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General terms and conditions and customer information


I. General Terms and Conditions


§ 1 Basic provisions


(1)
The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Murmelkiste UG)
via the website www.murmelkiste.com. Unless otherwise agreed, the
inclusion of your own terms and conditions, if applicable.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for
for purposes which are predominantly outside their trade, business or profession.
can be attributed to them. An entrepreneur is any natural or legal person or a partnership with legal capacity who
partnership which, when concluding a legal transaction, acts in the exercise of its independent professional or commercial
commercial activity.

§ 2 Formation of the contract


(1)
The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract for the sale of goods.
binding offer to conclude a contract under the conditions specified in the item description.
conditions.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the
button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions
and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay,
Sofort), you will either be taken to the order overview page in our online store or you will be
will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
enter your data. Finally, you will be redirected back to the order overview page in our online store.
page.
Before submitting the order, you have the opportunity to check all the details again here, to
(also via the "back" function of the Internet browser) or cancel the purchase.
By submitting the order via the "order with obligation to pay" button, you declare
legally binding acceptance of the offer, whereby the contract is concluded.
(4 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract
information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that
the e-mail address you have provided to us is correct, the receipt of the e-mails is technically ensured
and in particular that it is not prevented by SPAM filters.


§ 3 Customized goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online order form.
or files via the online ordering system or by e-mail at the latest immediately after conclusion of the contract.
available. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights,
name rights, trademark rights) or violate existing laws. You expressly indemnify us
expressly indemnify us against all claims asserted by third parties in this connection. This also applies to
the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
liability for errors.


§ 4 Right of retention, retention of title


(1)
You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full.
ongoing business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging
or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign
all claims in the amount of the invoice amount that accrue to you from the resale to us; we accept the assignment.
accept the assignment. You are further authorized to collect the claim. Insofar as you do not
payment obligations, we reserve the right to collect the claim ourselves.
collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in
proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities
realizable value of our securities exceeds the claim to be secured by more than 10%. The selection
of the securities to be released is incumbent on us.


§ 5 Warranty


(1)
The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and
defects and transport damage and to notify us and the carrier of any complaints as soon as possible.
as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the
manufacturer, but not other advertising, public promotions and statements by the manufacturer.
manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or subsequent delivery. If the
If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The
rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the
the nature of the item or the defect or the other circumstances. In the event of
rectification of defects, we do not have to bear the increased costs incurred by moving the goods to a place
place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health
health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods; or
the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and
have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.


§ 6 Choice of law


(1)
German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not conflict with the mandatory
protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not
is withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.


II Customer information

1. identity of the seller

Murmelkiste UG (limited liability)
Schöneicher Str. 49
15566 Schöneiche near Berlin
Germany, Germany
Phone: (+49) 0163-7408555
E-Mail: info@murmelkiste.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform)
available at https://ec.europa.eu/odr


2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options
in accordance with the provisions "Formation of the contract" in our General Terms and Conditions
Terms and Conditions (Part I.).

3 Contract language, contract text storage

3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online
shopping cart system, the contract data can be printed out using the browser's print function or saved electronically.
saved electronically. After we have received the order, the order data, the legally required
information required by law for distance selling contracts and the General Terms and Conditions will be
sent to you by e-mail.


4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5 Prices and terms of payment


5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They
include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be ordered via a correspondingly
button on our website or in the respective offer, are shown separately in the course of the ordering process and are
separately during the ordering process and are to be borne by you in addition, unless free delivery has been
free delivery has been promised.
5.3 If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as
additional costs, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), for which we are not responsible.
exchange rate fees of the credit institutions), which are to be borne by you. Any costs incurred for
costs incurred for the money transfer are also to be borne by you in cases where the delivery is made to an EU member state
but the payment was made outside the European Union.
5.4 The payment methods available to you can be found under a correspondingly labeled button
on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the contract concluded are due for payment immediately.
contract are due for payment immediately.


6 Terms of delivery

6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found
under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold is borne by you.
accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of
to you, regardless of whether the shipment is insured or uninsured. This does not apply if you
independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.


7 Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions
Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund, who specialize in IT law.
and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal
legal certainty of the texts and is liable in the event of warnings. You can find more information on this
at: https://www.haendlerbund.de/agb-service .

Last update: 07.07.2021