Terms and conditions
General terms and conditions (hereinafter "GTC") within the framework of purchase contracts on the platformbetween
Agent Monkey, main market, 6, 99867 Gotha, registered in the commercial register of the local court, represented by Kathrin Deubner, USt-ID-Nr.: DE202362896
— in the Following "supplier" — and in § 2 of the Treaty referred to the customer as a consumer according. Section 13 of the German civil code
— hereinafter the "customer" —
will be closed. It is the buyer, however, is an entrepreneur pursuant to art. § 14 BGB, a legal Person of public Law or a public law special assets shall apply to such buyer, subject solely to our General conditions of sale relating to this group of buyers.
§ 1 scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter "provider") and the customer (hereinafter "customer") shall apply exclusively the following General terms and conditions at the time of the order valid version. Deviating General terms and conditions of the purchaser are not recognised, unless the supplier expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to its commercial or independent professional activity. In contrast, entrepreneurs means any natural or legal Person or legal partnership that at the conclusion of the Treaty in the exercise of their commercial or independent professional activity.
§ 2 conclusion of contract
(1) The Online Shop of the seller product contained depictions do not constitute binding offers by the seller but intended to submit a binding offer by the customer.
(2) The customer can make the offer via the Online-Shop of the seller of the ordering process the final button, a legally binding contract offer in relation to the basket of Goods and/or services Furthermore, the customer can submit the offer by telephone, by Fax, by E-Mail or post to the seller.
(3) The seller may, the offer of the customer within five days to accept
· by the customer a written order confirmation or an order confirmation in text form (Fax or E-Mail) is sent, whereby the time of receipt of the order confirmation by the customer is decisive, or
· by the customer the ordered goods, supplier, whereby the time of receipt of the goods by the customer is decisive, or
· by the customer after delivery of the order to the payment prompts.
Several of the above Alternatives, the contract in the entry. The seller does not accept the customer's offer within the aforementioned period, this shall be deemed as rejecting the offer with the result that the customer is no longer bound by his Declaration of intention.
(4) The period for acceptance of the offer commences on the day after the despatch of the offer by the customer and ends with the expiration of the fifth day following the sending of the offer.
(5) In the case of submitting an offer via the Online order form of the seller, the contract text is stored by the seller and the customer after submitting his order, together with these terms and conditions in text form (e.g. E-Mail, Fax or letter) sent to you. In addition, the contract text is archived on the seller's website and can be accessed by the customer via his password protected customer account by entering the respective Login information, provided the customer has applied before submitting his order, a customer account in the Online Shop of the seller.
(6) Before submitting a binding order via the Online order form of the seller the customer can correct his entries using the usual Touch -, keyboard-and mouse functions. In addition, all entries before the mandatory submission of the order once in a confirmation window and can be corrected by means of the usual Touch-, keyboard - and mouse functions.
(7)For the conclusion of the contract the German language is exclusively available.
(8)The order processing and contact can usually via E-Mail and automated order processing. The customer has to ensure that his or her designated for order processing E-Mail address is correct so that at this address from the seller sent E-Mails can be received. In particular, the customer has the use of so-called Spam, that can all be delivered by the seller or responsible for order processing third party emails sent.
(9) Selects the customer during the ordering process, "debit" or "debit" as the payment method, we can accept the customer's offer by the fact that he moves in the total price, within five days from the customer's Bank account, whereby the time is relevant, is charged to the account of the customer. In the Rest of the Para. 3 accordingly.
§ 3 delivery, availability of goods
(1) our stated delivery times are calculated from the date of our order confirmation, prior to payment of the purchase price, provided that (except when the purchase invoice). Provided for the respective goods in our Online-Shop or any different delivery time is specified, the period is 7 days.
(2) is not established at the time of the customer's order no copies of the in this case.
(3) There are the following delivery restrictions: The provider delivers only to customers who have their habitual residence (invoice address) in one of the following countries have, and in the same country, a delivery address can specify: Germany, Austria
(4) vouchers to the customer as follows, left or sent (alternatively):
· by E-Mail
· by Download
· by post
to§ 4 retention of title
Until full payment the delivered Goods remain the property of the provider.
§ 5 prices and shipping costs
(1) All prices on the Website of the provider are specified, are inclusive of statutory VAT valid.
(2) The corresponding shipping costs will be indicated to the customer on the order form and are to be borne by the customer unless the customer exercises his right of withdrawal. From an order value of 40 EUR, the supplier delivers to the customer free of charge.
(3) In the case of deliveries to countries outside the European Union may incur additional costs, which are not the responsibility of the seller and which are to be borne by the customer. This includes the costs for money transfer by credit institutions (for example, for example. Transfer fees, exchange fees) or legal import duties or taxes (eg. Customs duties). Such costs may also be incurred in terms of cash-on-delivery even if the delivery takes place in a country outside of the European Union, the customer makes the payment from a country outside of the European Union.
(4) The goods are shipped by post, shipping by a carrier selected shipping company.
(5) The customer has in the event of a cancellation, the direct cost of returning to bear.
§ 6 payment terms
(2) The customer can change the information stored in his user account payment method at any time.
(3) The payment of the purchase price is immediately due upon contract. The due date of the payment is determined by the calendar, so the customer is already due to Failure to observe the deadline in default. In this case, he has to pay to the provider for the year, default interest of five percentage points above the base interest rate.
(4) The customer's obligation to pay default interest includes the assertion of other default damages by the provider is not.
§ 7 liability for defects, guarantee
(1) The provider is liable for defects in accordance with the applicable statutory provisions, particularly according to §§ 434 et seq. of the civil code.
(2)An additional guarantee for the Goods delivered by the supplier only if this is expressly stated in the order confirmation to the respective article has been provided.
§ 8 liability
(1) claims of the customer on damages are excluded. Exception of claims for damages of the customer arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) and liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose performance to achieve the objective of the contract is necessary.
(2) In the case of a breach of essential contractual obligations, the supplier shall be liable only to the contract-typical, foreseeable damage if this was caused simply negligently, unless there is damage claims of the customer from injury to life, body or health.
(3) The limitations of Para. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) from Abs. 1 and 2 shall not apply if the provider fraudulently concealed the defect fraudulently or granted a warranty for the condition of the item. The same applies if the supplier and the customer have reached an agreement on the nature of the thing. The provisions of the product liability act shall remain unaffected.
§ 9 redemption of promotional coupons
(1) coupons from the seller in the context of advertising campaigns with a certain validity period, free of charge, and the customers are not commercially available may be purchased (hereafter "promotional vouchers"), can only in the Online Shop of the seller, and only in the specified period can be redeemed.
(2) promotional vouchers can only be used by consumers redeemed.
(3) Individual products may be excluded from the coupon promotion, if the restriction from the content of the coupon is obtained.
(4) promotional vouchers can only be used prior to completion of the order process redeemed. A subsequent settlement is not possible.
(5) Per order can be redeemed a promotional voucher.
(6) the value of The goods must equal at least the amount of the coupon. Any remaining balance will not be refunded by the seller.
(7) Gives the value of the promotional voucher to cover the order, you can to pay for the Difference from the rest of the payment offered by the seller to be elected
(8) The balance of a promotional voucher is either in cash or accrue interest.
(9) The promotional voucher will not be refunded when the customer returns with the promotional voucher in full or partially paid goods in the framework of his statutory right of withdrawal.
(10) The promotional code is only intended for use by the Person who is named on. A Transfer of the coupon to a third party is excluded. The seller is entitled, but not obligated, the material entitlement of the voucher holder to check.
§ 10 right of revocation
(1) consumers have at the conclusion of a distance selling transaction, in principle, a statutory right of withdrawal, over the the provider in accordance with the statutory pattern, the following is informed. The exceptions from the right of withdrawal are regulated in paragraph (2) and paragraph (3). In paragraph (4), you will find a model cancellation form.
Right of revocation | right of withdrawal
you have the right, within 30 days without giving reasons this contract to be revoked.
The revocation period is fourteen days from the day on which you or a third party named by you who is not carrier, the Goods have taken possession or.has.
In order to exercise your revocation right, you must inform us by a clear statement (eg. a letter sent by Post, Fax or E-Mail) of your decision to withdraw from this contract, inform. You may use the attached model withdrawal form which is however not mandatory.
To observe the revocation period it is sufficient that you send the notification about exercising the right of withdrawal before the withdrawal deadline.
Consequences of revocation
If you withdraw your contract, we have you all payments agreed upon; in no case will you because this repayment charges calculated.
We can refuse the repayment until we have received the returned goods or until you have provided proof that you have returned the Goods, whichever is the earlier date.
You shall send back the Goods immediately and in any case at the latest within 30 days from the day on which you notify us of your withdrawal from this contract to us or to pass. The deadline is met if you dispatch the Goods before the expiry of the period of fourteen days.
You bear the direct cost of returning the Goods.
You need to for any loss of value of the Merchandise, if this value loss on an examination of the nature, characteristics and functioning of the Goods not necessary to deal with them is due.
— End of cancellation policy —
(2) The right of withdrawal does not apply to contracts for the supply of audio or video recordings or computer software in sealed packaging if the seal was removed after delivery.
(3) The right of revocation also for consumers, who are not a member state of the European Union at the time of conclusion of the contract and whose sole residency and delivery address at the time of conclusion of the contract outside of the European Union.
(4) the withdrawal form informs the provider in accordance with the statutory scheme as follows:
model withdrawal form
(If you revoke the contract, then please fill out this form and send it back to us.)
Hereby revoke(s) I/we (*) from my/us (*) concluded contract for the purchase of the following Goods (*)/ provision of the following service (*)
· Ordered on (*)/received on (*)
· Name of the/consumer(s)
· address of consumer(s)
· signature of consumer(s) (only with message on paper)
(*) Delete as appropriate
§ 11 final provisions
(1)contracts between the provider and the customer, the law of the Federal Republic of Germany under exclusion of the UN purchase law. The statutory provisions on the restriction of the choice of law and applicability of mandatory requirements in particular. of the state in which the customer has as a consumer has his habitual residence, remain unaffected.
(2)dispute resolution: The EU-Commission has created an Internet platform for Online dispute resolution. The platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations stemming from Online sales-purchase contracts. More information is available at the following Link:http://ec.europa.eu/consumers/odr. To participate in a dispute resolution procedure before a consumer conciliation Board, we are neither ready nor committed.[KS1]
(3)The contract remains in case of legal invalidity of single points in his remaining shares obliging. Instead of the invalid legal regulations, to the extent available. To the extent that this would represent for one of the parties an undue hardship, the contract as a Whole invalid.
[KS1] If not a legal obligation to participate (see below), not the entrepreneur is obliged, in a dispute resolution procedure. For the sake of Transparency, the trader must point out, however, that he will not participate in a dispute resolution procedure.
Companies with ten or more persons (are those heads) as of 31.12. for the previous year shall, in accordance with section 36 of VSBG is still a duty to provide information about
:· that the business is obligated or willing to participate in a dispute resolution process, and
· the competent consumer arbitration body.
The obligations according to §§ 36, 37 VSBG apply from the 01.01.2019.