General terms and conditions of business
Contractual partner
Based on these General Terms and Conditions (GTC), a contract is concluded between the customer and
Mondialbirdshop Represented by Aysegül Demirci
Address: Büchener Weg 8 21481 Lauenburg
Phone: +4941535789161
Fax: +4941535789162
Email address: info@mondialbirdshop.de
Commercial register: Lübeck; VAT identification number: DE306455725, hereinafter referred to as the provider, the contract is concluded.
Subject matter of the contract
This contract regulates the sale of new goods from the area/areas of pet supplies wholesale and retail, online trade via the provider's online shop. For details of the respective offer, please refer to the product description on the offer page.
Scope & Defence Clause
(1) The legal relationships established via this Internet shop between the operator of the shop (hereinafter referred to as “Provider”) and its customers are exclusively subject to the following General Terms and Conditions in the version valid at the time of the order.
(2) Any deviating general terms and conditions of the customer will be rejected.
Conclusion of contract
The contract is concluded exclusively in electronic commerce via the shop system. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for concluding the contract in the shop system includes the following steps:
• Selection of the offer in the desired specification (size, color, quantity)
• Add the offer to the shopping cart
• Press the button 'order'
• Enter the billing and delivery address
• Selection of payment method
• Checking and processing the order and all entries
• Press the button 'order with payment'
• Confirmation email that the order has been received.
The contract is concluded when the order confirmation is sent.
Retention of title
The delivered goods remain the property of the provider until full payment has been made.
Due date
The payment of the purchase price is due upon conclusion of the contract.
Contract duration
The contract is concluded for an indefinite period.
Prices, shipping costs, return costs
All prices are final prices and include statutory sales tax. In addition to the final prices, additional costs may apply depending on the shipping method, which will be displayed before the order is sent. If there is a right of cancellation and the item is used, the customer bears the cost of returning the item.
Payment terms
The customer has only the following payment options: advance transfer, direct debit, payment service provider (PayPal), credit card. Other payment methods are not offered and will be rejected. The invoice amount must be transferred in advance to the account specified on the invoice after receipt of the invoice, which contains all the information for the transfer and is sent by email. The invoice amount is collected by the provider using direct debit on the basis of the direct debit authorization from the customer from the account specified. When using an escrow service/payment service provider, this enables the provider and customer to process the payment between themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card is charged after the goods have been dispatched. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 7 days of receiving the invoice. Payment is due without deduction from the invoice date. After the payment deadline, which is therefore determined by calendar, has expired, the customer is in default even without a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded. Offsetting against customer claims is excluded unless these are undisputed or legally binding.
delivery terms
The goods will be dispatched immediately after receipt of payment has been confirmed. On average, dispatch takes place within 6 days at the latest. The company undertakes to deliver on the 6th day after receipt of the order. The standard delivery time is 6 days unless otherwise stated in the item description. The provider either dispatches the order from its own warehouse as soon as the entire order is in stock there or the order is dispatched by the manufacturer as soon as the entire order is in stock there.
Contract design
The customer has no possibility to directly access the stored contract text.
Disclaimer
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the benefit of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.
(2) Excluded from the scope and defense clause are claims for damages due to injury to life, body or health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
data protection
In connection with the initiation, conclusion, processing and reversal of a purchase contract based on these terms and conditions, data is collected, stored and processed by the provider. This is done within the framework of the legal provisions. The provider does not pass on any personal data of the customer to third parties unless it is legally obliged to do so or the customer has given their express consent beforehand. If a third party is used for services in connection with the processing of processing procedures, the provisions of the Federal Data Protection Act are observed. The data provided by the customer when placing an order is processed exclusively for the purpose of establishing contact within the framework of contract processing and only for the purpose for which the customer has made the data available. The data is only passed on to the shipping company that undertakes the delivery of the goods in accordance with the order if necessary. The payment data is passed on to the credit institution commissioned with the payment. If the provider is subject to retention periods of a commercial or tax law nature, the storage of some data can last up to ten years. During the visit to the provider's online shop, anonymized data that does not allow any conclusions to be drawn about personal data and is not intended to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Information about all of the customer's personal data can be obtained free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Mondialbirdshop, Aysegül Demirci, Büchener Weg 119 21481 Lauenburg +4941535789161 info@mondialbirdshop.de.
Warranty
(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provisions of Section 6 of these General Terms and Conditions apply to the customer's claims for damages against the provider.
(2) The limitation period for warranty claims by the customer is 2 years for newly manufactured items for consumers and 1 year for used items. For businesses, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, body or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods for businesses is the right of recourse under Section 478 of the German Civil Code.
(3) The provider does not provide any guarantee.
Choice of law & jurisdiction
(1) The contractual relationship between the provider and the customer is subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
Severability clause
The invalidity of any provision of these Terms and Conditions shall have no effect on the validity of the remaining provisions.