1. These terms and conditions of Monty Mode GmbH (hereinafter "Seller") apply to all contracts entered into by a contractor (hereinafter "Customer") with the seller in terms of the seller in its online store goods and / or services listed. This is the involvement of its own conditions of the customer are objected to, unless it is otherwise agreed.
2. These terms and conditions also apply exclusively if the seller contrary or makes the delivery of these without specific reservation with knowledge of deviating terms of the customer.
1. The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but intended to submit a binding offer by the customer.
2. The customer may submit the offer via the integrated online shop of the seller online order form. When ordering via the online order form, the customer after A-disclosure of his personal data and by clicking the button "order" in the final step of the ordering process is a legally binding contract offer in relation to the goods contained in the basket.
3. The seller can accept the customer's offer by a written (letter) or electronically transmitted (fax or email) confirmation or by delivering the goods. The seller is entitled to refuse to accept the order.
4. The order processing and contact can be usually by e-mail and automated order processing. The customer must ensure that his or her designated for order processing e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the customer must ensure in the use of spam filters that can all be delivered by the seller or by this body responsible for order processing Third messages sent.
5. Where the parties have negotiated special terms, these are generally not for the same current and future contractual relationships with the customer.
6. In economic inability of customers to fulfill his obligations to the seller, the seller may terminate existing exchange contracts with the customer without notice resigns. This also applies to an application for insolvency of the customer. § 321 BGB and § 112 InsO remain unaffected. The customer is at an early stage to inform the seller in writing of an impending insolvency.
III Prices and Payment
1. The prices quoted by the Seller are net prices and do not include the legal German VAT. Packaging and shipping costs, shipping, insurance (in particular transport insurance), duties and charges will be charged separately.
2. For deliveries within Germany the Seller offers the following payment options, provided that the relevant product description in the offer otherwise provides:
- Prepayment by bank transfer
- Cash on pickup
3. If for each item also offered abroad a delivery, the customer for deliveries abroad following payment options, provided that the relevant product description in the offer otherwise provides:
- Prepayment by bank transfer
4. For deliveries to countries outside the European Union may incur other costs in an individual case, which the seller is not responsible for and which are borne by the customer. These include costs for the transfer of funds through banks (for example, transfer fees, exchange fees) or legal import duties and taxes (for example, tariffs).
5. Is prepayment agreed, payment is due immediately after the conclusion.
6. In case of pickup, the seller informs the customer first by e-mail that the ordered goods are available for collection. Upon receipt of this e-mail, the customer can pick up the goods after consultation with the seller. In this case, no shipping costs will be charged.
7. A payment is considered received once the value has been credited to one of the accounts of the seller. In case of default, the seller is entitled to interest at the rate of 10 percentage points above the base rate. The other legal rights of the seller in case of default by the customer remain unaffected. Where loans are overdue, incoming payments shall first cover for any costs and interest, then the oldest debt.
8. Should unforeseeable cost increases occur (for example, currency fluctuations, unexpected price increases of suppliers, etc.) the seller is entitled to pass on the price increase to the customers. However, this applies only if the delivery is to be agreed later than four months after the conclusion of the contract.
IV Shipping Conditions
1. The delivery of goods occurs regularly on the shipping routes and to the delivery address specified by the customer. The customer must ensure that the delivery address is correct and up to date. During completion of the transaction specified in the order of the vendor delivery address is decisive. Deviating from this, at the time of payment at PayPal deposited by the customer delivery address is instrumental in selecting the PayPal payment.
2. Named Delivery times / delivery dates are not binding, unless the liability of the said period / the appointment is expressly confirmed by the Seller.
3. The seller is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries permitted the seller is entitled to issue partial invoices.
4. The seller reserves the right to withdraw in case of incorrect or improper delivery of the contract. This applies only in the event that the non-delivery is not attributable to the seller, and this has been completed with due diligence a concrete hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods the customer is immediately informed and reimbursed the consideration immediately.
5. The risk of accidental loss and accidental deterioration of the goods is transferred to an appropriate transport person with the delivery of the goods. This is true even if the seller bears the costs of transport. Transport insurance shall only on special request and on behalf of customers. Owes the seller the installation and assembly, the risk of cessation of installation and assembly work and the handover to the Customer.
6. If delivery for reasons for which the customer is responsible, is not possible, for example, because the goods do not fit through the front door, front door or the staircase of the customer, or because the customer is not present at the delivery address indicated by him or refuses to accept, although the delivery time is given to the customer with a reasonable period, the customer bears the costs of the unsuccessful delivery and is obliged to pay a lump sum compensation. Be charged for each full week of delay 1%, but will not exceed 8% of the value of the total delivery or not accepted part of the delivery. It remains the parties can prove higher or lower damages.
7. In the event that the shipment of the goods, delayed on the customer for reasons that he is responsible, the risk takes place already with readiness for shipment to the customer. Possible costs for storage costs shall be borne by the transfer of risk to the customer.
V Force Majeure
In the case of force majeure, which affect the performance of the contract, the seller is entitled to postpone the delivery for the duration of the hindrance and for longer-term delays totally or partially withdraw without incurring any claims against the seller can be derived. Force majeure means any apply to the seller of unforeseen events or those which even if foreseeable - are outside the control of the vendor and their Affect the performance of the contract by reasonable efforts of the seller can not be prevented. Any legal claims of the customer remain unaffected.
VI delayed performance
1. With a delay of performance the customer in accordance with statutory provisions a right of withdrawal, if the delay is only the fault of the seller.
2. In case of default of the seller, the customer is at the request of the seller obliged to declare within a reasonable period of time whether it, due to the delayed delivery of the contract or insists on performance.
Retention of Title VII
The seller reserves until full payment of the purchase price owed the title to the goods supplied. Furthermore, the seller retains title to the goods supplied until all its claims arising from the business relationship with the customer.
All text and image rights reserved by the manufacturer or the seller and may be used only under the following provisos: Upon conclusion, the customer is entitled to use the text / image material used to advertise the goods purchased. This does not apply if the customer concludes the contract with us until subsequent to a use. The use of images is allowed only for commercial purposes. The seller assumes no liability for any legal and claims for damages to the buyer, which result from the adoption and use of text / name. If this is to picture and text material from the manufacturer, the customer has to accept the manufacturer's terms of service. It should be noted that the seller on the design and the content of these Terms does not affect. If it is image and text material from the seller has to accept the terms of the seller, the customer.
VIIII Applicable Law, Jurisdiction
The law of the Federal Republic of Germany 1. All legal relationships between the parties to the exclusion of the laws on the international sale of goods.
2. If the customer is a merchant, legal entity under public law or public special asset, jurisdiction for all disputes from this contract is the domicile of the seller. The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence at the time of action are not known.