TERMS OF CONDITIONS
MG Naturkosmetik GmbH is responsible for processing orders. The terms and conditions of MG Naturkosmetik GmbH apply.
(2) Deviating agreements and conditions are only binding if they concern Individual agreements.
(3) Ambiguities and misunderstandings in the case of orders not placed in writing are at the expense of the buyer. Differing agreements and arrangements between the buyer and persons who run the sales program of the authorized or unauthorized offer by the seller are only effective after written confirmation by the seller.
(4) Differing agreements and agreements between the buyer and persons who runs the sales program of the Authorized or unauthorized offer by the seller are only effective if the seller has consented to this. The rights and obligations of the vicarious agents of the seller are excluded from this.
(5) Should one or more provisions of the delivery contract and/or these conditions become ineffective or void, this does not affect the validity of the contract or these general terms.
Terms and Conditions. The seller is entitled to invalidate or void provisions legally to replace effective regulation, the economic success of which corresponds to the ineffective regulation as far as possible corresponds to.
(6) Customers who are buyers within the meaning of Section 1 of the Distance Selling Act have the right to terminate the contract within two weeks to be revoked in writing weeks after receipt of the goods. The dispatch is decisive for the observance of the deadline of withdrawal. The costs for the return are borne by an order with a goods value of up to 40, - EUR the customer.
OFFERS AND PRICES
ORDER ACCEPTANCE AND DELIVERY TIME
(2) The buyer is generally bound to his order for a maximum of three weeks. This does not apply if the delivery is thwarted by force majeure, the fault of the buyer or other circumstances for which the seller is not responsible
(3) If an agreed delivery deadline is exceeded by the seller, the customer may after unsuccessful expiry withdraw from the contract within a grace period to be set by him.
(4) If through other circumstances through no fault of the seller the execution of one of them accepted order is wholly or partially impossible, then it is without obligation to make subsequent delivery. Restriction or suspension of the agreed delivery is entitled.
(5) Claims for damages due to late delivery or non-delivery are excluded, except. Article IX applies.
(1) If the buyer refuses to accept the delivery, the seller is entitled to claim damages to demand for non-performance and either, without proof of the actual damage, 25% of the total cost to demand purchase price plus return costs or compensation for the actual damage.
(2) Insurance against transport damage, transport loss and breakage is only provided upon express request of the customer at his expense.
(3) Transport damage and transport losses are the responsibility of the carriers that carry out the transport, from the buyer to be reported directly and immediately with simultaneous sending of a message (duplicate / copy) to the seller.
(4) For orders with a net goods value of less than EUR 50, shipping costs are incurred within Germany in the amount of 3.90 EUR. From an order value of EUR 50, delivery takes place within Germany free shipping. For shipments to other EU countries and Switzerland, we charge a flat rate shipping costs from 10, - EUR.
Mail Order / Resale to Traders
The distribution and reselling of the goods purchased from us by mail order or to traders at the same level of trade (wholesale to wholesale or retail to retail) or tradespeople in front of the stored trade level (retail to wholesalers), is only permitted in writing approval on our part allowed. A given permission can also be given by us without specifying any special reasons can be revoked at any time.
(1) With regard to the type of goods sold by the seller, a subsequent improvement is ruled out.
(2) If the supplementary performance fails in the form of a replacement delivery, the customer can generally choose to do so request a reduction in remuneration or cancellation of the contract. With only a minor one however, the customer has no right to withdraw from the contract, especially in the case of only minor defects to.
(3) Entrepreneurs must disclose obvious defects within a period of two weeks from receipt of the goods show in writing. Deadline is sufficient for the timely dispatch. The entrepreneur hits the full burden of proof for all eligibility requirements, in particular for the defect itself and the point in time the determination of the defect and the timeliness of the notification of defects.
(4) Consumers must within a period of two months after the date on which the breach of contract the condition of the goods has been determined, inform about obvious defects in writing. Relevant for the observance of the deadline is the receipt of the information by us. If the consumer fails to provide this information, the warranty claims expire two months after the defect is discovered. The burden of proof the consumer is responsible for the point in time at which the defect is discovered. Has been the consumer through inaccurate manufacturer statements moved him to purchase the item, the decision to purchase is made by the burden of proof.
(5) If the buyer chooses to withdraw from the contract after a failed supplementary performance, he has no right to do so claim for damages due to the defect. If the buyer chooses after failed supplementary performance compensation, the goods remain with the customer if the seller so desires and the buyer so is reasonable. In this case, the compensation is limited to the difference between the purchase price and the value the defective thing. This does not apply if the seller fraudulently caused the breach of contract
(6) For entrepreneurs, the warranty period is one year from acceptance of the goods. For consumers is the limitation period two years from acceptance of the goods.
(7) If the buyer is an entrepreneur, only the manufacturer's product description as agreed applies to the quality of the goods. Public statements, promotions or advertising by the seller do not represent any other side of this the contractual specification of the quality of the goods.
TERMS OF PAYMENT
(1) We pay for registered customers by direct debit and credit card at 2% discount, transfer within 10 days or Pay Pal. We reserve the right to send larger orders via to be settled in advance. The invoices due must be paid for a new delivery. At If the direct debit is not redeemed, the bank fees (currently EUR 15) will be charged. Payment strictly net within 10 days
(2) From the due date - 30 days after the invoice date - default interest of four percent (4%) is over to pay the respective ECB base rate, without prejudice to others resulting from exceeding the target expectations.
(3) The end user has the following payment options when ordering via the Internet: a) Payment by Direct debit b) by credit card c) by Pay Pal d) on account.
RETENTION OF TITLE
1) Until the delivery has been paid for, the seller retains ownership of the goods delivered. Of the buyer is entitled to process and to process the goods in the ordinary course of business sell. If the buyer processes the delivered goods with other goods that do not belong to the seller and objects, then the processing and transformation of the goods is always carried out for the seller and the seller becomes co-owner of the processed item in proportion to the invoice value of the reserved goods at the value of the processed goods. After mixing the delivered goods with one thing of the buyer, which is to be regarded as the main item, is deemed to have been agreed that the buyer acquires co-ownership managed by the seller for the latter.
(2) Instead of rescission according to § 326 BGB, the seller can under the conditions of § 281 BGB demand compensation for non-performance.
(3) If the buyer sells the goods, or the things made from the goods, they go out of the claims arising from the sale, if necessary proportionately, are transferred to the seller as a precaution. Of the buyer assigns this claim to the seller and will provide the seller with information on request at any time grant the assigned claim.
(4) The buyer is entitled to collect the claim transferred to the seller. The authorization to collect does not entitle the buyer to do anything else, e.g. by assignment or seizure of the claim to dispose of.
(5) If the buyer does not punctually meet his obligations towards the seller, the seller revoke the authority to collect and require the buyer to make the assignment to the debtor announces.
(6) If the goods delivered under retention of title or the items on which the retention of title extends, seized, or becomes bankrupt or over the property of the buyer settlement proceedings opened, or other coercive measures against the buyer by third parties announced, the buyer is obliged to inform the seller immediately in writing.
(7) The buyer is obliged to protect the delivery item at his own expense against theft, breakage, fire and adequately insure water damage as long as it is in its inventory; this obligation also includes proper storage.
(8) The seller undertakes to provide the security to which he is entitled at the buyer's request to release the value of the claims to be secured, insofar as they have not yet been paid, by more than 20% exceeds
PLACE OF FULFILLMENT / PLACE OF JURISDICTION
(1) The place of performance is always the place of residence or the place of delivery specified by the customer.
(2) If the buyer is a registered trader, the place of jurisdiction is for all those resulting from the business relationship litigation of the place Weilheim. The seller can also choose for the buyer suing competent court. Applicable law
(3) The legal relationships of the contractual partners are subject to federal German law. Is in individual contracts with for foreign buyers, then the provisions of the »Convention on Contracts for the international sale of goods «(CiSG) does not apply.
(4) The contract language is German. Conditions specified by a contractual partner, which our contradicting the above conditions are without recognition by our management irrelevant.
RIGHT OF WITHDRAWAL
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you does not the carrier is who have or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (MG Naturkosmetik GmbH, Klosterhof 4, 82405 Wessobrunn, fax +49 (0) 8809 828 99 88, email address: email@example.com) by means of a clear declaration (e.g. E.g. a letter sent by post, fax or email) inform about your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we will give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs incurred as a result of you having a have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and to be repaid at the latest within fourteen days from the date on which the notification of your revocation was received we have entered into this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something was specifically stated with you otherwise agreed; in no case will you be charged any fees for this repayment. We can the refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. ”You have the goods immediately and in any case no later than fourteen days from the day on which above to send back or to hand over the named address. The deadline is met if you return the goods before it expires send within fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to an examination of the nature, properties and functionality of the goods not necessary handling is due to them.
MODEL WITHDRAWAL FORM
(If you want to cancel the contract, please fill out this form and send it back.)
To MG Naturkosmetik GmbH, Klosterhof 4, 82405 Wessobrunn
I / we (*) hereby revoke the contract concluded by me / us (*) about the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s), address of the consumer (s), signature of the consumer (s) (only if this is communicated on paper) date
(*) Delete where inapplicable.
End of revocation
MG Naturkosmetik GmbH is liable for its own behavior as well as also for that of his employees or vicarious agents only in the case of grossly negligent or intentional behavior. The claim in the case of liability is limited to the rate of the proven immediate damage. The goods remain our property until full payment. The place of fulfillment and jurisdiction is the place Weilheim. Should a provision in the terms and conditions be ineffective, the Effectiveness of all other provisions is not affected, but replaced by a regulation that the economically comes closest to the desired contractual objective. A change in delivery and terms of payment are reserved.
MG Naturkosmetik GmbH, Klosterhof 4, D-82405 Wessobrunn,
Tel: +49 (0)8809 / 82899-0, Fax: +49 (0)8809 / 82899-88