General Terms and Conditions of Business
From Mediterraneo / Manfred Linke
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase agreement is concluded with Mediterraneo, Manfred Linke.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the contract are German, English and Dutch.
We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.
4. Terms of delivery and delivery time
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver in transit. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
Unless otherwise agreed, our deliveries are "free curbside". In principle, therefore, we are not obliged to transport the goods to a specific property, building or within a building.
The scope of our deliveries is determined according to our information in the shipping confirmation. We are not obliged to provide assembly services.
The packaging of the goods is subject to our due discretion.
Partial deliveries are permissible if the delivery of the remaining ordered goods is ensured and the partial delivery is reasonable for the customer, in particular no significant additional expenses or additional costs arise.
Delivery times specified by us are always approximate and may therefore be exceeded by up to five working days (Monday to Friday). This does not apply if a fixed delivery date has been agreed.
Delivery times or delivery dates specified by us or agreed with us refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport. In any case, the delivery period is adhered to if the delivery item has left our factory / warehouse by the time the order has expired or if it is picked up by the purchaser, our readiness for dispatch has been communicated to the purchaser.
Delivery times specified by us or agreed with us begin on the day of receipt of the full invoice amount, incidentally with the conclusion of the purchase contract.
If we have not specified a delivery date and also no delivery date or agreed otherwise, a shipment within four weeks is agreed.
If the ordered goods are not deliverable, because we are not supplied by our supplier without our fault, despite its contractual obligation, the delivery period is extended until delivery by our supplier plus a period of three working days (Monday to Friday), but no more than one Period of four weeks. In this case, we will inform the purchaser immediately of the extension of the deadline.
If the goods in the cases for the foreseeable future is not available from our supplier, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and immediately reimburse services already rendered.
In cases of force majeure (for example, natural disasters, war, civil war, terrorist attack), the delivery period is extended by the duration of the resulting performance disruption. If force majeure leads to a delay of more than three months, both parties are entitled to withdraw from the contract; In this case, services already rendered must be returned immediately. Other legal rights of withdrawal remain unaffected.
If the customer is in default of acceptance, the statutory provisions apply. In particular, the customer has to reimburse us for the additional expenses actually incurred and objectively required. Further claims are reserved.
When selecting the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
is an instant remittance service. You will be redirected to an SSL-secured page and enter your pin and tan there for sale.
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the money order and after your legitimacy as the legitimate cardholder. You'll get more information during the ordering process.
If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the money order you give PayPal a direct debit mandate. You will be informed about the date of the account debit by PayPal (so-called Prenotification). Upon submitting the direct debit mandate immediately after the payment order has been confirmed, PayPal will request its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
8. Warranty and Guarantees
Obvious defects, such as obvious material or manufacturing defects or obvious transport damage, must be reported to us immediately. Upon delivery, you are obliged to inspect the goods immediately and with due care for transport damage and quantity deviations.
Damage and quantity deviations must be noted in writing on the delivery note and confirmed in writing by the freight forwarder on the delivery note. Unfortunately, subsequently indicated damages can not be acknowledged. Please note that the freight forwarder is obliged to wait for this visual inspection.
Should costs be incurred for refusal of acceptance without our consent, even in the case of transport damage, these costs shall be borne by the buyer. The goods shall remain the property of Mediterraneo until full payment has been received.
In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
We must give us the time and opportunity required for the owed supplementary performance and, in particular, hand over the rejected goods for examination purposes after consultation with us.
The expenses necessary for the purpose of the examination and supplementary performance, in particular transport, travel, labor and material costs, are borne by us (§ 439 Abs. 2 BGB). However, if a defect removal request turns out to be unjustified, we may demand compensation for the costs incurred in accordance with the statutory provisions.
As a rule, the place of delivery to which you or a third party named by you, who is not the carrier, has taken possession of the goods, is the place of performance for our services. If supplementary performance at the place of performance can not be provided or only insufficiently provided, it shall be considered reasonable for the purchaser to send us the rejected goods.
For used goods and so-called B-Ware, which is not sold as new, the warranty period is 12 instead of the valid for new goods 24 months. This limitation does not apply to liability for injury to life, limb or health resulting from a negligent or intentional breach of duty by Mediterraneo Manfred Linke or one of your authorized representatives. Defects expressly referred to in the description and any age-related defects typical of a product are subject to a full disclaimer.
Mediterraneo guarantees the agreed quality of the delivered goods. Any further warranty is excluded.
For defects / damage caused by improper use / assembly or due to non-compliance with installation and / or operating instructions, no warranty or liability.
Should third-party products be added to the goods supplied by Mediterraneo as accessories or otherwise be used, Mediterraneo will not be liable or liable for these parts. Also excluded from the warranty are parts that come into direct contact with the fire.
There is no guarantee for damages resulting from improper installation, improper care, improper connection, natural wear or replacement materials.
Claims for defects do not exist, with insignificant deviation from the agreed quality, with only insignificant impairment of usability, natural wear and tear or damage after the transfer of risk due to faulty or negligent treatment, excessive use, unsuitable equipment or defective construction or due to special external influences arise (rain, frost), which are not required under the contract. If the customer or a third party does not follow operating or maintenance instructions, changes or repairs have been made improperly, parts have been replaced or materials have been used which do not conform to the original specification, then there are no claims for defects for these and the resulting consequences.
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions (instructions for use) can be found on the product or on special information pages in the online shop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
injury to life, body or health, in case of intentional or grossly negligent breach of duty, with guarantee promise, as far as agreed, or as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with the Trusted Shops legal copy in cooperation with Wilde Beuger Solmecke lawyers.