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General terms and conditions and customer informationI. General Terms and Conditions§ 1 Basic Provisions(1) The following Terms and conditions apply to contracts that you conclude with us as a supplier (Serhat Coskun) via the website https://muffinandco.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted. (2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to either their commercial or their 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 their independent professional or commercial activity.§ 2 Conclusion of the contract (1) The subject of the contract is the sale of goods .(2) With the listing of the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified 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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview .If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or to forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.You have the option before sending the order to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order.By sending the order via the corresponding button ("payable order" or similar designation) you declare in a legally binding manner the acceptance of the offer, whereby the contract is concluded.(4) The processing of the order and transmission of all related information required for the conclusion of the contract is sent automatically by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the 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 can only exercise a right of retention , insofar as it concerns claims from the same contractual relationship.(2) The goods remain our property until the purchase price has been paid in full.(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all payments have been settled in full Claims from the ongoing business relationship before the transfer of title to the reserved goods, pledging or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.§ 4 Warranty(1) The statutory rights to liability for defects exist.(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and to check transport damage and to notify us and the forwarding agent of any complaints as quickly as possible. If you do not comply with this, this has no effect on your statutory warranty claims.(3) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by bringing the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.
c)- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;- if we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;- for statutory rights of recourse that you have against us in connection with warranty rights.§ 5 Choice of Law (1) German law applies. For consumers, this choice of law only applies insofar as it does not withdraw the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1.Identity of the seller
Goldammerstr 19 12351 Berlin
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 to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. 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 we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 another person appointed to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your own risk.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were prepared by the lawyers at the dealer association and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.
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