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General Terms and Conditions
of the company Conradus, Schlözer and Setzer GbR, owner Luna Conradus, Robert Schlözer and Lene Setzer, Viktoriastraße 78, 52066 Aachen, for the internet service "www.mit-ton.de"
1. Scope of Application
(1) Contracts are concluded only in accordance with the following conditions in their respectively most current version. The General Terms and Conditions valid at the time of contract conclusion are decisive for inclusion in the respective contract. Differing terms and conditions of the buyer have no validity. This does not affect individual agreements.
(2) A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activities. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that enters into business relationships and acts in the exercise of a commercial or independent professional activity. A legal partnership is a partnership equipped with the capacity to acquire rights and incur obligations.
(3) If the customer uses opposing or supplementary general terms and conditions, their validity is hereby rejected; differing terms and conditions of the customer do not become part of the contract unless their validity is expressly approved by Conradus, Schlözer and Setzer GbR.
2. Offer / Contract Conclusion / Technical Formation / Correction Options
(1) The presentation of products on the website www.mit-ton.de does not constitute a legally binding offer, but rather a non-binding online catalog.
(2) When the customer selects an item and clicks "Add to cart", the item is placed in the shopping cart. When the customer clicks "View cart", the contents of the shopping cart are displayed.
(3) Here, corrections to the contents of the shopping cart can already be made by deleting items, or shopping can be continued by clicking "Continue shopping".
After selecting the shipping method and payment method and clicking "Proceed to checkout", the customer is taken to another page. Here the customer can choose whether to place an order through their customer account (click "Login for registered customers"), order and create a customer account (click "Order and register as a customer") or order without registration (click "Order without registration"). After logging in to an existing customer account, creating a customer account by providing name, address information, phone number, email address and password, or by simply providing name, address, email address for simple ordering without registration, the customer arrives at the order completion page after clicking "Continue". Here all information can be verified once more.
(4) The entries can be changed at any step of the order process by appropriate deletion or additions. You can simply click on the respective step of the order process at the top of the page to go back to individual pages of the order process. It is also possible to return to the previous page by clicking the back button in the respective browser window. By closing the browser, the entire order process can be interrupted.
(5) By clicking the "Buy" button on the order completion page, the customer makes a binding offer to conclude a purchase contract. Confirmation of receipt of your order takes place together with acceptance of the order immediately after submission by an automated email. The purchase contract is concluded with this email confirmation. In the event that the customer selects the payment method PayPal, direct debit, or credit card, after clicking "Buy", the customer is taken to the payment page on PayPal's website.
3. Right of Withdrawal in Case of Unavailability
Conradus, Schlözer and Setzer GbR is entitled to withdraw from the contract if the ordered goods are unavailable without the fault of Conradus, Schlözer and Setzer GbR. In this case, Conradus, Schlözer and Setzer GbR will immediately inform the customer of the unavailability and promptly refund any performance provided by the customer.
4. Prices, Deliveries and Risk Transfer
(1) All price specifications include all taxes and other price components unless the price specification or catalog indicates otherwise.
(2) If the goods are sent to the customer, delivery and shipping costs are incurred, which are separately specified as part of the specific offer. If the goods are not in stock, the delivery time is 10 working days. In practice, Conradus, Schlözer and Setzer GbR endeavors to achieve shorter delivery times.
(3) For consumers: The risk of accidental loss or deterioration of the sold item transfers to the customer only upon delivery of the item. If goods are delivered with obvious damage or transport damage, these should be reported to the shipper or delivery agent as soon as possible and immediately notified to Conradus, Schlözer and Setzer GbR. Failure to file a claim or notify Conradus, Schlözer and Setzer GbR has no consequences for legal claims and their enforcement, in particular for warranty rights. However, it helps Conradus, Schlözer and Setzer GbR to assert their own claims against third parties, in particular against the carrier or transport insurance.
(4) For entrepreneurs: The risk of accidental loss and deterioration of the sold item transfers to the entrepreneur as soon as the item has been delivered to the shipper, carrier, or other person or institution designated to execute the shipment. This is equivalent to delivery if the customer is in default of acceptance. For merchants, § 377 of the German Commercial Code (HGB) applies.
5. Payment, Payment Default, Default in Acceptance
(1) Conradus, Schlözer and Setzer GbR delivers against advance payment and is not obligated to provide advance payment.
(2) The customer can optionally pay by transfer, PayPal, Giropay, credit card, or instant transfer. If Conradus, Schlözer and Setzer GbR nevertheless delivers on invoice, default occurs with the consequence of payment of default interest no later than 30 days after delivery and receipt of an invoice or equivalent payment statement. In the event of default, Conradus, Schlözer and Setzer GbR charges interest of 5 percentage points above the base rate, and for entrepreneurs, 9 percentage points above the base rate. This does not affect the assertion of further damages by Conradus, Schlözer and Setzer GbR.
(3) When purchasing on invoice through PayPal, Conradus, Schlözer and Setzer GbR assigns its payment claim against the customer in full and irrevocably to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The customer agrees that PayPal (Europe) S.à r.l. et Cie, S.C.A. will conduct a credit check before accepting the assignment using the transmitted data. Conradus, Schlözer and Setzer GbR reserves the right to refuse this payment method to the customer as a result of the credit check; the customer will be informed of this in the eBay checkout process. Upon approval of invoice purchase, PayPal (Europe) S.à r.l. et Cie, S.C.A. accepts the assignment, so that debt-relieving payments can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A. The payment period is 14 days from receipt of the goods.
6. Retention of Title
Until full payment of the purchase price, Conradus, Schlözer and Setzer GbR retains ownership of the delivered goods. In contracts with entrepreneurs, Conradus, Schlözer and Setzer GbR retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship. Entrepreneurs may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned by the entrepreneur in the amount of the invoice amount to Conradus, Schlözer and Setzer GbR in advance, regardless of any connection or mixing of the reserved goods with new goods, and Conradus, Schlözer and Setzer GbR accepts this assignment. Conradus, Schlözer and Setzer GbR may disclose the assignment and collect these claims itself to the extent the entrepreneur fails to meet its payment obligations.
7. Warranty and Liability, Set-off, Assignment
(1) The warranty and liability of Conradus, Schlözer and Setzer GbR is governed by the statutory provisions. The warranty period is 2 years and begins with delivery of the goods; if the buyer is not a consumer, the warranty is limited to 1 year.
(2) Liability is governed by the statutory provisions.
(3) The foregoing limitations and period reductions do not apply to claims arising from damage caused by Conradus, Schlözer and Setzer GbR, its legal representatives, or agents in the performance of their duties a) in case of injury to life, body, or health, b) in case of intentional or gross negligent breach of duty as well as fraud, c) in case of breach of essential contractual obligations, the performance of which is necessary for the proper execution of the contract and on whose compliance the contracting partner may regularly rely (cardinal obligations), d) within the scope of a warranty promise, or e) to the extent that the Product Liability Act applies.
(4) In commercial transactions, it is required that the commercial customer has properly complied with the examination and notification obligations specified in § 377 of the German Commercial Code (HGB).
(5) In the event of breach of essential contractual obligations, the performance of which is necessary for proper execution of the contract and on whose compliance the contracting partner may regularly rely (cardinal obligations) through slight negligence by Conradus, Schlözer and Setzer GbR, its legal representatives, or agents performing their duties, liability is limited in amount to the damage foreseeable at the time of contract conclusion with which the occurrence should typically be expected. Otherwise, claims for damages are excluded to this extent.
(6) In case of a warranty claim, please contact:
Conradus, Schlözer and Setzer GbR
Luna Conradus, Robert Schlözer or Lene Setzer
Viktoriastraße 78
52066 Aachen
Telephone: +49 (0) 1577 8851969
Email: info@mit-ton.de
8. Storage of Contract Text
The contract text is not stored with us and cannot be retrieved after completion of the order process. However, you can print the order data immediately after sending.
9. Contract Language and Applicable Law
All disputes arising from this legal relationship are governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their usual place of residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German.
10. Severability Clause and Final Provisions
(1) The invalidity or non-enforceability of individual contractual provisions does not affect the validity of the remaining provisions. In place of an invalid or non-enforceable provision, the statutory regulations apply.
(2) Notice of out-of-court online dispute resolution (so-called ODR platform)
The online platform of the European Commission, which serves as a contact point for out-of-court online resolution of disputes concerning obligations arising from online contracts, is accessible at the following link: https://ec.europa.eu/consumers/odr
(3) Our email address is: info@mit-ton.de
(4) Sales Tax ID: DE342367883