1. General
(1) All offers, purchase contracts, deliveries and services of Patrik & Bele Muff GbR, Am Kosttor 2, 80331 Munich with our customers (hereinafter referred to as customers) are subject to these General Terms and Conditions.
All offers, sales contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as customers) via our shop are subject to these General Terms and Conditions of Business.
(2) The range of products offered in our shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions of Business, (i) a consumer is any natural person who concludes the contract for a purpose which cannot be attributed to his commercial or self-employed professional activity (§ 13 of the German Civil Code – BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or self-employed professional activity (§ 14 para. 1 BGB).
(3) Terms and conditions of the customer shall not apply, even if we do not separately object to their validity in individual cases.
(4) Contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English website. If the customer’s order is placed via our German-language website, the German version of these General Terms and Conditions of Business shall apply exclusively. If the order is placed via our English language website, only the English version of these General Terms and Conditions of Business shall apply.
2. Conclusion of contract
(1) Our offers in the shop are not binding and we reserve the right to update the contents at any time.
(2) By placing an order in the shop, the customer makes a binding offer to purchase the product in question. We can accept the offer within 14 days.
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Every customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return policy which is communicated to him in the context of the order in our shop.
3. Prices and payment
(1) The prices stated in the shop at the time of the order shall apply. Our prices include the legal sales tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) The offered articles are presented in the form of digital photographs of the real existing goods. Minor deviations between representation and reality do not constitute a defect of the ordered goods; otherwise, deviations are due to the nature of the item (handicraft).
(3) Unless otherwise expressly agreed, payment shall be made by credit card and Paypal. Details of the payment process can be found on the website of the supplier.
(4) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
4. Dispatch of the goods
(1) Periods and dates specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two working days. This shall not apply if a fixed dispatch date has been agreed.
(2) All delivery periods stated by us in the order or otherwise agreed upon shall commence on the day of receipt of the full purchase price (including value added tax and shipping costs).
(3) The day on which the goods are handed over by us to the shipping company is decisive for compliance with the shipping date.
(4) As far as goods are shown as available in the shop, this only applies “while stocks last”.
(5) If the goods are not available or cannot be delivered in time, we will inform the customer immediately. If the goods are not available in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The legal rights of the customer due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 8 of these General Terms and Conditions.
(6) We shall be entitled to make partial deliveries of separately usable items included in an order, whereby we shall bear the additional shipping costs caused thereby.
5. Shipping, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
(2) We only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us is therefore not binding.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, if we are only responsible for shipment, the risk shall pass to the customer upon delivery of the goods to the transport company.
(4) We shall insure the goods against the usual transport risks at our expense.
6. Retention of title
(1) We reserve title to the goods delivered by us until the purchase price (including value added tax and shipping costs) for the goods in question has been paid in full.
(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
7. Warranty
(1) The warranty is based on the statutory provisions.
(2) The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after sending them. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of the defect being discovered.
8. Liability
(1) Our liability for delay in delivery is – except in the case of intent or gross negligence – limited to an amount of 10% of the respective purchase price (including value added tax).
(3) We shall not be liable (irrespective of the legal basis) for damages which are not typically to be expected in the case of normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence.
(4) The limitations of this § 8 do not apply to our liability for guaranteed characteristics of quality in the sense of the German Product Liability Act. § 444 BGB, due to injury to life, body or health or according to the Product Liability Act.
9. Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.
(2) If the customer is a merchant in the sense of § 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Munich shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.
