General terms and conditions
General terms and conditions (T&Cs) NOTENVERSAND KURT MAAS GMBH & CO. KG
§ 1 Scope, definitions
(1) For business relations between Notenversand Kurt Maas GmbH & Co. KG and the purchaser, the following general terms and conditions shall apply exclusively in their form valid at the time of order placement. The seller does not recognise any agreements offered by the buyer which deviate from these terms other than those agreed expressly in writing by the seller. Our general terms and conditions shall apply, even in the event that we perform the delivery without reservation whilst aware of the buyer’s opposing or varying terms.
(2) The buyer is deemed to be the consumer whenever he/she concludes a legal transaction for purposes which cannot be mainly attributed to either their commercial or independent professional activities. On the other hand, any natural or legal person or partnership is deemed to be the contractor, if, by entering into the agreement, they are engaging in their commercial or independent professional activities.
§ 2 Conclusion of contract
(1) The presentation and advertising of products in our online shop does not constitute a legally binding offer for the conclusion of a contract, but is a non-binding online catalogue. You can select products from our online catalogue and add them to a virtual shopping cart by clicking on the ‘Add to shopping cart’ button. By clicking on the ‘Buy now’ button, you are making a binding order for any products contained in the shopping cart.
(2) Your order for products contained in the shopping cart can only be placed and received, however, upon your acceptance of these terms and conditions by ticking the checkbox next to the ‘I have read and understood your terms and conditions’ field, and this will thereby form part of your submitted binding order. You will automatically receive an immediate notification of receipt of your order on your device screen. This automatic acknowledgement of receipt is purely for information purposes and does not, however, constitute an acceptance of a contract. The purchase agreement shall become effective upon our acceptance of the offer for the conclusion of a purchase agreement contained in your order, by the sending of a separate e-mail entitled ‘Order confirmation’. As soon as the ordered goods have been dispatched from our warehouse, you will receive a further e-mail confirming the conclusion of a contract and describing the contract terms, as well confirming the shipment (‘Contract and shipping confirmation’).
§ 3 Cancellation rights
The following cancellation rights apply for consumer orders:
You have the right to cancel this agreement within 14 days without giving any reason. The cancellation period will expire 14 days from the date on which you or a third party designated by you, other than the consignor, take physical possession of the final goods.
In order to exercise your cancellation rights, you must notify us (Notenversand Maas GmbH & Co KG, Eugen-Friedl-Str. 3a, D-82340 Feldafing, Germany, Telephone: +49 (0) 8157 / 99 795 0, Fax: +49 (0) 8157 / 99 795 15, E-Mail: [email protected]) of your decision to cancel this agreement. For this purpose, you can use the attached sample cancellation form which is, however, not obligatory.
In order to comply with the cancellation period, it is sufficient if you send us your cancellation notice before the expiry of the cancellation period.
Consequences of cancellation:
If you cancel this agreement, we will refund all payments received from you including delivery costs (excluding additional costs arising from your decision to use a form of delivery other than the standard, low-cost delivery offered by us), with immediate effect and at the latest within 14 days of the date of receipt of your cancellation notice for this agreement. We will use the same payment method for the refund that was used for the original transaction unless otherwise expressly agreed with you; under no circumstances will you be charged an additional fee due to this refund.
You must return or surrender the goods without undue delay and, in any case, within 14 days of the date of your cancellation notice at the latest. The cancellation period is deemed to have been observed if you return the goods within a period of 14 days.
The actual costs for the return will be borne by you. You must only pay for any loss of value to goods if, upon examination of the condition, quality and functionality of the goods, this loss of value is the result of any unnecessary handling by you.Download sample cancellation form as PDF
Right of cancellation exclusion:
There are no cancellation rights for agreements relating to the delivery of sealed audio or video recordings or for software if the delivered data medium has been unsealed by you.
§ 4 Subject to availability
We reserve the right to decline your order if the ordered title is out of stock with the publisher and the ordered goods are unavailable as a result. In this case, we will inform you immediately of the item’s unavailability and, where appropriate, you will be immediately refunded any monies paid towards the purchase cost.
§ 5 Pricing and shipping costs
(1) The pricing valid at the time of the order shall apply. All prices are quoted as final prices in EUR and are inclusive of statutory VAT. For deliveries to non-EU countries and business customers who are VAT-registered within the EU, the VAT percentage will be deducted from the order price, provided that the relevant VAT registration number is indicated on the order.
(2) Free delivery applies to orders placed within Germany with an order value of EUR 30.00 or greater. For all other orders, the shipping costs illustrated in our shipping costs table shall apply.
Please see here an overview of our shipping costs table: Shipping costs
(3) We are entitled to make partial deliveries, provided this is acceptable to the customer.
(4) If, at the express request of the customer, partial deliveries should be required, any thereby incurred additional shipping costs will be billed separately. In the shopping cart, you have the option of selecting a suitable method of shipment.
§ 6 Payment and delivery terms
(1) Payments will be taken by invoice payment, direct debit, credit card or PayPal. The payment options provided are dependent on the country. Unless otherwise agreed, delivery will take place from our warehouse to the delivery address supplied by the customer. If the customer is a consumer, the shipping risk will be borne by us. If the customer is a business operator, the shipping risk will be borne by the customer.
(2) Product delivery will follow within three (3) working days of the sending of the agreement and shipping confirmation, at the latest.
(3) Please note the minimum order value of € 10.00. A minimum order value of € 5.00 applies to downloadable articles.
§ 7 Offsetting, right of retention of customer, right of retention of Notenversand Kurt Maas GmbH & Co. KG
(1) The customer’s right of offset only exists whenever his / her counter-claims have been legally established or remain uncontested by us. The customer as consumer is also entitled to the right of offset against our claims if he / she asserts a notice of defect or counter-claim from the same purchase agreement.
(2) You are only entitled to exercise your right of retention in so far as your counter-claim is based on the same agreement.
(3) Should the customer, in their capacity as a consumer, cancel the agreement in accordance with § 3 of these terms and conditions, we reserve the right of retention in relation to the refunding of any payments received from the customer until such a time as we have received the returned goods from the customer or the customer has provided evidence that the goods have been dispatched, unless we have agreed to collect the goods.
§ 8 Reservation of proprietary rights
The delivered goods will remain our property until your complete payment of the purchase price receivable.
§ 9 Material defects warranty, guarantee
(1) We shall be liable for any material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB (German Civil Code). For business operators, the warranty obligation is 12 months for any items delivered by us.
(2) An additional guarantee for any goods delivered by us only exists if this was expressly given in the order confirmation for the respective item.
§ 10 Liability
(1) Customer claims for compensation are excluded. This excludes customer claims for compensation arising from loss of life or injury to body or health or essential contractual obligations (cardinal obligations) arising from the injury, as well as liability for other damages based on intentional or grossly negligent breach of duty by us or our legal representatives and agents. Essential contractual obligations are defined as those whose performance is required for the achievement of the agreement objectives.
(2) In the event of a breach of the essential contractual obligations, our liability is limited to foreseeable damages that are typical for this type of agreement if these were caused by us due to simple negligence, unless this concerns compensation claims arising from loss of life or injury to body or health.
(3) The limitations described in sections 1 and 2 also apply in favour of our legal representatives and agents, if any direct claims are made against them.
(4) The provisions of the German Product Liability Law (Produkthaftungsgesetz) remain unaffected.
§ 11 Information regarding data processing
(1) We collect customer data within the scope of the execution of the contract. We thereby pay particular attention to the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) and the Telemedia Act (Telemediengesetz). Without the consent of the customer, we will only collect, process or use inventory and usage data belonging to the customer to the extent necessary for the processing of the contract, or for the usage and billing of telemedia.
(2) Your data will not be used for advertising, marketing or opinion research purposes without your consent.
§ 12 Applicable law and jurisdiction
The law of the Federal Republic of Germany shall apply with the exclusion of the UN Law on International Sales (CISG).
If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction for any disputes arising from the agreement is the court of competent jurisdiction for our company headquarters in Feldafing.
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