General terms and conditions with customer information
Table of Contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redeeming gift vouchers
10. Applicable law
11. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of MG Markets Marco Griggel (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller's Online shop completes goods shown. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.4 Depending on the seller's product description, components of the seller's assortment may be linked to a third party provider (hereinafter "service provider") by concluding a contract for the provision of telecommunications services (hereinafter referred to as "telecommunications contract"). In this case, the existence of the contract with the seller depends on the conclusion of a telecommunication contract with the service provider and on the customer not revoking the telecommunication contract. For the telecommunication contract, the corresponding legal provisions and, if applicable, deviating contract conditions of the respective service provider apply. The seller only acts as an intermediary for such contracts.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, email or post.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the payment type "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe user agreement, visible at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If a payment method offered via the "mollie" payment service is selected, payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. Mollie can use other payment services to process payments, to which special payment terms may apply, to which the customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.
4.7 If you choose the payment method invoice purchase via secupay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag) within 14 (fourteen) days of receipt of the invoice. The payment method invoice purchase sets a successful credit check by secupay S.A. ahead. If the customer is allowed to purchase on account after checking the creditworthiness, the payment is processed in cooperation with secupay S.A., to whom the seller transfers his payment claim. In this case, the customer can only contact secupay S.A. with debt-relieving effect. The seller remains responsible for general customer inquiries even when selecting the payment method invoice purchase via secupay e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
4.8 If the payment method direct debit is selected, the invoice amount is due immediately upon conclusion of the contract. The direct debit payment method sets a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) ahead. If, after checking the creditworthiness, the customer is allowed to collect the direct debit, the payment is processed in cooperation with secupay AG, to which the provider transfers his payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, only secupay AG can be provided with a debt-free effect. The direct debit takes place immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries, e.g. when selecting the payment method direct debit via secupay AG, e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits.
4.9 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, only secupay AG can be provided with a debt-free effect. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries, e.g. when selecting the payment method credit card payment via secupay AG e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits.
4.10 If the payment method "Installment purchase by easyCredit" is selected, payment is processed via TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg (hereinafter "TeamBank AG"), to which the seller assigns his payment claim. Before accepting the seller's declaration of assignment, TeamBank AG carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "installment purchase by easyCredit" in the event of a negative test result. If the payment method "Installment purchase by easyCredit" is approved by TeamBank AG, the customer must pay TeamBank AG the invoice amount according to the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay to TeamBank AG with debt-relieving effect. However, the seller remains responsible for general customer inquiries even in the event of assignment of claims. B. on the goods, delivery time, shipping, returns, complaints, revocation declarations and mailings or credits. In addition, the general terms and conditions for installment purchase by easyCredit apply, which can be found on the Internet at https://www.easycredit-atenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 Pick-up is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
- by download
- by email
- by post
6) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its deficiency,
- for claims for damages and reimbursement of expenses of the customer, as well
- in the event that the seller has maliciously concealed the defect.
7.3 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
7.4 The seller is not liable for defects in the implementation of the telecommunications contract, for which the respective service provider is solely responsible. In this respect, the corresponding legal provisions and any contract terms of the respective service provider that deviate therefrom apply.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.7 The credit of a promotional voucher is neither paid out in cash nor interest.
8.8 The campaign voucher will not be reimbursed if the customer returns all or part of the goods paid for with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can provide a liberating effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
9.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can be redeemed when placing an order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The credit of a gift voucher is neither paid out in cash nor interest.
9.8 The gift voucher is transferable. The seller can liberate the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
10) Applicable law
10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
10.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.