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General Terms and Conditions

- Customer Information and General Terms and Conditions -

Customer Information

The seller

The contract partner is:

Berliner Unfrei GmbH
Managing Director: Pia-Kathryn Nissen
Dudenstrasse 22
10965 Berlin / Germany
Tel.: +49 (0) 30- 48821644
E-Mail: info@McHurt.eu
Commercial Register Number: HRB 111560 B
Registry Court: District Court Berlin

VAT ID: DE 158361160

Contract Formation and Order Process

1. The presentation of the goods, particularly online, does not yet constitute a binding offer of the seller.

2. By clicking the button 'in Cart' the goods are placed in the shopping cart. The final step 'Checkout' starts the order process, where all necessary data for the order procedure is registered. General Terms and Conditions need to be acknowledged by ticking the box 'I accept the General Terms and Conditions'. Only after confirmation of this order and contract information do you place a binding offer to buy the goods in your shopping cart by clicking the button 'Buy'.

3. The contract is realized only with the written order confirmation of the seller.

Technical Order Amendment

All entries are shown in a confirmation window before clicking the 'Order' button and can be amended by the customer prior to the completion of contract, by clicking the button 'change' or using the 'back' feature of the browser.

Language of Contract

The language of contract is German or English.

Storage of Contact Content

The content of the respective contract between the seller and the customer is stored by the seller. The content is stored on internal systems of the seller. The General Terms and Conditions can be viewed by the customer on this page. The order information, Right of Cancellation as well as the General Terms and Conditions will be sent to the customer by email. After finalising the order, the content of the contract is available to the customer through the customer login.

Right of Cancellation

Consumers have a right to withdraw from the contract within 14 days. Here you can find details to your Right of Cancellation.

You bear the immediate cost for the return of the goods.

As a gesture of goodwill we offer our customers ordering within Germany the opportunity to send back merchandise at our cost under the condition that the returned goods exceed 30 Euro and a return voucher - available upon request ? is used.

The Right of Cancellation does NOT exist with the following contracts:

with the delivery of sealed goods, which for reasons of health and safety or hygiene are not suitable to be returned, if the seal was removed after delivery.

Warranty Rights

The buyer is entitled to legal warranty rights. Exceptions to these rights can be found in our General Terms and Conditions.

Payment

You can choose to pay by advance payment: bank transfer or PayPal. Alternatively payment on delivery is available for deliveries within Germany only.

If choosing to pay by bank transfer, we will send you our bank details with the order confirmation and will post the goods once we have received payment.

If choosing to pay via PayPal, we will send you a link to their site within the order confirmation and will post the goods once we have received payment.

Payment on delivery incurs an extra charge of 7.00 ¤.

Delivery

Countries we deliver to can be viewed on the 'Delivery and Shipment' page.

All articles on offer are ready to be dispatched immediately, unless otherwise stated in the product description. The delivery period to the countries we send to can be viewed on the "Delivery and Shipment" page.

The specified delivery period with payment by bank transfer starts on the day after the issue of the payment order to the transferring financial institution; by payment with PayPal the day after the payment order and with payment on delivery the day after the order confirmation.

The delivery period ends with the last day of this period. If the last day of this period is a Saturday, Sunday or an officially recognised holiday in the place of delivery, the next working day will be substituted for such a day.

Delivery Charges

All delivery charges, particularly packaging, cost of transport and delivery are charged to the customer unless otherwise agreed. An overview of the delivery charges can be found under "Shipping & Returns".

If the goods are delivered to non-EU countries, further custom charges, taxes or other charges may be due, not to the seller, but to the relevant customs or tax office in the country of delivery.

The customer is advised to obtain the relevant details from the customs or tax office.

Complaints Management

Questions regarding the delivery of the goods (i.e. time, availability, receipt of payment etc.) will be addressed by contacting the seller:

Berliner Unfrei GmbH
Dudenstrasse 22
10965 Berlin / Germany
Email: info@McHurt.eu

General Terms and Conditions

1.Basis of Contract

1.1. All contracts which the customer (consumer or business) makes with the seller are solely bound by the General Terms and Conditions. By ordering, the customer acknowledges these terms.

1.2. The consumer is any individual, who enters a legal transaction which can not be attributed to their commercial or self-employed activity.

1.3. A business is a natural or legal entity or joint partnership with legal capacity which, at the time the agreement is concluded, is exercising its commercial or independent professional activity.

2.Terms and Conditions of Sale and Delivery

If the seller incurs additional costs due to receiving a wrong delivery address or wrong addressee, the customer will reimburse the seller, unless he did not supply the wrong information.

3. Terms of Payment

3.1. The purchase price is due immediately on the conclusion of contract.

3.2. If payment is delayed, the customer has the obligation to pay to the seller a default interest of 5% above the basic interest, if he is a consumer (§13 BGB - German Civil Code) . Is the customer a business (§14 BGB), a default interest of 8% above the basic interest applies.

3.3 Independent from 3.2., the seller reserves the right to prove a higher damage caused by delay as well as other damages.

4. Reservation of Ownership

The goods remain the property of the seller until full payment has been received.

5. Warranty

5.1. With regard to the warranty, the legal provisions applyunless stated otherwise in 5.2 ? 5.4.

5.2. The period of limitation for the liability for material defects is 24 month and starts with the receipt of the purchased item by the customer. If the customer is a business (§14 BGB), a period of limitation of 12 months applies from the receipt of the purchased item.

5.3. For used items ashortened period of limitation of one year from the receipt of the goods applies. The shortened one-year period of limitation does not apply to claims for culpably caused losses which cause injury to life, body or health and grossly negligent or damage intentionally caused or malice of the supplier, nor to claims subject to §§ 478, 479 BGB

5.4. For businesses the legal provisions, examination and primand obligations of HGB (German Code of Commercial Law) apply.

6. Right of Cancellation

6.1 The right of cancellations applies only to the consumer.

6.2. The customer is obligated to carefully wrap the goods to be returned, irrespective of the right to cancellation.

7. Limitation of Liability

7.1. With the exception of injury to life, body and health and the violation of fundamental contractual obligations (cardinal duties), the seller is liable only for damages, which can be ascribed to intentional or grossly negligent conduct.

This also applies to indirect consequential damage, as in lost earnings.

A fundamental contractual obligation is defined as a duty that is prerequisite for the regular fulfilment of the contract as such and on which the affiliate may rely and regularly relies on.

7.2. Except in the case of grossly negligent conduct or injury to life, body and health and the violation of fundamental contractual obligations (cardinal duties), the liability is limited to typically foreseeable damages at the time of the conclusion of contract and defined by the contract typical average damages. This also applies to indirect consequential damage, particularly lost earnings.

7.3. The liability limitations of paragraphs 1 and 2 apply correspondingly in favour of employees and subcontractors of the seller.

7.4. Liability claims regarding the product liability law remain untouched.

8. Final Provisions

8.1. The laws of the Federal Republic of Germany apply to the exclusion of the UN sales convention. Compulsory terms of the country the costomer resides in remain untouched.

8.2. Place of fulfilment is the seller's place of business, if the customer is a business.

8.3. Provided the customer is a business, a legal entity under public law or a special fund under public law, or does not have a legal domicile in Germany, or moves abroad after the conclusion of the contract or the legal domicile is not known at the time of filing the proceedings, the place of jurisdiction is the registered office of the seller.

8.4. Should some clauses of this contract be void or contradict the legal provisions, it will not affect the validity of the remaining provisions.

- End of General Terms and Conditions -

Berliner Unfrei GmbH
Managing Director: Pia-Kathryn Nissen
Dudenstrasse 22
10965 Berlin / Germany
Tel.: +49 (0) 30- 48821644
E-Mail: info@McHurt.eu
Commercial Register Number: HRB 111560 B
Registry Court: District Court Berlin
Vat ID Number.: DE 158361160



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