Terms of Mountine GmbH
§ 1 Scope
(1) The following terms and conditions contained between the customer and the company Mountine GmbH, represented by the managing director Sabina White, Kurfürstendamm 45, 10719 Berlin, current conditions only to the extent that these are not modified by individual agreements between the parties. The terms and conditions apply to all legal relations that are closed as part of the online shop of Mountine GmbH www.mountine-kids.com. Contracts as defined by both private individuals, ie consumers § 13 BGB, as well as commercial customers, i.e., Entrepreneurs i.S.d. Civil Code § 14 - hereinafter referred to collectively as "Customers" - completed.
(2) The Customer acknowledges the validity of these Conditions during the ordering process by clicking "I accept the Terms to the attention ..." and posted them to the completed order. Opposing or deviating conditions recognized by the present conditions of the customer Mountine GmbH shall not, unless prior express consent Mountine GmbH has its validity.
§ 2 Conclusion of Contract and order process
(1) The presentation of goods on the website of Mountine GmbH is not a binding offer within the meaning of Mountine GmbH § 145 BGB dar. Only the ordering of goods by the customer is a binding offer in accordance with § 145 BGB.
(2) The contract between Mountine GmbH and the customer on the customer selected in the cart and brought in goods is caused by filling out the order form provided on the website and sending this form by clicking "Submit" or by pressing the " Enter "button (binding offer by the customer) on the one hand and by accepting this offer by Mountine GmbH by sending an acceptance to the customer in the order specified e-mail address and receipt of this declaration in which the address associated with e-mail inbox the customer, on the other hand, the latest with delivery of the goods ordered.
(3) The automatic order confirmation to the customer after receipt of the order Mountine GmbH does not constitute acceptance of the contract offer dar. The automatic order confirmation contains among others the information of the consumer's right of withdrawal in writing.
(4) Any typing errors in placing the order can identify the customer in the final confirmation before checkout and adjust using the delete and change function as well by pressing the "Back" function of the Internet browser before sending the order at any time. The contract will not be saved by Mountine GmbH, the customer can achieve these Conditions at any time to view the sub-category "Terms" from the Home and. The customer has the option to print out these terms with the "print" function of the Internet browser or the Web page to save locally.
(5) are concluded exclusively with the company Mountine GmbH.
(6) The contract language is German.
§ 3 Prices / Payment
(1) shall be the most time of the order specified on mountine-kids.com prices. These prices are from Mountine GmbH and are in EURO. These prices are gross prices, ie including the gem respective statutory sales tax rate and excluding any applicable shipping costs. Para 2
(2) Excluding the estimated prices shown Mountine GmbH shipping costs in the individual from the home page to reach sub-category 'payment and delivery "can be removed. Costs for missed delivery and shipments sent freight collect returns will be retrofitted with 20, - € charge made.
(3) The purchase price is due immediately upon accepting the order. The customer can make payment in advance, "Instant Transfer", "PayPal" or by cash.
(4) If the customer defaults on payment, is Mountine GmbH in the commercial business is entitled to charge default interest amounting to 8 percentage points above the prevailing base rate of the ECB, in contracts with consumers, the interest rate is 5 percentage points above the prevailing base rate of the ECB is .. Each party to prove a different loss.
§ 4 Delivery, partial delivery, self-delivery of title
(1) Unless otherwise agreed, the delivery from warehouse Mountine GmbH or one of its suppliers to the customer's delivery address.
(2) If not controlled for individual items on the supply side of each specific delivery times, delivery is made within 1-4 business days.
(3) The right to reasonable partial deliveries remains Mountine GmbH expressly reserved.
(4) If the supplier will not deliver Mountine with the goods ordered by the customer, Mountine GmbH is entitled to resign, unless Mountine GmbH takes extent at fault. In this case GmbH Mountine the customer immediately to inform you that the product is not available. Should the purchase price to be paid already, it shall refund the customer Mountine GmbH him immediately. The above subject to self-supply as well as the related right of rescission applies, unless the customer is a consumer within the meaning of § 13 BGB, just in case that was closed with a concrete cover business suppliers, the suppliers Mountine GmbH has so far let down and not responsible for any incorrect Mountine GmbH or non-delivery has.
§ 5 Right of withdrawal within the meaning of § 13 BGB
If the customer is consumer i.S.d. § 13 BGB, he is entitled to a right of withdrawal.
You may cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline expired - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg advantages), or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Transportable items are to be returned at our risk. You have to bear the costs of returning the goods if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing is not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods for us with their receipt.
Applies when returning from overseas delivered products differently according to Article 6 of the Distance Selling Directive, the following: The direct cost of returning from abroad the buyer.
The right of withdrawal according to § 312 para 4 No. 1 BGB does not apply to contracts for delivery of goods that are produced according to customer specifications or clearly tailored to personal needs.
End of the cancellation
§ 6 Return costs upon withdrawal
In case of cancellation according to the above § 5, the customer has to bear the cost of return shipment if the delivered goods ordered and if the price is not the case returned an amount of 40 € exceed or if the customer for a higher price, the time of withdrawal has not yet provided the consideration or a contractually agreed part payment. Otherwise, the return for the customer is charged.
§ 7 Retention of title
(1) The goods until payment in full by the Customer ownership of Mountine Inc. In commercial transactions, the ownership of the purchased goods until the receipt of all payments from the ongoing business relationship with the customer.
(2) Before transfer of a pledge, transfer, processing or alteration without the express consent of Mountine GmbH is not allowed.
(3) If the customer with a payment wholly or partly in arrears, he makes his payments and otherwise reasonable doubts arise about its solvency or credit worthiness, then he is not entitled to dispose of the goods. Mountine GmbH, in such a case, the authority to collect the customer withdraw to the consignee. Mountine GmbH is then entitled to request information about the consignee, notify them of the transfer of receivables to collect Mountine GmbH and the customer's claims against the consignee.
§ 8 Retention
(1) The customer may set off only those claims that are undisputed, legally established or disputed, however, are ready for decision.
(2) A lien is the customer only if it is based on the same contract.
§ 9 Property and Legal Liability for defects
(1) If the customer is a consumer i.S.d. § 13 BGB, he is entitled in case of a defect or a defect within the scope of legal regulations to demand supplementary performance, after failed subsequent performance of the contract, to reduce the purchase price or in case of fault to be claimed on the part of Mountine GmbH damages .
(2) If the customer is a company i.S.d. § 14 BGB, the following restrictions apply: In the case of the existence of a defect or a defect is Mountine GmbH is entitled to choose between repair or replacement. Defects and defect claims by entrepreneurs expire within 12 months.
(3) Any claims of material and legal defects are liable only to the customer as a direct contractor of Mountine GmbH and are not transferable.
§ 10 Liability
(1) For other than loss of life, limb and health damage Mountine GmbH is liable only if these are on the intentional or grossly negligent act or negligent breach of a contractual obligation (so-called "obligation", ie an obligation whose fulfillment the proper execution of the contract in the first place and on its compliance with the contractual partner can trust and be trusted) by Mountine GmbH or its vicarious agents. The provisions of the Product Liability Act remain unaffected, remains beyond the unlimited liability for fraudulent concealment of a defect, for an explicitly guaranteed quality as well as for personal injury.
(2) If Mountine GmbH negligently violated a contractual obligation to pay compensation for damage to the typically foreseeable damage.
(3) Data communication via the internet, considering the current state of the art is not error-free and / or available at all times be ensured. Mountine GmbH takes no responsibility for the continuous and uninterrupted availability of their online stores or other technical or electronic errors, on the Mountine GmbH has no influence. If links to other websites or resources are created, Mountine GmbH for the availability of such external sites or resources not responsible or liable. Mountine GmbH does not create content that is accessible on such websites or resources, does not endorse and disclaims any liability or guarantee in relation to this, unless and until there is no knowledge of the illegality of the content.
(4) Mountine is not liable for the loss of data if the damage would not occur with proper data security the responsibility of the customer. Of a proper data backup is then assumed if the customer's inventory data at least weekly demonstrably in machine readable form and ensures that ensures that this data can be made with reasonable effort. The liability of Mountine GmbH for the loss of data is limited to the typical recovery effort, which would have occurred with proper data backup.
§ 11 Data Protection and Final Provisions
(1) The customer's personal data provided (name, address, e-mail address, telephone number, fax number, birth date, etc.) are within the legal regulations of data protection law, especially those of the Federal Data Protection Act (BDSG) and the Telemedia Act ( TMG uses). The customer's personal data provided to the extent they are necessary for the establishment, content or modification of the contractual relationship (inventory data) are exclusively for the processing of used between the client and Mountine GmbH contracts, such as the delivery of goods to the customer specified address.
(2) If any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining contract. Instead of the invalid provisions, the relevant statutory provisions.
Stand: 17 September 2011