§ 1 Field of applications, customer
I. These general terms and conditions apply for all business relations between the corporation MD livingdesign, legally represented by the CEO Daniel Mestrum (hereafter referred to as “corporation”) and its customers in the respective, at the time of the conclusion of the contract valid version. They still include legally designated important customer information. Divergent, additional and contradictory general terms and conditions of the customer, although mentioned and taken into consideration, are not subject to be included in the general terms and conditions, unless the corporation has declared its consent towards implementing the divergent, additional and contradictory general terms and conditions of the customer.
II. Customers of the corporation in the meaning of these general terms and conditions are consumer as well as businessman. Businessman in the meaning of § 14 German Civil Code are natural or juridical persons or legally responsible partnerships, that are, with the conclusion of a legal transaction handling in practice of their commercial or self-employed business activity. Consumer in the meaning of § 13 German Civil Code are natural persons, that conclude a legal transaction for a purpose that can be predominantly classified neither to commercial nor to self-employed activities.
III. Customers in Germany and foreign countries are supplied.
§ 2 Offer and conclusion of a contract via the webpage of the corporation
I. All offers by the corporation are non-binding. A contract will be concluded between the corporation and the customer, if the corporation accepts the offer of the customer. With possibly occurring calculation errors and typing errors the corporation reserves the right to not accept the order.
II. If a customer acts to order via the webpage of the corporation, the corporation will verify the income of the order directly. The order confirmation does not represent an acceptance of the offer. It just informs the customer that the order reached the corporation.
III. If the customer sends an order to the corporation via the webpage, the customer sends an offer to conclude a purchase agreement with the corporation.
The acceptance of the offer and the conclusion with the corporation take place through an explicit declaration of acceptance (order confirmation) via e-mail or through the shipment of the purchased goods to the customer.
The corporation is entitled to accept the, with the order via the webpage of the corporation delivered offer to a conclusion of a contract within 5 days after entry of the offer by the corporation through explicit declaration of acceptance via email.
§ 3 Payment conditions and price
I. The payment of the ordered goods by the customers takes place when the customer has chosen the payment method. These methods include a pre-payment, PayPal, credit card or direct money transfer. The payments of the customers are due latest within 14 days after the conclusion of the contract. The debiting of the account takes place subsequently to the conduction of the payment process.
a) Payment via pre-payment
The account details are passed on to the customer after the conclusion of the purchase agreement.
b) Payment via PayPal PLUS
Payments via PayPal PLUS the customer has the opportunity to conduct payment with his PayPal account through direct debit from a german bank account or through credit card.
c) Payment via credit card
Payments via credit card give the customer the opportunity to conduct payment with a credit card.
d) Payment via direct money transfer
With payments through direct money transfer an online payment system from the ‘Sofort GmbH for cashless payments in the internet’ is used.
II. The portrayed price of the respective goods shall be understood as a total price including eventual arising sales tax (19%) and further price components, but excluding delivery and shipment costs.
§ 4 Shipment costs and import duties
I. In addition to the purchase price the corporation charges shipment costs. The amount of shipment costs can be find on the webpage of the corporation. Additionally, the shipment costs are explicitly communicated on the order page before the release of the order.
II. Delivering goods outside of Germany import duties can be charged for importing goods, which the customer must pay. The amount of import duties differs to different customs depending on countries und region. The customer is responsible to properly pay all necessary customs and fees.
§ 5 Delayed payment
If the customer still not pays although he received a dun, which takes place at maturity, he will be in arrears with payments. The customer must pay interest during the delay on the debt in the amount of 5 % above the base interest rate.
§ 6 Delivery, Shipment
The delivery will be executed to the customer’s stated address during the order process.
§ 7 Delivery times
The shipment of the goods takes place regularly after 4 weeks, but in individual cases latest after 6 weeks after the payment of the customer is received. When paying via pre-payment, directly after conducting the payment process the shipment takes place and when paying via PayPal PLUS or direct money transfer.
§ 8 Transfer of risk
I. If the customer is a businessman, the risk of a coincidentally decay and the coincidentally degradation of the goods is passed on with handover, with sale by dispatch with the handing over of the goods to the carrier, hauler or any otherwise determined person or institution to conduct the shipment, to the buyer.
II. Is the customer consumer, the risk of a coincidentally decay and the coincidentally degradation of the soled goods and with sale of dispatch, is passed on to the buyer not before the goods are handed over.
III. Delivery is also deemed to be effective if the customer is in delay with acceptance.
§ 9 Reservation of ownership
I. Until payment of the delivered goods is completed, the ownership remains at the corporation.
II. Towards customers, which are businessman, the corporation reserves ownership until all claims are compiled which are due because of any kind of legal cause which arise from the business relationship.
III. The customer is obliged to inform the corporation immediately about any kind of garnishment or interference of goods subject to retention of title through third parties.
§ 10 Right of revocation
The right of revocation does not apply in case of contracts regarding delivery of goods which have been produced and designed specifically for the customer and its individual necessities. Hereto counts the product MD high basic/pro. With this product, the customer states his on wish regarding height, after what the product is specially manufactured. This product is not useable anymore and therefor revocation is excluded.
As well as with individual product request via e-mail. All individually designed and manufactured goods are not subject to revocation. Our legal liability because of lack of quality remains untouched.
§ 11 Warranty and liability
Warranty rights of the customer and the liability of the corporations are subject to the statutory regulations.
§ 12 Data protection
I. The corporation is obliged to treat private data responsible. If personal data are collected, this only occurs with the prior consent of the user of the website. Any forwarding of the data to third parties takes place only as part of order and contract processing. The data obtained from the customer are used and processed by the corporation for the processing of contract.
§ 13 Final clauses, Salvatore’s clause
I. For the legal relationship of the customer and the corporation the german law to the exclusion of the UN sale of goods law, is applied. If a nation, in which a customer is consumer, or has is usual residence, sees a protection of the customer which is not existing in the german law, these clauses will take place in the legal relationship between the customer and the corporation.
II. If individual provisions of these general terms and conditions will be or become completely or partially void, the validity of the remaining provision will remain.
IIII. Formation of contract can be done in the german, english or spanish language.