GENERAL TERMS AND CONDITIONS
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed in the online store of Mutterland GmbH, Poststr. 14-16, 20354 Hamburg (hereinafter referred to as "MUTTERLAND") by the Customer (hereinafter referred to as "Customer"). Within the scope of deliveries, services and offers in the online store of MUTTERLAND, these GTC shall apply exclusively. In relation to entrepreneurs, these GTC shall also apply to all future business relations, even if they are not expressly agreed upon again. Any deviating or conflicting General Terms and Conditions of the Customer are expressly rejected. These GTC can be retrieved from the website and printed out at any time.
2. Packaging and postage costs
For domestic shipping by mail or parcel services, MUTTERLAND charges postage of 4.90 EUR. For shipping outside Germany, the postage charges are 16.90 EUR. If returns are made due to incorrect address information, the return freight costs incurred as well as a processing fee of 10.00 EUR will be charged.
3. Conclusion of contract
3.1 The presentation of the goods in the online store does not constitute a binding application for the conclusion of a purchase contract.
3.2 As soon as the Customer clicks on the button "Order subject to payment", he submits a binding purchase offer.
3.3 Upon receipt of the purchase offer, the Customer will receive an automatically generated e-mail in which MUTTERLAND confirms receipt of the order. A contract is not yet concluded by this confirmation of receipt. A contract for the purchase of the goods will only be concluded when MUTTERLAND expressly declares its acceptance of the purchase offer or sends the goods to the Customer.
The regular delivery times for incoming orders at MUTTERLAND are 3 to 7 working days within Germany from receipt of the order.
If a supplier fails to deliver to MUTTERLAND, or delivers incorrectly or late, MUTTERLAND will be released from its obligation to deliver on time and in full, provided it is not at fault.
5. Deliveries abroad
Orders for delivery abroad are in principle possible under the conditions of these terms and conditions, but delivery times and shipping itself must be agreed individually and in writing. In the online store, delivery within the EU is possible.
6.1 Payment shall be made either by credit card or by immediate bank transfer. The invoice amount will be charged to the Customer's credit card account by the service provider of MUTTERLAND when the order is placed.
6.2 In order to ensure the greatest possible data protection, the Customer's bank data will not be transferred to MUTTERLAND. In the event of a revocation pursuant to clause 7 below or any other reversal, the Customer will provide MUTTERLAND with a means of payment for reimbursement.
7. Canellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (MUTTERLAND GmbH, Poststraße 14-16, 20354 Hamburg, Tel:040-280950614, Email: beratung@MUTTERLAND.de) by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Exclusion of the right of revocation
The right of revocation does not apply to contracts,
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts;
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
8. Perishable goods / best before dates
MUTTERLAND offers a variety of food products that are handmade in small manufactories with selected ingredients and mostly without the use of preservatives. Such goods have short shelf lives and should be consumed quickly as they are perishable. According to the above point 7, the right of withdrawal for these goods may be excluded, so that a return may not be possible.
9. Youth Protection Act
In accordance with the provisions of the Youth Protection Act, MUTTERLAND does not send any alcoholic beverages or foodstuffs to children and young people under the age of 18. Verification of the age of majority is reserved.
11.1 Unless expressly agreed otherwise, warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB) and the relevant statutory provisions.
11.2 If the Purchaser is an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- the Purchaser shall be obliged to inspect the goods for defects without delay and with due care and to notify us of any obvious defects within 7 days of receipt of the goods. In order to meet the deadline, it is sufficient to send the notification in due time to the address stated under item 1. of these General Terms and Conditions. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
- In the event of defects, MUTTERLAND shall, at its option, provide warranty by repair or replacement (subsequent performance). In the event of subsequent performance, MUTTERLAND shall not be obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
- if the subsequent performance fails twice, the customer may, at his option, demand a reduction in price or withdraw from the contract.
- the warranty period shall be one year from delivery of the goods.
11.3 In the case of perishable goods, MUTTERLAND will only be able to process complaints quickly and unbureaucratically if the Customer raises them immediately after discovery of the defects so that MUTTERLAND can verify their justification.
11.4 In the case of wines, natural precipitations such as crystals or tartar do not constitute deviations from the contractually agreed scope of performance and thus do not constitute defects.
Prices are quoted in EURO. Unless expressly provided otherwise, the prices included in the goods offered by MOTHERLAND include the statutory VAT of 7% and 19%, the sparkling wine tax and normal packaging. Shipping costs are governed by clause 2. of these Terms and Conditions.
13.1 If the Customer is a consumer, MUTTERLAND's liability in case of a slightly negligent breach of duty shall be limited to the foreseeable, direct average damage typical for the type of goods. This shall also apply in case of slightly negligent breaches of duty by employees, representatives or vicarious agents of MUTTERLAND.
13.2 If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, claims for damages shall be excluded irrespective of the type of breach of duty, including tortious acts, except in case of intentional or grossly negligent acts. In the event of a breach of material contractual obligations, MUTTERLAND shall be liable for any negligence, but only up to the amount of the foreseeable damage. Claims for loss of profit, saved expenses, from claims for damages by third parties as well as for other indirect and consequential damages cannot be demanded.
13.3 To the extent that MUTTERLAND's liability is excluded or limited pursuant to Clause 12.2, this shall also apply to MUTTERLAND's employees, representatives and vicarious agents.
13.4 The limitations and exclusions of liability under Clauses 12.1 and 12.2 shall not apply to claims arising from fraudulent conduct by MUTTERLAND or to liability for guaranteed characteristics, to claims under the Product Liability Act or to damages resulting from injury to life, body or health.
14. Retention of title
14.1 The goods shall remain the property of MUTTERLAND until the purchase price has been paid in full.
14.2 If the Customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following shall apply in addition:
- MUTTERLAND retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to the goods subject to retention of title, pledging or assignment as security is not permitted.
- The customer may resell the goods in the ordinary course of business. In this case, the Customer already now assigns to MUTTERLAND all claims in the amount of the invoice amount accruing to it from the resale. MUTTERLAND accepts the assignment, but the Customer remains authorized to collect the receivables. If the Customer fails to duly meet its payment obligations, MUTTERLAND reserves the right to collect claims itself.
- In the event of any seizure of the goods subject to retention of title by third parties - in particular by way of execution - the Customer shall point out MUTTERLAND's ownership and notify MUTTERLAND without undue delay so that MUTTERLAND can enforce its ownership rights. To the extent that the third party is not in a position to reimburse MUTTERLAND for the judicial or extrajudicial costs incurred in this connection, the Customer shall be liable for such costs.
15. Final Provisions
15.1 The Customer may only set off claims that are legally binding or undisputed. Assignment of claims of the Customer against MUTTERLAND is not permitted.
15.2 These Terms and Conditions and the entire legal relationship between MUTTERLAND and the Customer shall be governed by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
15.3 If the Customer is a merchant, a legal entity under public law or a special fund under public law, Hamburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
15.4 Should any provision in these Terms and Conditions or any provision within the scope of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.
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