Terms of Service
of the company Setzer und Setzer GbR, owner Lene Setzer & Marvin Setzer, Krantzstraße 7, Hall 47-2, 52070 Aachen, for the internet service "www.mit-ton.de"
(1) Contracts are only concluded in accordance with the following conditions in their latest version. The General Terms and Conditions valid at the time the contract is concluded are decisive for inclusion in the respective contract. Deviating terms and conditions of the buyer are not valid. Individual agreements remain unaffected by this.
(2) A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
(3) If the customer uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; Deviating terms and conditions of the customer are not part of the contract, unless their validity has not been expressly agreed to by Setzer mit Ton GbR.
2. Offer / conclusion of contract / technical realization / correction options
(1) The presentation of the products on the website www.mit-ton.de does not constitute a legally binding offer, but a non-binding online catalogue.
(2) If the customer clicks on “Add to shopping cart” after selecting an item, the item is placed in the shopping cart. If the customer clicks on "Show shopping cart", the contents of the shopping cart are displayed.
(3) Corrections to the contents of the shopping cart can already be made here by deleting items or the shopping can be continued by clicking on "Continue shopping".
After selecting the shipping method and payment method and clicking on "Checkout", the customer is taken to another page. Here the customer can choose whether he would like to place an order via his customer account (click on "Register for registered customers"), order and create a customer account (click on "Order and register as a customer") or order without registering (click on "Order without registration"). After logging into the existing customer account, creating a customer account by entering the name, address data, telephone number, e-mail address and password or simply entering the name, address, e-mail address for a simple order without registration the customer after clicking on "Continue" on the order completion page. All information can be checked again here.
(4) The entries can be changed in each order step by corresponding deletion or additions. You can go back to the individual pages of the ordering process simply by clicking on the respective step of the ordering process at the top of the page. It is also possible to return to the previous page by clicking on the previous page in the respective browser window. Closing the browser can interrupt the ordering process as a whole.
(5) By clicking on the "Buy" button on the order completion page, the customer submits a binding offer to conclude a purchase contract. The receipt of your order is confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has come about. If the payment method PayPal, direct debit or credit card is selected, after clicking on "Buy" the customer will be taken to the PayPal page for payment processing.
3. Withdrawal in the event of unavailability
Setzer und Setzer GbR is entitled to withdraw from the contract if the ordered goods are not available through no fault of Setzer und Setzer GbR. In this case, Setzer und Setzer GbR will inform the customer immediately about the non-availability and reimburse the customer immediately.
4. Prices, Deliveries and Passing of Risk
(1) All prices include all taxes and other price components, unless otherwise stated in the price or the catalogue.
(2) If the goods are sent to the customer, delivery and shipping costs are incurred, which are shown separately in the context of the specific offer. If the goods are not in stock, the delivery time is 10 working days. In practice, Setzer und Setzer GbR strives for shorter delivery times.
(3) The following applies to consumers: The risk of accidental loss or deterioration of the item sold only passes to the customer when the item is handed over. If goods are delivered with obvious damage or transport damage, a complaint must be made to the forwarding agent or deliverer as soon as possible and the Setzer mit Ton GbR must be informed immediately. The omission of a complaint or notification to Setzer mit Ton GbR has no consequences for the legal claims and their enforcement, in particular warranty rights. However, the Setzer mit Ton GbR is helped to be able to assert their own claims against third parties, in particular the carrier or transport insurance.
(4) The following applies to entrepreneurs: The risk of accidental loss and deterioration of the item sold passes to the entrepreneur as soon as the item has been delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The handover is the same if the customer is in default of acceptance. § 377 HGB applies to merchants.
5. Payment, default of payment, default of acceptance
(1) Setzer und Setzer GbR delivers against advance payment and is not obliged to make advance payments.
(2) The customer can choose to pay by bank transfer, PayPal, Giropay, credit card or instant transfer. If Setzer und Setzer GbR nevertheless delivers against an invoice, default occurs with the consequence of the payment of interest on arrears no later than 30 days after delivery and receipt of an invoice or equivalent payment schedule. In the event of default, Setzer und Setzer GbR will charge interest at a rate of 5 percentage points above the base interest rate, and for entrepreneurs at a rate of 9 percentage points above the base interest rate. This does not affect the assertion of further damages by Setzer und Setzer GbR.
(3) When purchasing on account via PayPal, Setzer und Setzer GbR assigns its payment claim directed against the customer in full and irrevocably to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg away. The customer agrees that PayPal (Europe) S.à rl et Cie, SCA will carry out a credit check using the transmitted data before accepting the assignment. Setzer mit Ton GbR reserves the right to refuse the customer this payment method as a result of the credit check. The customer will be informed of this in the eBay checkout process. If the purchase on account is approved, PayPal (Europe) S.à rl et Cie, SCA accepts the assignment, so that debt-discharging payments can only be made to PayPal (Europe) S.à rl et Cie, SCA. The payment period is 14 days from receipt of the goods.
6. Retention of Title
Setzer und Setzer GbR retains ownership of the delivered goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, Setzer und Setzer GbR retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. Entrepreneurs may resell the reserved goods in the ordinary course of business; The entrepreneur assigns all claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - to the amount of the invoice to Setzer und Setzer GbR in advance, who accepts this assignment. Setzer und Setzer GbR may disclose the assignment and collect these claims itself if the entrepreneur does not meet his payment obligations.
7. Warranty and Liability, Offsetting, Assignment
(1) The warranty and liability of Setzer und Setzer GbR is based on the statutory provisions. The warranty period is 2 years and begins when the goods are handed over; if the customer is not a consumer, the warranty is limited to 1 year.
(2) The liability of the is based on the statutory provisions.
(3) The above restrictions and shortening of deadlines do not apply to claims based on damage caused by Setzer und Setzer GbR, their legal representatives or vicarious agents a) in the event of injury to life, limb or health, b) in the event of intentional or gross damage negligent breach of duty as well as fraudulent intent, c) in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) d) in the context of a guarantee promise or e) insofar as the Product Liability Act applies.
(4) In commercial business transactions, it is necessary for the commercial customer to have properly complied with the inspection and notification obligations specified in § 377 HGB.
(5) In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of Setzer und Setzer GbR, their legal representatives or vicarious agents, the liability is the amount limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.
(6) In the event of a warranty claim, please contact:
Setter and Setter GbR
Lene Setzer or Marvin Setzer
Krantzstrasse 7 | Hall 47-2
Telephone: +49 (0) 1577 8851969 | +49 (0) 160 97043576
8. Storage of the text of the contract
The text of the contract is not stored by us and can no longer be called up after the order process has been completed. However, you can print out the order data immediately after sending it.
9. Contract Language and Applicable Law
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. 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 has his habitual residence. The application of the UN sales law is excluded. The contract language is German.
10. Severability Clause and Final Provisions
(1) The invalidity or unenforceability of individual contractual provisions does not affect the validity of the remaining provisions. The statutory regulations shall take the place of an invalid or unenforceable provision.
(2) Note on out-of-court online dispute resolution (so-called OS platform)
The online platform of the EU Commission, which serves as a contact point for the out-of-court online settlement of disputes regarding obligations arising from contracts concluded online, can be reached under the following link: https://ec.europa.eu/consumers/odr
(3) Our e-mail address is: firstname.lastname@example.org
(4) VAT ID: DE342367883