Terms of service
I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you with us as a provider (MoelkGmbH) Close the website www.moelk.com. Unless otherwise agreed, the inclusion may be contradicted by them of their own conditions they used.
(2) Consumers within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes, which can be attributed predominantly neither their commercial nor their self-employed professional activity. Entrepreneurs is any natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Regarding the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the setting of the product on our website, we will make you a binding offer to conclude a contract through the online shopping cart system for the conditions specified in the item description.
(3) The contract comes about the online shopping cart system as follows:
The goods intended for sale are stored in the "shopping cart". Use the corresponding button in the navigation bar to call the "shopping cart" and make changes there at any time.
After calling the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
As far as you use a payment method as a payment method (e.g., PayPal / PayPal Express, Amazon Payments, Sofortueberweisung), you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the immediate code system.
If a forwarding takes place to the respective immediate code system, take the appropriate selection or input of your data. Finally, you will be displayed on the website of the provider of the immediate code system or after being returned to our online shop, the ordering data is displayed as an order overview.
Before submitting the order, you have the option of checking the information in the order overview again, modifying (also cancel the function "Back" of the Internet browser) or cancel the order.
With the sending of the order via the corresponding button ("buy" or similar name), you declare legally binding the acceptance of the offer, which causes the contract to come.
(4) The processing of the appointment and transmission of all information required in connection with the conclusion of the contract shall be automatically automated by e-mail. Therefore, they have to ensure that the e-mail address stored by us is true, the reception of the e-mails technically ensured technically and in particular not prevented by spam filters.
§ 3 Contract period / termination for subscription contracts
(1) The subscription contract concluded between them and us has the agreed term. If the contract is not terminated by one of the parties in writing (e.g., e-mail) for 3 weeks before the end of the contract (as far as the respective offer), it is tacitly extended by the agreed basic term. If the basic term is more than a year, the contract is only extended by one year only.
(2) The right to terminate without notice for good cause remains unaffected.
§ 4 Special agreements on offer payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank (PUBL), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- The invoice: The payment period is 14 days from shipping the goods / ticket / or other services, the provision of the service. The full accounting conditions for the countries in which this payment method is available here: Germany.
- Guess purchase: With Klarna financing service, you can pay your purchase in fixed or flexible monthly installments to the conditions specified in the cash register. The installment payment is due at the end of the month after sending a monthly audit by KLARNA. Further information on installment purchase including the terms and conditions and the European standard information for consumer loans for the countries in which this payment method is available can be found here (only available in the stated countries): Germany.
- Debit charge: The debiting takes place after shipping of the goods. The time is communicated to you by e-mail.
- Credit card (VISA / MasterCard): Available in Germany. The debit is after shipping the goods or tickets / availability of the service or in the case of a subscription according to the communicated times.
Further information about Klarna can be found here. The Klarna app can be found here.
§ 5 Right of retention, Retention of title
(1) A right of retention can only be exercised, as they are receivables from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3)If you are entrepreneurs, the following applies:
a) We reserve the ownership of the goods to complete compensation of all claims from the current business relationship. Before transitioning property to the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already enter us all claims in the amount of the invoice amount, which will give you on the resale, we accept the assignment. They are further authorized to confiscate the claim. Insofar as they do not meet their payment obligations properly, we reserve the right to collect the requirement himself.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to relocate the collateral due to us to their requests to the extent that the realizable value of our collateral exceeds the claim to be secured by more than 10%. The selection of securities to be released is responsible for us.
§ 6 Warranty
(1) There are the legal obligation to complaint.
(2)As a consumer, you will be asked to check the matter at delivery immediately for completeness, obvious defects and transport damage and to communicate us as well as the freight forwarder as soon as possible. If you do not come after that, this has no impact on your statutory warranty claims.
(3) Insofar as they are entrepreneurs, deviating from the above warranty regulations:
a)As a condition of the thing, only our own information and the product description of the manufacturer are agreed, but not other advertising, public anchors and expressions of the manufacturer.
b) In case of defects, we ensure warranty by rework or subsequent delivery. If the lack of defects fails, you can demand a reduction or withdraw from the contract according to your choice. The removal of defects is subject to unsuccessful second attempt as failed if there is nothing else in particular from the nature of the matter or lack of or other circumstances. In the case of repair, we do not have to bear the increased costs arising from the shipment of the goods to another place as the place of performance, provided that the shipment does not match the intended use of the goods.
c)The warranty period is one year from date of delivery. The deadline reduction does not apply:
- for us attributable culpably caused damage caused by violation of life, body or health and intentional or grossly negligent other damages;
- as far as we have concealed the lack of malicious or have taken over a guarantee for the nature of the matter;
- for things that have been used in accordance with their usual use for a building and causing its defectiveness;
- For legal recourse claims, which you have in connection with deficiencies against us.
§ 7 Legal choice, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection provided by compelling provisions of the state of the usual residence of the consumer is not deprived (favorable principle).
(2) Place of performance for all services from the business relationships with us as well as the place of jurisdiction is our headquarters, insofar as they are not consumers, but merchant, legal entity of public law or public fundamental funds. The same applies if they have no general place of jurisdiction in Germany or the EU or is unknown to residence or habitual residence at the time of filing. The authority to call the General Court to another statutory place of jurisdiction remains unaffected.
(3)The provisions of the UN sales law expressly do not apply.
II. Customer information
1. Identity of the seller
Mainzer Landstraße 1
Telephone: + 496102719293-0
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online dispute resolution (OS platform), accessible https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps at the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are made in accordance with the provisions "concluding the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order About the online shopping cart system If the contract data can be printed out or electronically secured via the printing function of the browser. After receipt of the order with us, the order data, the statutory information for distance contracts and the general terms and conditions again transmitted by e-mail to you.
4. Behavior Codes
4.1. We subjected ourselves to the Buyer Seal Quality Criteria of Dealer Bund Management AG, visible under:https://www.haendlerbund.de/DE / DOWNLOADS / KAEFORE SEAL /caferzertifizierungskriterien.pdf.
5. Significant characteristics of the goods or service
The essential characteristics of the goods and / or service can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all accumulating taxes.
6.2. The shipping costs are not included in the purchase price. They are accessible via a correspondingly designated button on our website or in the respective offer, separately are shown in the course of the ordering process and must be borne by you, as far as the free shipping is pledged.
6.3. The delivery takes place in countries outside the European Union can not be attributable to any additional costs to be represented by us, e.g. Customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions) to be borne by them.
6.4. Incurred costs of money transfer(Transfer or exchange rate charges of credit institutions)are to be borne by them in cases where the delivery takes place in an EU Member State, but the payment was initiated outside the European Union.
6.5. The payment methods available to them are shown under a correspondingly designated button on our internet presence or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment entitlements from the closed contract are due immediately to payment.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and optionally existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. As far as it is consumers, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold transfers only with the transfer of the goods to you, regardless of whether the shipment is assured or uninsured. This does not apply if they have independently commissioned a transport company not named by the entrepreneur or otherwise to the execution of the dispatch.
If you are entrepreneurs, the delivery and shipment is at your risk.
8. Legal defect liability law
The defect liability depends on the regulation "Warranty" in our General Terms and Conditions (Part I).
9. Contract term / termination
Information on the term of the contract as well as the terms of termination can be found in the scheme "Contract term / termination at subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These terms and conditions and customer information were created by the merchant of the merchant of the merchant of the merchant and are permanently audited on legal conformity. Dealer Bund Management AG guarantees the legal certainty of the texts and is liable in the case of warnings. Further information can be found at:https://www.haendlerbund.de/DE / Services /Legal Security / Termsurance Service.
last update: 27.10.2020