General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as the provider (Dr.-Ing. Hans Mosel GmbH) via the website www.bonito-shop.de. Unless otherwise agreed, any of your own terms and conditions used by you are excluded from incorporation.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, acts in the course of their self-employed professional or trade activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system on the terms specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to Order" button (or similar wording) and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review and change the information in the order overview again (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "place order with obligation to pay", "pay" / "pay now" or similar wording), you legally accept the offer, thereby concluding the contract.

(4) Your requests for the preparation of a quote are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is specified in the respective quote).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Individually Designed Goods

(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email. Our requirements regarding file formats, if any, must be observed.

(2) You undertake not to submit any data whose content infringes the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws.
In the event of a breach of this obligation, you shall be liable to us for any damages that arise in this connection due to third-party claims asserted against us. This does not apply if you are not responsible for the infringement of rights.

(3) You are obliged to check the data for factual accuracy before submission. We do not check the submitted data.

(4) Where specified in the respective quote, we will send you a proof copy, which you must check within a period of 10 days. If you agree with the draft, you authorize the proof copy for production by signing it in text form (e.g. by email).

§ 4 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. "PayPal" may use other payment services to process the payment; if special payment terms apply in this regard, you will be separately informed. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment will be processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. Stripe may use other payment services to process the payment; if special payment terms apply in this regard, you will be separately informed. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 5 Right of Retention, Reservation of Title

(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been received.

(3) If you are an entrepreneur, the following also applies:

a) We reserve the title to the goods until all claims arising from the ongoing business relationship have been fully settled. The goods reserved under title may not be pledged or transferred as security before the title passes.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice price, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods reserved under title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods reserved under title to the other processed items at the time of processing.

d) We undertake to release the security provided to us at your request to the extent that the realizable value of our security exceeds the claim to be secured by more than 10%. The selection of the security to be released is at our discretion.

§ 6 Warranty

(1) Statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) Where a characteristic of the goods deviates from the objective requirements, such deviation is only deemed agreed upon if you were informed of it before submitting the declaration of acceptance and the deviation was expressly and separately agreed upon between the contracting parties.

(4) Where you are an entrepreneur, the following shall apply notwithstanding the above warranty provisions:

a) Only our own statements and the manufacturer's product description shall be deemed agreed upon as the characteristics of the goods, not other advertising, public price announcements, or statements by the manufacturer.

b) In the event of defects, we shall, at our option, provide warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise follows from the nature of the goods or the defect or other circumstances. In the event of repair, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The limitation of the period does not apply:

- to damages caused by us attributable to fault resulting from injury to life, body, or health, or other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or provided a guarantee for the quality of the goods;
- to goods that have been used in accordance with their usual intended use for a structure and have caused its defectiveness;
- to statutory recourse claims you have against us in connection with rights of remedy.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) The place of performance for all obligations arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a trader, a body corporate under public law, or public-law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time the action is brought. The authority to bring an action before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Dr.-Ing. Hans Mosel GmbH
Bahndamm 37
33758 Schloß Holte-Stukenbrock
Germany
Telephone: +49 (0) 5207 - 991 226 0
Email: shop@moselgmbh.de

 

We are not prepared and are not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After the order is received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for quotes outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services are set out in the respective quote.

5. Prices and Payment Terms

5.1. The prices stated in the respective quotes as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective quote, will be shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery takes place to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. The costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery takes place to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective quote.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Terms

6.1. The delivery terms, the delivery date, and any existing delivery restrictions are set out under a correspondingly labeled button on our website or in the respective quote.

6.2. Where you are a consumer, it is legally regulated that the risk of accidental loss or accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment take place at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the provision on "Warranty" in our General Terms and Conditions (Part I.).

These General Terms and Conditions and Customer Information were prepared by the IT law specialists of the Händlerbund and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist orders. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.