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| General terms and conditions of business Status: January 2008 Sebastian Rasch Mitchell and Mocca eShop Darmstädter Str. 11 64521 Groß-Gerau E-Mail: info@mitchellandmocca.com Tax Number: 021 859 32251 § 1 Applicability 1.1. We perform the deliveries, services and offers of mitchellandmocca.com, represented by Mr. Sebastian Rasch (called seller in the following) at the Mitchell and Mocca eShop exclusively based on these general terms and conditions of business. § 2 Conclusion of contract 2.1. Our prices are including the actual value added tax. 2.2. All prices at the Mitchell and Mocca eShop are special internet prices. They are valid only for an order via internet. 2.3. The conclusion of contract takes place with the push of the order button. The buyer gives a binding order for the articles in his shopping basket with that. An order confirmation takes place immediately after the transfer of the order. The contract is concluded with the receipt of the order confirmation and the delivery of the product. 2.4. In case of a delivery abroad the client may have to pay taxes and fees, f. e. customs. The necessity and height of such payments are determined by the country and cannot be influenced by the seller. The seller hereby declares in explicit form that he will not share these costs. The information about these costs is duty of the client. 2.5. Additional agreements, changes and additions as well as special agreements are only valid if they are confirmed in written form. This formal requirement may only be excluded in written form. § 3 Delivery and shipping conditions, retention of title 3.1. The delivery of the sold articles takes place exclusively by shipping to the delivery address submitted by the client at the Mitchell and Mocca eShop. If the client wants another delivery address, he has to change it in his account or announce this to the seller in written form, also via e-mail and it must be confirmed by the seller. 3.2. All prices- if not agreed otherwise- are not including freight, postage and insurance. This means that there are additional costs for the delivery and shipping both within Germany and abroad. The height is defined by the amounts indicated with the offer. You may find a delivery price list under this link. 3.3. The usual delivery period begins with the conclusion of contract (see 2.4.) and is 14 working days. 3.4. The delivery is usually insured by the seller. 3.5. In case of a delivery to a consumer the danger of an accidental destruction or impairment of the sold product is transferred to the client with the handing over of the product. 3.5.2. The default of acceptance has the same consequences as a handing over of the product. 3.6. The delivered product remains property of the seller until the product is fully paid. (retention of title) § 4 Delivery costs Within Germany 4.1. For each delivery within Germany we account a delivery fee of 2,50 € in addition to 1,40 € for packaging and insurance. 4.1.2. Each delivery with a value of more then 75 € is free of delivery fees. Abroad 4.2. You may only order if you accept prepayment. 4.2.1. The delivery fee for a delivery within Europe is different for each country. You may find a price list under this link. Cash on delivery 4.3. Cash on delivery is not possible and is not offered. Bill 4.4. A delivery on account is possible under certain circumstances, mentioned in paragraph 5. § 5 Payment 5.1. The prices at the time of order are valid. All prices include the value added tax at the legal amount. 5.2. You may pay at your choice by prepayment, on account (after your second order) or by paypal. 5.3. If you choose to pay on account you have to pay the bill- on the basis of a successful credit assessment during the order process- 14 days after the receipt of the products. If you have send back certain products, the amount of the bill will be reduced for the price of the returned products. 5.4. If you are in default of payment, the Mitchell and Mocca eShop is entitled to claim overdue fines to an amount of 3 € and default interest as defined by the law in addition to handling charges: In case of a default of payment the client is obligated to pay all costs, charges and outlays necessary for the appropriate collection of our claim. The costs for the collection include, not affected by a duty to refund defined by procedural law, all extrajudicial (standard rate) costs for a concessionary debt collecting agency or a lawyer. 5.5. Mitchell and Mocca eShop reserves the right, in case of a negative credit or address assessment, to allow only certain ways of payment. 5.6. A payment by the posting of money or cheques is not possible. We exclude a liability in the case of a loss. 5.7. A cash discount deduction is not possible. 5.8. In certain cases we reserve the right to make the delivery dependent from an initial payment. We will inform the client in advance and clear the details with him. § 6 Warranty In case of a defective product the legal warranty regulations are applicable. The warranty rules are not applicable if the defect was caused by improper use or treatment of the product, the same is applicable for wanted wearout. § 7 Right of withdrawal/ Instruction of withdrawal 7.1. Right to return: You may return the product without reason within two weeks by sending back the product. The time limit starts with the receipt of the product and of this instruction. The time limit is kept by posting the product on time. In any case the return takes place to our account and risk. The product must be returned to: Mitchell and Mocca eShop - Logistik c/o Pack Solutions Drach GbR Löbauer Str. 60 02625 Bautzen Fax: +49 (0) 3591/679 654-9 Email: support@mitchellandmocca.com 7.2. Exclusion of withdrawal The right to withdrawal is excluded for contracts
7.3. Consequences of return In case of a valid return the mutually received services must be returned and drawn utilisation (f. e. vantages of use) must be paid. Mitchell and Mocca eShop may claim compensation in case of an impairment of the product. This is not applicable if the impairment is the result of an inspection of the product, as it may have taken place in a shop. You may avoid the duty of compensation by not using the product as an owner and by avoiding everything that may lead to an impairment of the product. In case of a return, never stick anything on the original packaging, but use an additional box instead. . End of withdrawal instruction. § 8 Replacement In addition to the right of withdrawal mentioned in paragraph 6 Mitchell and Mocca eShop offers the client the opportunity to replace the product within 14 days after the receipt of the delivery at the following conditions. 8.1. You may return for free every article bought at the Mitchell and Mocca eShop - except underwear and beachwear - within 14 days after the delivery within Germany without giving a reason by using the postage sticker included in the package to the following address: Mitchell and Mocca eShop - Logistik c/o Pack Solutions Drach GbR Löbauer Str. 60 02625 Bautzen Fax: +49( 0) 3591/679 654-9 Email: support@mitchellandmocca.com 8.2. You may use for free the services of the following service provider: DHL. If you use another service provider, you have to take the costs. 8.3. Please keep in mind that the returned product must be in a condition, which is equal to the normal condition of a product tested in a shop and that the original marker must remain at the product. In case of an impairment of the product caused by a wider use we reserve the right to claim compensation. Please read the legally defined instruction of withdrawal mentioned in paragraph 7. 8.4. Please keep in mind that the product may only be returned to the Mitchell and Mocca eShop, not to a shop selling Mitchell & Mocca® and not to one of our stores. § 9 Liability The seller is not liable for damages caused by negligence of him, his representatives or vicarious agents. This is valid regardless of the nature of the claim, especially for default, breach of contract or tort. This limitation of liability is not applicable to damages caused by a violation of life, body or health or by a breach of a fundamental duty of the contract. § 10 Data Protection 10.1. The transferred individual- related data are saved, processed and used by Mitchell and Mocca eShop for the purpose of the fulfilment of contract. All client’s data are saved and processed according the Bundesdatenschutzgesetz (Federal data protection act) and the Teledienstedatenschutzgesetz (Tele services data protection act). Individual-related data including the address and e-mail- address are not transferred to a third person without the explicit and returnable permission. Excluded from this are our service partners, which are in the need of the data to perform the order (f. e. the delivery company and the credit institute responsible for the payment) In these cases the scope of transfer is limited to the necessary information. 10.2. A transfer beside of this takes place only with the explicit permission by the client. 10.3. The client has the right to claim the revision, suspension and deletion of his data for free at any time. Please contact us under info@mitchellandmocca.com or by mail. 10.4. Individual-related data are transferred SSL-encrypted. We are using technical and organisation safety measures to protect the data filed by us against accidental or intended manipulation, loss, destruction or the access by unauthorised persons. § 11 Miscellaneous, jurisdiction 11.1. The law of the Federal Republic of Germany is applicable. For consumers, which are not concluding the contract for professional or commercial reasons, this forum shopping is only applicable if not excluded by obligatory regulations in the country of the consumers residence. 11.2. The applicability of the United Nations Convention for the International Sale of Goods is excluded. 11.3. If a business client has no jurisdiction in Germany or if his residence or habitation is unknown at the time of a legal action, the exclusive jurisdiction for all disputes arising from this contract is at the seat of Mitchell and Mocca eShop. The right of Mitchell and Mocca eShop to raise a claim at the court at another jurisdiction is untouched by this. |
