the forwarding expenses-free supply is not assured.

5.if the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. Costs incurred for money transfer are also to be borne by you in cases in which the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.the payment methods available to you areshown under a correspondingly designated button on our website or in the respective offer. 5.

5. 5. unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately

6. Terms of delivery

6.1. the terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the relevant offer.

6.2. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment shall be at your risk

7. Legal liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.

last update: 07.12.2017