General terms and conditions
1. Scope
(1) These General Terms and Conditions (hereinafter: "GTC") apply to all contracts concluded for goods presented in our online store between us,
ABC Design GmbH
Dr. Rudolf-Eberle Str. 29
79774 Albbruck / Germany
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these GTC, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion. In this respect, supplementary or deviating agreements require our written confirmation.
2. Order, purchase of the goods
(1) The presentation and advertising of items in our online store do not constitute a binding offer to conclude a purchase contract, but an invitation to you to order the products described.
(2) We will immediately confirm receipt of your order in writing, in text form. Such confirmation does not constitute a binding acceptance of the order, unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(3) A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items. The earlier of the two options shall be deemed acceptance.
4) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
3. Delivery conditions
(1) We are entitled to make partial deliveries as far as this is reasonable for you. If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(2) The shipping risk shall be borne by the supplier if the customer is a consumer, unless the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the entrepreneur has not previously named this person or institution to the buyer.
(3) If the customer is not a consumer, he bears the shipping risk.
(4) The delivery times stated in the online store may vary depending on the product and availability. If the delivery is delayed due to unforeseeable obstacles - such as force majeure, industrial action by third parties, traffic disruptions or disruptions at the upstream supplier – any delivery dates and deadlines shall be extended appropriately.
4. Prices and shipping costs
(1) All prices are gross prices including the statutory value added tax and do not include shipping costs.
(2) We assume no liability for printing or transmission errors in the price labeling.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
5. Payment terms
(1) The customer can make the payment via the payment service "mollie". The payment is processed via mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands. The individual payment methods offered via mollie are communicated in our online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "mollie" is available at https://www.mollie.com/de/. The customer may change the payment method stored in his user account at any time.
(2) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay us for the year default interest in the amount of 5 percentage points above the base interest rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by us.
6. Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
7. Withdrawal policy
(1) When ordering goods by way of a distance contract, consumers generally have a statutory right of withdrawal, which we inform about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a sample withdrawal form.
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Withdrawal Policy: Right of withdrawal You have the right to withdraw this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or has. In order to exercise your right of withdrawal, you must inform us (i.e. ABC Design GmbH, Dr. Rudolf-Eberle Str. 29, 79774 Albbruck/Germany, Fax: +49 7753 9393-40, e-mail: info@moji-family.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the withdrawal If you withdraw this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to make a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods. |
(2) The right of withdrawal does not apply in particular to distance contracts
- for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded;
- • sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) We inform about the sample withdrawal form according to the legal regulation as follows:
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Withdrawal form: (If you want to withdraw the contract, please fill out this form and send it back.)
To:
I / we (*) hereby withdraw the contract concluded by me / us (*) for the purchase of the following goods (*)/ the provision of the following service (*): ______________________________________________________________ Ordered on (*) / received on (*): ______________________________________________________________ Name of the consumer(s): ______________________________________________________________ Address of the consumer(s): ______________________________________________________________ Signature of the consumer(s) (only in case of notification on paper): ______________________________________________________________ Date: ______________________________________________________________ (*) Delete where inapplicable |
8. Warranty and liability
(1) The statutory warranty provisions (Sec. 433 et seq. Of the German Civil Code) shall apply. An additional warranty exists for the goods delivered by us only if this was expressly given in the order confirmation for the respective item.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(3) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(4) The restrictions of paragraph (1) and paragraph (2) shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
(5) The limitations of liability resulting from paragraph (1) and paragraph (2) shall not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall apply insofar as we and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
9. Copyrights
We have copyrights to all images, films and texts that we will publish. Any use of the images, movies and texts, is not allowed without our express consent.
10. Data privacy
The use of the order function requires the processing of personal data as requested in our forms. The collection of personal data is a prerequisite for the use of the order function and implementation of the contractual relationship between the customer and us. The protection of privacy is an important concern for us. Personal data that the customer provides to us in the context of the order, we process only for the purpose of fulfilling and processing your order. After complete processing of the order, the data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law, unless the customer has expressly consented to further use of your data. If goods are delivered, the relevant data will be passed on insofar as this is required for delivery. Payment and invoice data may be transferred to an appropriate payment service provider. Further information on data processing, in particular on the rights of data subjects, is available in the Privacy Policy.
11. Online dispute resolution
(1) The EU Commission has created an Internet platform for the online settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes arising from online service contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.
(2) We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board according to the "Act on Alternative Dispute Resolution in Consumer Matters (Gesetz über die alternative Streitbeilegung in Verbrauchersachen)".
12. Final provisions
(1) These GTC or any disputes arising from or in connection with them shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(2) The invalidity of individual provisions of the contract incorporating these GTC shall not affect the validity of the remaining provisions and the existence of the contract. The ineffective provision shall be replaced - insofar as these are not general terms and conditions - by a provision that comes closest to the ineffective provision in terms of its economic content. The same shall apply in the event of a loophole.
Last updated: March 2023