General Terms and Conditions with Customer Information

 

(The following terms and conditions also include legal information about your rights under the regulations on distance contracts and electronic commerce.)

1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Availability of Goods
6. Payment Modalities
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of Contract Text
11. Data Protection
12. Place of Jurisdiction, Applicable Law, Contract Language

1. Scope of Application
1.1. The business relationship between Maltbarn, owner: Martin Diekmann, Stadlander Str. 106, 26937 Stadland (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) is exclusively governed by the following General Terms and Conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints, and grievances on weekdays from 10:00 AM to 5:00 PM at the phone number 0049 – (0)151 – 11 68 6000 and by email at info@wordpress-202404301553.p171940.webspaceconfig.de.
1.3. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller has expressly agreed to their validity.

2. Offers and Service Descriptions
2.1. The presentation of products in the online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise noted on the products. Errors are excepted.

3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the button [add to cart]. Afterwards, the customer can proceed to complete the ordering process within the shopping cart via the button [“Proceed to Checkout”].
3.2. By clicking the [“Order with obligation to pay”] button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, explicit order confirmation, or by sending the invoice.
3.4. If the seller enables prepayment, the contract is concluded with the provision of bank details and a payment request. If the payment is not received by the seller despite being due after a repeated request until a period of 10 calendar days after sending the order confirmation, the seller will withdraw from the contract with the consequence that the order is void and the seller has no obligation to deliver. The order is then completed for both the buyer and the seller without further consequences. A reservation of the item with prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Availability of Goods
5.1. If prepayment has been agreed upon, delivery takes place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the customer’s fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be reimbursed to the customer immediately.

5.4. If the ordered product is unavailable because the seller is not supplied with this product by his supplier without any fault of his own, the seller may withdraw from the contract. In this case, the seller will immediately inform the customer and may offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any considerations already provided by the customer.
5.5. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment Modalities
6.1. The customer may choose from the available payment methods before and during the completion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receiving the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. If third parties are commissioned to handle payment processing, e.g., Paypal, their terms and conditions apply.
6.4. If the payment due date is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay interest on arrears does not exclude the seller from claiming further damages caused by delay.
6.6. The customer has the right to offset only if his counterclaims have been legally established or recognized by the seller. The customer can exercise a right of retention only insofar as the claims result from the same contractual relationship.

7. Reservation of Ownership
The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for Material Defects and Guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly issued. Customers are informed about the terms of the guarantee before initiating the order process.

9. Liability
9.1. The seller’s liability for damages, regardless of other statutory claim requirements, is subject to the following exclusions and limitations.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of essential duties which endanger the achievement of the contractual purpose, or for the breach of duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the negligent breach of obligations other than those mentioned in the previous sentences.
9.4. The aforementioned liability limitations do not apply in the case of injury to life, body, or health, for a defect after assumption of a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

10. Storage of Contract Text
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the instructions on the right of withdrawal and information about shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the text of the contract but do not make it accessible on the internet.

11. Data Protection
11.1. The seller processes personal data of the customer for specific purposes and in accordance with the legal provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) are used by the seller for fulfilling and processing the contract. These data are treated confidentially and not disclosed to third parties who are not involved in the ordering, delivery, and payment processes.
11.3. The customer has the right to receive information about the personal data stored by the seller about him free of charge upon request. Additionally, he has the right to correct incorrect data, block and delete his personal data, as long as there is no legal obligation to retain them.
11.4. Further information about the type, scope, location, and purpose of the collection, processing, and use of the required personal data by the seller can be found in the privacy policy.

12. Place of Jurisdiction, Applicable Law, Contract Language