Terms and conditions

---

General Terms and Conditions (GTC)

The following general terms and conditions apply to all purchase contracts concluded via our website www.mimozadiamnods.de:

The supplier and contractual partner is:

 

§ 1 Scope of application

The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to the contract concluded between the customer, including its legal successors, and us via the online shop www.mimozadiamnods.de:, including the domains forwarded thereto, for the delivery of the goods offered by us. All our deliveries, services and offers are made exclusively on the basis of these terms and conditions.

 

§ 2 Order and conclusion of a contract

• The presentation of products in the online shop www.mimozadiamnods.de:does not constitute an offer, but only an invitation to place an order. By completing the electronic ordering process via our online shop, the customer can order goods. When one or more products are selected, the latter are placed in the virtual shopping basket. In the shopping basket, all products assigned to it can be viewed. In addition, the number of ordered products can be varied and an ordered product can be removed. By pressing the button "checkout", the customer is requested to enter the information relevant for shipping and to select a payment method. Before completing the order, the customer is shown a summary of all information relevant to the order. The ordering process is completed by pressing the "Buy" button. (please check whether the ordering process is carried out in exactly the same way; change if necessary).
• The order constitutes a binding offer. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept the order by sending a confirmation of dispatch by e-mail or by delivering the goods within five days (adjust if necessary).
• In the absence of any other agreement or announcement, our promotional offers are subject to change.
• If the customer wishes to make changes to the order or has questions regarding the return of the goods, he can contact us by e-mail at (insert e-mail address). We are not obliged to fulfil change requests.

 

§ 3 Prices

For orders, the prices listed online for the products at the time of the order shall apply. All prices listed include the German statutory value added tax and do not include shipping costs.

 

§ 4 Terms of delivery

• We reserve the right to make partial deliveries if this is advantageous for a quick processing and this is reasonable for the customer. If partial deliveries are made, the costs incurred will be borne by us.
• Unless otherwise agreed or stated, the delivery period is 1-2 working days (adjust if necessary; do not choose too short a period).
• If a delivery fails for reasons for which the customer is responsible, the customer will be additionally charged for the reasonable additional costs caused by the new delivery.
• We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and we have taken due care to conclude a specific covering transaction with the supplier. We shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. If events occur which make delivery significantly more difficult or impossible without our involvement - for example strike, lockout, official orders or similar - we shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.
• If the customer makes use of his right of revocation, the return shipment is free of charge for him (adjust if necessary, if not desired).

 

§ 5 Terms of payment

For orders we offer the payment methods credit card (Visa, Mastercard, American Express), PayPal and Sofortüberweisung (adjust if necessary). We reserve the right to exclude certain payment methods.

 

§ 6 Retention of title; set-off; right of retention

We retain ownership of the purchased item until the invoice amount has been paid in full.

The customer shall only have a right of set-off if his counterclaims have been legally established or are undisputed or acknowledged by us, unless the counterclaim is based on the same contractual relationship. Any right of retention shall also only exist if and insofar as the counterclaim is based on the same contractual relationship.

If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

The customer shall notify us immediately of any access by third parties to the goods subject to retention of title. In the event of seizure, the customer shall immediately send us a copy of the seizure report and his own affidavit stating that our retention of title to the seized item still exists.

 

§ 7 Defects, Warranty

The two-year warranty period shall not be extended and shall not start anew by a repair or replacement delivery.

We shall only be liable for damages caused by defects and consequential damages which have not occurred to the delivery item itself in accordance with the limitations set out in § 8 below.

 

§ 8 Liability

For any damage within the framework of the contractual relationship with the customer or its initiation, we shall only be liable, without prejudice to our warranty obligations (§ 7), in the following cases

• in case of intent or gross negligence,
• due to culpable injury to life, body or health,
• due to fraudulent concealment of a defect or
• under the Product Liability Act for personal injury or property damage to privately used objects.

In addition, we shall be liable for culpable breach of material contractual obligations. In this case, however, our liability for simple negligence shall be limited to the reasonably foreseeable (contract-typical) damage at the time of conclusion of the contract.

The above provisions shall apply to the same extent to our vicarious agents and assistants.

 

§ 9 Online Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are not obliged to participate in the dispute resolution procedure (no obligation to participate for gold traders; however, it should be added here whether there is a willingness to participate in a dispute resolution procedure despite the lack of an obligation or not). You can find our e-mail address in our imprint. A list with the contact details of the recognised dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show (only required if there is a willingness to participate).

 

§ 10 Place of jurisdiction

• If the customer has no domicile within the European Union, Koblenz is the place of jurisdiction. The contractual language is German.
• These GTC as well as the entire contractual relationship between us and the customer are subject to German law. However, this shall only apply insofar as the customer is not thereby deprived of the protection granted by mandatory legal provisions of the state in which he has his habitual residence.
• The UN Convention on Contracts for the International Sale of Goods shall not apply.

 

§ 13 Severability clause

If individual provisions in this contract, including this clause, are wholly or partially invalid, or if the contract contains a loophole, the validity of the remaining provisions or parts of these provisions shall remain unaffected.

 

Status: July 2021