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Conditions of Use

General Terms and Conditions including Customers´Information

 

Scope of validity

Contracting parties

Offer and conclusion of contract

Instructions for the withdrawal of an order on the part of the customer

Delivery

Reservation of title

Prices and costs of delivery

Payment

Warranty

Contract language

Storage of the text of the contract

Reservation of the right to withdraw from the contract

 

The following terms and conditions contain also the legally required information concerning your rights in accordance with the provisions regarding contracts for distance selling and contracts via electronic business transactions.

Please note:

For all links provided on this online site we declare expressively that we have had no influence whatsoever on the arrangement and the content of the pages on the links. We also distance ourselves from the content of all pages of the links present in the internet. We do by no means claim these contents to represent our stance.

1.Scope of validity

(1) The following general terms and conditions (AGB) will apply to all supplies made by Mariya Muschard when selling to entrepreneurs or consumers via this internet shop.

(2) Entrepreneur in the intendment of Article 14 of the Civil Code (BGB) is a natural person or legal entity or a partnership with a legal personality entering into a transaction while carrying on their trade or business or are self-employed in their professional work.

(3) Consumer in the intendment of Article 13 of the Civil Code (BGB) is any natural person entering into a transaction for purposes which to an overwhelming part are not within the scope of their professional work in trade or business or as self-employed person.

2. Contracting parties

The contracts are made with

Mariya Muschard,

Fuhrberger Str. 155,

D 29225 Celle

Phone (00) 49 5141 977 27 07

e-mail: info@mamu-shop.de

Sales tax identification number: DE 257 802 093

 

3. Offer and conclusion of contract

(1) All offers made in this shop are a non-binding request for ordering merchandise in the online-shop on the part of the customer. By ordering the desired merchandise the buyer makes a binding offer with the purpose of entering into a sales contract. The contract is concluded by the acceptance of the customer´s offer on the part of the seller who has to make an acknowledgement of the order in writing within 48 hours. Otherwise the offer is regarded as rejected.

(2) After having found the desired product the customer may put this without any commitment into the shopping basket by clicking the button [in Cart]. You may check the contents of the basket at any time and without any commitment by clicking the link [Shopping cart].

You may remove all products at any time from the basket by clicking the button [Delete] and pressing the button [Update]. If you want to buy the products in the shopping basket click the button [Checkout]. The next step is either the registration or the opening of a customer´s account. For a first registration, please enter your personal data. All compulsory data are marked by a red asterisk [*]. By clicking the button [Continue] you will be led to the page for ordering where you may choose the way of delivery and payment. When the process of ordering is finished you will receive a summary of your order. You may correct all data by clicking the link [Edit].

The process of ordering is concluded by clicking the button [Buy Now!]. Up to this point the process may be interrupted at any time by closing the browser window.

 

4. Instructions for the withdrawal of an order on the part of the customer

Consumers are entitled to withdraw from the order. A consumer is any natural person  entering into a transaction for purposes which to an overwhelming part are not within the scope of their professional work in trade or business or as self-employed person.

 

Right of revocation

You are entitled to withdraw from this contract within a period of fourteen days without having to state any reasons for the withdrawal.

The period of time for revocation of sales contracts is fourteen days beginning with the day when you or a third party entitled by you and who is not the delivering person are in the possession of the last item ordered.

In case of service agreements the period of time for revocation is fourteen days beginning with the day of the conclusion of the contract.

In order to make use of your right of revocation you have to inform us (Mariya Muschard, Fuhrberger Str. 155, D 29225 Celle, phone (00)49 5141 977 27 07, telefax (00)49 5141 977 27 08, e-mail: info@mamu-shop.de) by means of an unequivocal declaration (e. g. a letter mailed by post, telefax or e-mail) of your decision to revoke this contract. You may or may not use the attached form for revocations.

In order to observe the period of time for revocation it is sufficient when you mail the information regarding your exercising your right of revocation prior to the end of the period of time for revocation.

Consequences of revocation

If you cancel this contract we have to repay to you immediately and within fourteen days at the latest beginning with the day we have received your information concerning the withdrawal from this contract all payments we have received from you including the costs of delivery (except for additional costs incurred by your having asked for another way of delivery than the low-cost standard delivery offered by us). Repayment is made by the same way of payment you have chosen for the original transaction unless otherwise expressly agreed with you. In no case we shall charge you with fees for repayment. We are entitled to refuse repayment until we have received the merchandise returned by you or until you are able to prove that you have sent the merchandise back to us, depending on which of these two alternatives is the earlier one.

You have to return the merchandise back to us or hand it over to us immediately and in any case within fourteen days at the latest after the day you have informed us about the revocation of this contract. This time limit is considered as observed if you dispatch the merchandise prior to the expiry of the fourteen-days-period. We shall bear the costs for the return of the merchandise.

You have to pay for a possible loss in value of the merchandise only in that case in which this loss in value is due to the fact that you checked the quality, characteristics and functions of the merchandise in a way that was not necessary.

If you have demanded that the rendering of services commences already during the period of revocation you have to pay us an adequate amount for the services already rendered prior to your notice informing us about your exercising the right of revocation. The amount you have to repay corresponds to that scope of services already rendered compared to the entire scope of services according to the service agreement.

 -       End of the instructions for the withdrawal of an order on the part of the customer –

Exception: The right of revocation is not applicable to contracts for the delivery of merchandise which is not prefabricated or the production of which decisively depends on an individual choice or instructions on the part of the customer or of merchandise which is unequivocally made for the consumer´s individual requirements.

 

5.Time of delivery

(1) Delivery is made within Germany, to Austria, Norway, Belgium, the Netherlands, Luxembourg, Denmark, Finland, France, Great Britain, Sweden, Switzerland, Italy, Spain, Portugal, Liechtenstein.

(2) The merchandise will be dispatched either within one working day after your placing the order with us or – in case of any modes of prepayment – within two working days upon your having made the payment. Sundays and [public] holidays are no working days. Except for unforeseeable problems on the part of the forwarding agency (for which we are not responsible) the merchandise will arrive within two or three working days after you have placed your order or – in case of the mode of payment - within three or four working days after you have made the prepayment. If in individual cases there are divergent times of delivery this is indicated on the respective pages (sites) with the description of the product. We kindly ask you to inform us if – due to unforeseeable delays on the part of the forwarding agency working for us - you do not receive the merchandise within the period of time indicated by us so that we can start respective inquiries. All periods of delivery are made for the dispatch within Germany. The forwarding of merchandise into foreign countries – if offered by us – may take additional ten working days.

 

6. Reservation of title

a. with regard to consumers: The merchandise bought by you will remain in our ownership until payment in full is made.

b. with regard to entrepreneurs: The merchandise bought by you will remain in our ownership until the payment of all receivables resulting from the business relation are made in full.

 

7. Prices and costs of delivery

All prices mentioned on the pages with the description of the product include the legal value-added tax and other charges related to the price und will be separately indicated in our invoice.

(1) All forwarding charges are given in our information on costs for delivery and dispatch.

(2) Delivery is made at our risk in accordance with the legal regulations regarding for the sales of consumer goods. If the buyer is entrepreneur he will bear the risk of transportation as soon as the merchandise is handed over to the forwarding agency.

(3) If the buyer is responsible for the non-delivery of the merchandise he has to bear all additional costs incurred. Merchandise consigned is considered as non-deliverable if no person entitled to accept the merchandise is available and if the period of time for picking up the merchandise has expired, if the consignee or the authorized receiving agent have refused the acceptance of the merchandise or if the consignee cannot be found at the address given by him. The following instances are also considered as refusal to take delivery: prevention of delivery via an available receiving facility (such as closing the box for mails and parcels or prohibition to use the mail box or parcel box), the refusal to pay the amount for cash on delivery (c.o.d.) or the collection fee (applicable if cash on delivery is offered and chosen by the customer) or the refusal to hand over the acknowledgement of receipt.

8. Payment

Payment is made either by paypal or prepayment. You will be informed about all data necessary for the payment. Delivery is made upon receipt of payment.

9. Warranty

(1) When selling to consumers, the legal period of warranty of two years will be applicable.

(2) When selling to entrepreneurs, the following regulation will be applicable:  The period of warranty will be one year, commencing with the date of the handing over of the item. The rights of the entrepreneur according to articles 478, 479 will remain unaffected. The reduction of the period of warranty to one year does not apply if the liability for damages is due to an injury to body or health for which the seller is responsible or due to gross negligence on the part of the seller or persons employed by him. Notwithstanding the seller is liable in accordance with the product liability law.

10. Contract language

The contract language is German.

11. Storage of the text of the contract

We do not store the text of the contract. You may store it by printing out the offer via the printing function of your browser. It is up to you to instigate the storage of the text of the contract (e. g. by screenshot of the respective offer or by conversion of the text of the contract to a pdf-format).

12. Reservation of self-supply

In case of delivery problems with a transaction for which you have already paid and for which we are not responsible we reserve the right to withdraw from the contract. We shall immediately inform you correspondingly in writing and if necessary we shall suggest the delivery of a comparable product. If no comparable product is available or if you don’t wish the delivery of a comparable product we shall immediately return all payments provided by you so far.

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* Gilt für Lieferungen nach Deutschland. Lieferzeiten für andere Länder und Informationen zur Berechnung des Liefertermins siehe hier .