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Überweisung
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| General Terms and Conditions |
Berliner Unfrei GmbH
Dudenstr. 22
10965 Berlin
Managing Director: Pia-Kathryn Nissen
Phone: +49 (0)30 48821644
E-Mail: info@mchurt.eu
-hereinafter referred to as the "vendor"-
General Terms and Conditions
1. Basis of contract
All contracts between the customer and the vendor are exclusively based on these terms and conditions. The customer specifically accepts these terms with his/her order.
2. Conclusion of Contract
2.1 The presentation of products, particularly on the internet, does not yet constitute a firm offer by the vendor.
2.2 By clicking the button 'In Cart' the selected items will be deposited in the shopping cart.
The ordering process begins with the final step 'Checkout', where all necessary information and all data required to process the order shall be stored. Acceptance of the General Terms and Conditions have to be confirmed by ticking the box 'I accept your general business and supplying-conditions'. At the end of the ordering process a summary of the order and contract details appears. Only after the confirmation of these order and contract details, by clicking the button 'send order now', a binding offer to buy the items in the cart is submitted.
2.3 A contract does not become valid until the vendor confirms the order in writing.
2.4 All effected submissions of information will be shown in a confirmation window after clicking the order button and can be corrected by the customer before the conclusion of contract.
2.5 The text of the contract between the customer and the vendor's entered contract will be stored by the vendor. The text of the contract will be stored on the internal systems of the vendor. The General Terms and Conditions can be viewed by the customer at any time on this site. The order details, cancellation policy as well as the General Terms and Conditions will be sent to the customer by e-mail. Once the order has been placed, the text of the contract is no longer available online for security reasons.
2.6 The language of the contract is German or English.
2.7 Part deliveries are permitted, provided the customer has agreed beforehand. Should additional delivery costs arise through a part delivery, the costs shall be met by the vendor.
3. Terms of Delivery
3.1 Unless agreed otherwise in writing, any delivery takes place from stock.
3.2 Should the vendor have to meet additional delivery costs, due to a wrong address or wrong addressee being given, the customer shall compensate this cost, unless he is not responsible for the misstatement.
3.3 Cash-on-delivery orders can only be dispatched within the Federal Republic of Germany! Deliveries to Europe are sent only after prior arrangement or on advance payment.
4. Conditions of Payment
4.1 The purchase price will become due immediately on the conclusion of the contract.
4.2 All prices shall be understood to be retail prices include VAT (Value Added Tax).
4.3 All delivery costs, particularly packaging, transport costs and delivery will be at the customer's cost and expense and will be charged with a fixed shipping and handling rate.
4.4 In the event of delayed payment, the customer is obliged to pay to the vendor interest at 5% above the base rate (§ 13 BGB), or 8% above the base rate if the customer is a business (§ 14 BGB).
4.5 Regardless of 4.4, the vendor shall have the right to prove evidence of a higher loss rate due to delay, as well as other losses.
5. Reservation of Ownership
The goods remain the property of the vendor until payment has been received in full.
6. Warranty
6.1 With regard to the warranty the legal regulations apply, unless otherwise agreed in 6.2 and 6.3.
6.2 The period of limitation for claims regarding the material defects liability is 24 month and commences with the receipt of the items by the customer. Is the customer a business (§ 14 BGB), the period of limitation is 12 month from receipt of the items.
6.3 For merchants the legal provisions, examination and reprimand obligations apply according to the HGB (Handelsgesetzbuch- German code of commercial law).
7. Right of Cancellation
7.1 The legal provisions for the right of cancellation (§ 355 BGB) apply, as does the cancellation policy for consumers sent to the customer with the offer of contract. The most up-to-date right of cancellation policy can be viewed anytime on our home page by clicking Right of Cancellation .
7.2 The right of cancellation does not exist for the supply of goods produced according to customer specifications or clearly tailored to personal specifications of the customer. Goods, which are made according to specifications of the customer can constitute an item customised in colour, size or material, which are not in the vendors sales brochures, the on-line shop or similar offers and the contracting parties have agreed in writing on the actuality of such a customer specific service.
7.3 When exercising the right of cancellation, the customer is obliged to return the items, if the goods can be sent by parcel. It is agreed by contract, that the customer will bear the regular cost of returning items when exercising the right of cancellation up to an item price of 40 Euro, unless the delivered goods are not the ordered goods. The vendor bears the risk of the return. Is the price of the item above 40 Euro, the vendor bears the cost of the return.
7.4 The customer is obliged to take special care when packing the goods for return.
8. Limitation of Liability
8.1 The vendor is liable, with the exception of damage to life, limb and health and the violation of essential contractual obligations (cardinal obligations), only for damage resulting from an intentional or grossly negligent conduct.
This applies also for indirect consequential damages, particularily lost profits.
An essential contractual obligation shall be understood as an obligation, which makes proper fulfilment of the agreement possible at all, and adherence to which the contractual partner can and does regularly rely on.
8.2 The liability is limited to typically foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of intention or gross negligence or damages due to the injury of life, body and health and the violation of essential contractual obligations (cardinal obligations). This applies also for indirect consequential damages, especially such as lost profit.
8.3 The limitation of liability of paragraphs 1 and 2 shall also apply for the employees and agents of the vendor.
8.4 Liability claims according to the Product Liability Law remain unaffected.
9. Reference for Return of Packaging According to § 6 Packaging Ordinance
Packaging consisting of paper and carton can be disposed of in recycling containers provided by towns and councils or the so-called 'Blue Tub'. Parts of the packaging marked with the 'Green Dot', can be disposed of in the provided containers of the Dual System, for example the so-called 'Yellow Tub' or the yellow bin liner.
Should it not be possible to dispose of the packaging for free in the vicinity of the customer's order address, the customer has the opportunity to send the packaging back to the vendor. The packaging will be disposed of by the vendor according to the provisions of the packaging ordinance.
10. Final Provisions
10.1 The contract is governed by the laws of the Federal Republic of Germany excluding the provisions of the UN commercial law. Mandatory regulations of the state, in which the customer has his usual place of residence remain unaffected.
10.2 Place of performance is the domicile of the vendor, if the customer is a merchant.
10.3 Provided that the customer is a merchant, has a legal entity of the public law or public legal separate property or no general place of national jurisdiction or, after the conclusion of contract, his/her place of residence is transferred abroad or is not known at the time of institution of legal proceedings, the place of jurisdiction shall be the domicile of the vendor.
10.4 In the event of individual provisions of this contract being ineffective or opposing statutory provisions, the effectiveness for the rest of the contract will not be affected.
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