General Terms and Conditions of Business
for end-consumer


§ 1 Scope, Contractual Partner

(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 Conclusion of contract
 
(1) The display of products in the online shop is not a legally binding offer, but only an invitation to place a legally binding order. By clicking the order button you are making a binding order for the products in the basket. Confirmation of receipt of the order will follow with simultaneous acceptance of the order by automated email immediately after submission of the order. With this email confirmation the purchase contract becomes legally effective. That is unless you have chosen to pay by credit card. In that case the contract becomes legally effective when the credit card is debited (on completion of the order). That is unless you have chosen to pay by direct debit. In that case the contract becomes legally effective when the account is debited (on completion of the order). That is unless you have chosen to pay using PayPal, VR Pay or DZ Bank. In that case the contract becomes legally effective on confirmation of the payment instruction or when the credit card of the payment service provider is debited. That is unless you have chosen to pay by instant bank transfer. In that case the contract becomes legally effective on confirmation of the payment instruction to the payment service provider. Effective conclusion of a contract is always conditional upon completion of the ordering process by submitting the order.

(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.


§ 3 Retention of title
 
(1) When dealing with consumers the Seller shall retain ownership of the goods until payment in full of the purchase price.

(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.


§ 4 Purchase price
 
(1) The purchase price quoted is binding. The purchase price includes the statutory value added tax. Additional costs of delivery may be seen in the shipping costs overview. Costs of packaging are already included in the shipping costs.

(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.


§ 5 Payment options
 
(1) The customer can effect payment by payment in advance/bank transfer, direct debit, instant bank transfer, credit card, PayPal, on account or cash on delivery. The Seller reserves the right in specific individual cases to make payment on account conditional upon a credit check on the Purchaser.

(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.


§ 6 Shipping
 
(1) The Seller delivers only in Germany. Collection of the goods by the Purchaser is not possible.

(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.


§ 7 Statutory cancellation right
 
Cancellation terms

(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

shop@moormann.de
Telephone 08052-904510
Fax 08052-904545

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.


§ 8 Transfer of risk
 
(1) The risk of accidental loss or accidental deterioration of the goods sold shall pass to the Purchaser on handover of the goods.

(2) If the Purchaser fails to take delivery, this shall be deemed equivalent to hand-over.


§ 9 Warranty
 
(1) Data, drawings, illustrations, technical data, descriptions of weight, dimensions and performance, held outside our web shop, are purely informatory. Nils Holger Moormann GmbH gives no warranty for the accuracy of these details. With respect to any supply of goods only the information contained in our confirmation of order shall be relevant.

(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.


§ 10 Limitations on liability
 
(1) The Seller is liable only for its own content on the website of its online shops. Where access by links to other websites is enabled, the Seller is not responsible for the external content on those sites. It does not adopt such content. Where the Seller learns of unlawful content on external websites, it will immediately block access to these sites.

(2) The Seller is not liable for minor negligent breach of insignificant contractual duties.

(3) Otherwise the statutory provisions apply.


§ 11 Online dispute resolution according to §§36, 37 VSBG
 

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.
Bahnhofsplatz 3
77694 Kehl
Phone: 07851 / 991480
E-Mail: mail@online-schlichter.de
Internet: www.online-schlichter.de


We will participate in a dispute resolution in front of this authority to accommodate the mentioned differences.

 


§ 12 Final provisions
 
The law of the Federal Republic of Germany applies excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This applies only in so far as it does not deprive the Purchaser of the protection guaranteed by mandatory provisions of the legislation of the country in which the Purchaser is ordinarily resident.

“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
Nils Holger Moormann Logo

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