General terms and conditions with customer information
(The following terms and conditions also contain legal information about your rights according to the regulations on contracts in distance selling and electronic business transactions).
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery and availability of goods
6. transfer of risk
7. terms of payment
8. retention of title
9. warranty for material defects and guarantee
10. liability
11. storage of the contract text
12. data protection
13. platform for online dispute resolution, participation in dispute resolution proceedings
14. place of performance, place of jurisdiction, applicable law and contractual language
1. scope of application
1.1 For purchase contracts between MOROTAI GmbH, Carl-Zeiss-Str. 4, 75217 Birkenfeld, Germany (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") via the Morotai Online Shop ( https://morotai.de/ ), the following General Terms and Conditions of Business (AGB) apply, regardless of whether the customer orders the goods as a consumer or as an entrepreneur.
1.2 You can reach our customer service for questions, complaints and objections on working days from 10:00 to 17:00 on 07231/37401 90 and by e-mail at info@morotai.de .
1.3 A consumer in the sense of § 13 BGB is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. Entrepreneur in the sense of § 14 para. 1 BGB is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding the contract.
1.4 Deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity. These General Terms and Conditions shall also apply if the Seller makes a delivery to the Customer without reservation in the knowledge of the Customer's conflicting or deviating terms and conditions.
1.5 Any additional or deviating agreements to these GTC that are made between the seller and the customer for the execution of a contract must be set out in writing. This also applies to the cancellation of this written form requirement.
1.6 Rights to which the seller is entitled according to the statutory provisions beyond these GTC remain unaffected.
2. offers and service descriptions
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. In all other respects errors are reserved.
3. order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button "add to cart". Afterwards, the Customer can proceed to the conclusion of the ordering process within the shopping cart by clicking on the button "Continue to checkout".
3.2 By clicking the button "Order subject to payment" the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic acknowledgement of receipt by
e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the vendor has received the customer's order and does not constitute acceptance of the request. The sales contract is only concluded when the seller confirms the dispatch of the goods to the customer by means of a separate e-mail or by dispatching the goods.
3.4 If a delivery of the ordered goods is not possible, for example because the corresponding goods are not in stock, the seller refrains from a declaration of acceptance. In this case a contract is not concluded. The seller will inform the customer of this without delay and refund any consideration already received without delay.
4. prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. delivery and availability of goods
5.1 If advance payment has been agreed upon, delivery shall be effected after receipt of the invoice amount.
5.2 The seller is entitled to make partial deliveries, provided this is reasonable for the customer.
5.3 The goods are delivered to the delivery address specified by the customer. Unless otherwise agreed, the goods are usually dispatched to the customer within 1 to 3 working days after conclusion of the contract and receipt of payment. This does not constitute a binding delivery period.
5.4 If the delivery of the goods to the delivery address specified by the customer fails despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay, whereby the seller may deduct any damage suffered.
5.5 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product and the hindrance lasts longer than 2 months, both parties are entitled to withdraw from the contract. Further rights remain unaffected.
5.6 Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate Information page or within the respective product description.
6. transfer of risk
6.1 If the customer orders the goods as a consumer, the risk of accidental loss and accidental deterioration shall pass to the customer upon delivery of the sold goods. It is the same with the handover if the customer is in default of acceptance.
6.2 If the customer orders the goods as an entrepreneur and unless expressly agreed otherwise, delivery shall be "ex works" (EXW according to Incoterms® 2010), i.e. the risk of accidental loss or accidental deterioration of the goods shall pass to the customer as soon as the goods have been handed over to the person performing the transport.
7. terms of payment
7.1 Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. A payment shall be deemed to have been made when the Seller can dispose of the amount.
7.2 The customer can choose from the available payment methods within and before the completion of the order process.
7.3 As a rule, the following payment methods are available to the customer:
7.3.1 Payment in advance: With the payment method prepayment the customer transfers the invoice amount to the account of the seller named in the order confirmation. As soon as the invoice amount has been credited to the seller's account, the goods will be shipped to the customer.
7.3.2 Payment via Paypal: The customer pays the invoice amount via the online provider PayPal. The customer has to be registered with PayPal or has to register, legitimize with his access data and confirm the payment order to the seller. The seller pays the fees of PayPal. As soon as the invoice amount has been credited to the seller's account, the goods are shipped to the customer.
7.3.3 Payment by credit card: When paying by credit card (VISA, Mastercard), the customer sends his credit card details to the seller. After receipt of the credit card data, the goods are sent to the customer.
7.3.5 Payment by immediate bank transfer: With the payment method immediate bank transfer, the customer transfers the invoice amount to the seller immediately after the order process. As soon as the seller has received a payment confirmation from the customer's account-holding bank, the goods are sent to the customer.
7.3.4 Payment by invoice: The seller also offers customers who are consumers the option of payment by invoice in cooperation with Klarna AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). When paying by invoice with Klarna, the customer first receives the goods and must pay the invoice within 14 days of receipt. In this case, payment is made to Klarna. Payment by invoice with Klarna is free of charge for the customer.
7.4 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
8. retention of title
The seller reserves the right of ownership of the delivered goods until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
9. warranty for material defects and guarantee
9.1 The warranty is determined by the statutory provisions.
9.2 A guarantee only exists for the goods delivered by the seller if it has been expressly given.
9.3 If the customer orders the goods as a consumer, the limitation period shall be two years, otherwise one year. The period of limitation begins with the delivery of the goods. It also applies to claims in tort based on a defect in the goods.
10. liability
10.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.
10.2 The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. storage of the contract text
11.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions of Business together with the revocation instruction and the notes on shipping costs as well as delivery and payment conditions. If the customer has registered in the seller's online shop, he can view the orders placed in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.
12. data protection
12.1 The Seller shall use the personal data provided by the Customer (such as name, address, e-mail address, telephone number, account number and bank code) in accordance with the provisions of the Data Protection Act.
12.2 All personal data will be treated confidentially. The personal data necessary for the business transaction will be stored by the seller and used for the processing of orders, administration of the customer relationship, delivery of goods, processing of payments and averting of bad debts as well as, if necessary, passed on to service partners that the seller uses for the processing of the contract (such as forwarding companies or credit institutions). Furthermore, data may be used for our own advertising and marketing purposes, e.g. for sending written advertising information. The seller may use the customer's e-mail address to send advertising offers if the customer has not objected to this. Insofar as the consent of the customer is required for this, the seller shall obtain this in advance. A promotional approach by telephone is also only made if the customer has given his express consent.
12.3 The customer may at any time by notice to
MOROTAI Ltd.
Carl-Zeiss-Str. 4
75217 Birkenfeld
Phone: +49 (0) 7231 / 37401 90
Fax: +49 (0) 7231 / 37401 64
e-mail: info@morotai.de
object to the use and processing of his data for his own advertising and marketing purposes and, if applicable, object to any consent granted for the use of your data.
12.4 Further information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the Privacy policy .
13. platform for online dispute resolution, participation in dispute resolution proceedings
13.1 Under current law, the seller is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution Platform can be found here http://ec.europa.eu/odr
13.2 The seller is not obliged to take part in a dispute settlement procedure before a consumer arbitration body and has therefore decided not to participate voluntarily
14. place of performance, place of jurisdiction, applicable law and contractual language
14.1 The place of performance is Birkenfeld.
14.2 The exclusive place of jurisdiction for all claims against entrepreneurs arising from the business relationship is the registered office of the seller. The Seller is also entitled to bring an action at the registered office of the ordering entrepreneur as well as at any other permissible place of jurisdiction.
14.3 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer orders the goods as a consumer and has his habitual residence in a country other than Germany at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law.