GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP OF FEUERSTEIN GMBH
- The following contract terms and conditions (AGB) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of Feuerstein GmbH, Willy-Brandt-Str. 9/2, 77933 Lahr, Germany (hereinafter: MOLOTOW™) under the domain shop.molotow.com.
- These terms and conditions contain specific provisions for customers who are entrepreneurs within the meaning of § 14 of the German Civil Code (hereinafter: ENTREPRENEURS). These specific clauses for business transactions are marked by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of § 13 of the German Civil Code.
- MOLOTOW™ does not accept any deviating general terms and conditions of the customer unless MOLOTOW™ has expressly and in writing agreed to them.
CONCLUSION OF CONTRACT
- The CUSTOMER can add the desired products to the shopping cart by clicking the corresponding button and then initiate the ordering process by clicking the shopping cart. Within the ordering process, the CUSTOMER must enter the necessary contact details for shipping and payment and complete the order by clicking the "Buy Now" button.
- Input errors, in particular products mistakenly added to the shopping cart, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "back" and "forward" buttons.
- The presentation of products in MOLOTOW™'s online shop is merely an invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the products contained in the shopping cart. MOLOTOW™ will immediately confirm the receipt of the order by automated email. However, the automated order confirmation from the shop system does not constitute a contractual relationship. MOLOTOW™ will accept the CUSTOMER's offer by separately accepting the order in a declaration of acceptance sent by email or by sending the goods within a period of 5 days or 3 working days after the order. The purchase contract is concluded only with this separate declaration of acceptance or upon receipt of the goods within the aforementioned period. Invoicing is considered equivalent to a declaration of acceptance.
- The purchase contract is concluded with Feuerstein GmbH, Willy-Brandt-Str. 9/2, 77933 Lahr, Germany.
- The contract language is German.
STORAGE OF CONTRACT TEXT
MOLOTOW™ stores the contract text. The order data will be sent to the CUSTOMER separately in written form (email). The terms and conditions can also be accessed and printed out in the online shop.
RIGHT OF WITHDRAWAL
Consumers generally have a statutory right of withdrawal. The legal regulations regarding any existing right of withdrawal are exclusively contained in the cancellation policy, which can be accessed by the CUSTOMER during the ordering process.
PRICES AND SHIPPING COSTS
- The prices displayed in the online shop are valid on the day of the order.
- The prices displayed in the online shop are stated in euros and include the statutory value-added tax.
- For the purchase of goods delivered by mail or in any other way, the following applies: The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the shopping cart overview before the order is placed.
- We offer free shipping. Information on the conditions for free shipping can be found on the shipping cost information page at https://www.molotow.com/en/company/shipping-and-costs.
- In individual cases, additional taxes (e.g., in the case of intra-community acquisition) and/or duties (e.g., customs duties) may be payable by the CUSTOMER for cross-border deliveries.
- MOLOTOW™ only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects the preferred payment method from the available payment methods.
- If delivery is made by cash on delivery, the CUSTOMER must pay the purchase price plus any applicable delivery and shipping costs in cash to the shipping company at the time of delivery. The cash on delivery fee will be notified in the shipping cost breakdown.
- If delivery is made by prepayment via bank transfer, the CUSTOMER must transfer the purchase price plus any applicable delivery and shipping costs to the seller before delivery. Delivery will be made after the full invoice amount has been received in MOLOTOW™'s account.
- If delivery is made by invoice, the net purchase price (without deduction) is due for payment immediately, but no later than 14 days from the invoice date or upon receipt of the goods. The statutory provisions regarding the consequences of payment default apply.
- If payment is made via PayPal Plus by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 - 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must go through the relevant payment process, provide the necessary information, and confirm the payment to MOLOTOW™. PayPal Plus accepts the payment methods PayPal, direct debit, credit card, and invoice. Further information can be found on PayPal's website at https://www.paypal.com/en/webapps/mpp/home.
- If delivery is made by invoice, the net purchase price (without deduction) is due for payment immediately, but no later than 7 days from the invoice date or upon receipt of the goods. The statutory provisions regarding the consequences of payment default apply.
- If delivery is made by credit card payment, by providing their credit card information, the CUSTOMER authorizes the charge of the full invoice amount, including any applicable delivery and shipping costs, by the respective credit card company at the due date. Depending on the amount of the payment or the type of delivery, the customer may be asked by the website of the bank for a required second authentication feature. The CUSTOMER must then verify the payment process with their personal second authentication feature such as a password, PIN, TAN, or biometric data such as fingerprint or facial scan using a special app. The charge will be initiated with the order confirmation in this case.
- If payment is made by direct debit, the CUSTOMER must provide their IBAN and the account holder. After invoicing, the invoice amount will be debited from the CUSTOMER's account. In the event of a return debit, the CUSTOMER is obliged to reimburse the costs of this return debit to PayPal Plus. The CUSTOMER reserves the right to prove that no damage or only lesser damage has been incurred as a result of the return debit.
- If payment is made via PayPal Plus using PayPal, the CUSTOMER must have a PayPal account and authenticate themselves with their access data. Then the CUSTOMER must go through the PayPal payment process and confirm the payment to MOLOTOW™. If the CUSTOMER chooses to pay by credit card in PayPal, they may be asked by the website of the bank for a required second authentication feature depending on the amount of the payment or the type of delivery. The CUSTOMER must then verify the payment process with their personal second authentication feature such as a password, PIN, TAN, or biometric data such as fingerprint or facial scan using a special app.
- Offsetting rights are only available to CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 of the German Civil Code if the counterclaims have been legally established, are undisputed, or have been recognized by MOLOTOW™, or if the opposing claims are based on the same legal relationship. This prohibition of offsetting does not apply to CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code.
DELIVERY AND SHIPPING CONDITIONS - INFORMATION ON CALCULATING THE DELIVERY DATE
- Unless otherwise agreed with the CUSTOMER, the delivery of goods delivered by mail or in any other way will be made by mail (parcel, package, letter, freight, etc.) to the delivery address provided by the CUSTOMER in the order.
- Delivery is made to the curb.
- The delivery time is separately indicated on the respective product detail page.
- The delivery time indicated on the product detail page starts on the working day following the CUSTOMER's payment order to the transferring bank in the case of payment by prepayment, or on the working day following the conclusion of the contract for all other payment methods.
- The risk of accidental loss and accidental deterioration of the sold item passes to entrepreneurs upon delivery to themselves or a authorized person for receipt, and in the case of a sales shipment, upon delivery of the item to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer in accordance with § 446 of the German Civil Code upon delivery of the goods to the consumer. In terms of risk assumption, it is considered equivalent if the CUSTOMER is in default of acceptance.
- Orders can be placed by all customers from the European Economic Area and, if applicable, the additional countries specified in the online shop and/or in the shipping cost table. Deliveries of orders are only made to Germany and, if applicable, to the countries specified in the online shop and/or in the shipping cost table.
- In the event of delivery delays, MOLOTOW™ will inform the CUSTOMER promptly.
- If the carrier returns the purchased item to MOLOTOW™ because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for reshipment. This does not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel to the refused acceptance or if the CUSTOMER is not responsible for the circumstances that led to the impossibility of delivery, or if the CUSTOMER was temporarily prevented from accepting the offered service, unless MOLOTOW™ had notified the CUSTOMER of the service a reasonable time in advance.
RETENTION OF TITLE
- MOLOTOW™ retains ownership of the sold goods until the purchase price has been paid in full.
- Goods subject to retention of title may not be pledged to third parties or transferred by way of security by the CUSTOMER before the secured claims have been paid in full. The CUSTOMER must immediately notify MOLOTOW™ in writing if and to the extent that third parties access the goods belonging to MOLOTOW™.
- In the event of the CUSTOMER's contractual breach, in particular non-payment of the due purchase price, MOLOTOW™ is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods based on the retention of title and the withdrawal. MOLOTOW™ may only exercise these rights if the CUSTOMER has been given an unsuccessful reasonable deadline for payment or if such a deadline is dispensable under the statutory provisions.
WARRANTY/DEFECT LIABILITY/NOTIFICATION OBLIGATION
- The rights of the CUSTOMER in the event of defects in the purchased item are governed by the statutory provisions.
- For ENTREPRENEURS who are merchants within the meaning of the German Commercial Code, the right to assert claims for defects requires that they fulfill their inspection and notification obligations in accordance with § 377 of the German Commercial Code in due form within 14 calendar days of receipt of the goods. This notification obligation does not apply to CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code.
- The limitation period for claims for defects by ENTREPRENEURS is 12 months from the transfer of risk to the ENTREPRENEUR. This limitation of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code.
- The CUSTOMER's claims for damages or reimbursement of futile expenses against MOLOTOW™, regardless of the legal nature of the claim, are governed by these provisions outside of the warranty rights.
- MOLOTOW™'s liability is excluded - regardless of the legal grounds - unless the cause of the damage is based on intent and/or gross negligence on the part of MOLOTOW™, its employees, its representatives, or its vicarious agents. To the extent that MOLOTOW™'s liability is excluded or limited, this also applies to the personal liability of employees, representatives, or vicarious agents of MOLOTOW™. MOLOTOW™'s liability under the Product Liability Act remains unaffected (§ 14 ProdHG).
- MOLOTOW™ is liable in accordance with the statutory provisions for damages resulting from injury to life, body, or health that are based on intentional, grossly negligent, or negligent breaches of duty by MOLOTOW™ or a legal representative or vicarious agent of MOLOTOW™.
- If MOLOTOW™ negligently breaches a material contractual obligation, i.e., an obligation whose fulfillment is essential for the proper performance of this contract and on whose compliance the CUSTOMER regularly relies and may rely, the liability is limited to the typically foreseeable damage, i.e., to such damage that typically has to be expected within the scope of the contract. Such a material contractual or cardinal obligation in the aforementioned sense is one that enables the proper execution of this contract in the first place and on whose compliance the CUSTOMER can regularly rely.
DATA STORAGE AND DATA PROTECTION
NOTICE PURSUANT TO ARTICLE 14 OF THE ODR REGULATION
- CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code have the option in the event of a dispute to conduct an online dispute resolution procedure with the involvement of a recognized dispute resolution body on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_en.htm). For this purpose, they can use the online dispute resolution platform of the EU at the URL https://ec.europa.eu/consumers/odr/.
- The online dispute resolution procedure is not a mandatory requirement for recourse to competent ordinary courts, but rather represents an alternative means of resolving disputes that may arise within the framework of a contractual relationship.
- The above provisions in clauses 12.1 and 12.2 do not affect any other national regulations concerning the conduct of dispute resolution procedures.
NOTICE PURSUANT TO § 36 VSB
- For CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code, there is generally the possibility of pursuing an alternative dispute resolution procedure within the meaning of § 36 VSBG.
- The alternative dispute resolution procedure is not a mandatory requirement for recourse to competent ordinary courts, but rather represents an alternative means of resolving disputes that may arise within the framework of a contractual relationship.
- MOLOTOW™ does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.
- The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
- For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- If the CUSTOMER is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of MOLOTOW™ in Willy-Brandt-Str. 9/2, 77933 Lahr, Germany.
- The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if the CUSTOMER's place of residence or habitual abode is not known at the time the action is filed. MOLOTOW™ remains entitled to bring an action at another statutory place of jurisdiction.