General terms and conditions with customer information

Table of contents 

1. Scope 

2. Conclusion of contract 

3. Right of cancellation 

4. Prices and payment conditions 

5. Delivery and shipping conditions 

6. Retention of title 

7. Liability for defects (warranty) 

8. Applicable law 

9. Alternative dispute resolution

1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Marlon Müller (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the Seller completes goods displayed in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed. 1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course 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 shop of the seller are not 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 via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive, or - by he delivers the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or - by asking the customer for payment after placing his order. If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent. 2.4 When choosing a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal in the online ordering process, the seller declares to accept the customer's offer at the time the customer clicks the button that completes the ordering process.

 

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer using his password-protected user account and specifying the corresponding login data. 

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he completes the ordering process and clicks the final button.

2.7 The German and English languages ​​are available for the conclusion of the contract. 2.8 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered. 3) Right of withdrawal 3.1 Consumers are fundamentally entitled to a right of withdrawal. 3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and payment terms 

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.

4.2 The payment option (s) will be communicated to the customer in the seller's online shop. 

4.3 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.

5) Delivery and shipping conditions 

5.1 The delivery of goods takes place on the shipping route to the delivery address given by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive when processing the transaction. 

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.3 In the case of collection by the customer, the seller first informs the customer by email

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that the goods he ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consulting the seller. In this case, no shipping costs will be charged.

6) Retention of title If the seller makes advance payment, he retains 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 apply. 7.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.

8) Applicable law The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

9) Alternative dispute resolution 

9.1 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 out-of-court settlement of disputes from online purchases - or service contracts in which a consumer is involved. 

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

BEGONIA