General Terms and Conditions of Business
(1) The following General Terms and Conditions of Business (TCB) of Nils Holger Moormann GmbH, hereinafter the Seller, apply to all orders by consumers, hereinafter “the Purchaser”, on the online shop. Consumer means any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed occupational activity.
(2) For contracts between Nils Holger Moormann GmbH and business operators, the General Terms and Conditions of Business for dealers apply. These are accessible as pdf file in the dealer section following login. A business operator is any natural person or legal entity or partnership having legal capacity that in placing the order is dealing in exercise of his/her/its commercial or self-employed occupational activity.
(3) The contract is made with Nils Holger Moormann GmbH. Further information (address etc.) can be found in the legal notice. Please contact our Customer Service Department with queries, complaints and claims from Monday to Friday, for times see website www.moormann.de, or by telephone on 0049-(0)8052-9045-10.
(2) The ordered products may differ slightly from the display due to the technical limitations of the display, especially in colour, in so far as this is reasonable.
(3) The contract is concluded subject to the reservation that in the event that our suppliers do not deliver correctly or properly, we may not deliver or we may deliver in part only. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has with due care concluded a concrete covering transaction with the supplier. The Seller shall make all reasonable efforts to supply the goods. Otherwise the consideration paid shall be refunded immediately. In the event of unavailability or partial unavailability of the goods the Purchaser shall be informed immediately.
(4) The content of the contract shall be recorded by the Seller and sent to the customer with the TCB by email.
(2) In the event of breach of contract on the part of the customer, in particular in the event of default in payment, where incorrect details are given by the customer as to his/her creditworthiness or identity or where a petition for insolvency has been issued, the Seller may – if appropriate having set a deadline – withdraw from the contract and demand the return of the goods, to the extent the customer has not paid the purchase price or not paid in full.
(2) The customer shall pay the purchase price and any delivery costs at the latest within 14 days of receipt of the electronic order confirmation or invoice from the Seller. On expiry of this period the Purchaser shall be in default of payment.
(3) The customer has a right of set-off only where his/her counterclaims have been judicially determined or are accepted or not disputed by the Seller. The right of the Purchaser to set-off contractual and other claims arising from the initiation or implementation of the contractual relationship is not affected by this. The customer can only exercise a right of retention where his/her counterclaim is based on the same contract.
(2) In the case of payment by PayPal the customer must register at www.paypal.com. In the case of payment by VR Pay, DZ Bank or similar, the terms and conditions of use of the provider shall apply.
(3) In the case of payment by cash on delivery the customer shall make payment directly to the shipping company.
(4) In the case of purchase on account the customer is informed during the ordering process of the applicable special terms and conditions of business and must then expressly agree to these.
(5) Information on the applicable costs of the payment method selected can be found in our customer information and in the payment methods summary on our website.
(2) The period for delivery is given on the respective web page. The start of the delivery period shall be in accordance with (regardless of the method of payment selected) paras. 3 to 5.
(3) Where payment is made by advance payment/bank transfer or PayPal, the delivery period shall commence one day after payment instruction. In the case of all other methods of payment, the delivery period shall commence one day after ordering.
(4) If the start or end of the period falls on a Saturday, Sunday or a statutory public holiday, the start or end of the period shall be postponed to the following working day.
(5) In respect of reservation regarding correct supply by our suppliers the Seller refers to § 2 (3) of these TCB.
(6) The Seller may make part deliveries where there are legitimate grounds on the part of the Seller and part delivery is reasonable for the Purchaser. The Purchaser shall not incur additional costs as a consequence.
(1) Right of Cancellation
You have the right to cancel the contract within 14 days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party nominated by you who is not the carrier take possession of the goods. In the case of repeat supply of similar goods or of partial deliveries, this shall not be prior to receipt of the first part delivery.
To exercise your right of cancellation, you must inform us:
Nils Holger Moormann GmbH
An der Festhalle 2
83229 Aschau im Chiemgau
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use our model cancellation, but this is not mandatory. If you use this option, we shall immediately send to you by email a confirmation of receipt of your cancellation.
To comply with the cancellation period it is sufficient to send the communication concerning exercise of the cancellation right before the expiry of the cancellation period.
(2) Consequences of Cancellation
If you cancel this contract, we must refund to you all payments that we have received from you, including the delivery costs (excluding the additional costs arising because you have selected a method of delivery other than the standard most inexpensive method offered by us) without delay and at the latest within fourteen days from the date of receipt by us of your cancellation of this contract. To effect the refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this refund.
We may refuse to refund payment until the goods have been returned to us or until you provide proof that you have sent the goods back, whichever is the earlier date.
You must send or return the goods to us immediately and in any event no later than fourteen days from the date when you advise us of your cancellation of the contract. The time limit is deemed complied with where you despatch the goods before the expiry of the fourteen day period. We shall bear the direct costs of the return of the goods.
In the case of goods that are not capable of return through the regular post, we shall agree in consultation with you collection by a carrier where appropriate.
You must only pay for any loss in value of the goods if this loss of value is attributable to handling by you that is not necessary to check condition, features and functionality of the goods.
End of information concerning cancellation.
(2) If the Purchaser fails to take delivery, this shall be deemed equivalent to hand-over.
(2) In case of a defect covered by warranty, the Purchaser may in accordance with statutory provisions require supplementary performance, withdraw from the contract or reduce the purchase price.
(3) In the case of returns due to defects the Seller shall bear the costs of returning the goods. In addition the directions on our website concerning the terms for rescission shall apply.
(4) Under the current state of technology data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. The Seller is therefore not liable for continuous and uninterrupted availability of the online offering.
(5) Statutory provisions govern the limitation period for warranty claims in respect of the goods supplied.
(2) The Seller is not liable for minor negligent breach of insignificant contractual duties.
(3) Otherwise the statutory provisions apply.
We are content to participate in the adjustment of differences with consumers on a dispute resolution in front of a consumer arbitration service.
This is the responsible consumer arbitration service:
Zentrum für Europäischen Verbraucherschutz e.V.
Phone: 07851 / 991480
We will participate in a dispute resolution in front of this authority to accommodate the mentioned differences.
“I confirm expressly that I agree that my name, my address and other personal details that I provide expressly to Nils Holger Moormann GmbH, may be passed to an appointed Nils Holger Moormann GmbH dealer to be selected by Nils Holger Moormann GmbH for the purposes of establishing contact. I consent to the collection and storage of the data required for this purpose by Nils Holger Moormann GmbH and to its use for such purpose. I can withdraw this consent at any time in writing to Nils Holger Moormann GmbH. Nils Holger Moormann GmbH undertakes to pass on the withdrawal of my consent to the relevant dealer without delay.”"
Nils Holger Moormann GmbH
An der Festhalle 2
D- 83229 Aschau im Chiemgau
HRB Traunstein 7439
VAT No. DE 131188460
Directors: Nils Holger Moormann, Harald Bühler, Silke Forner