GENERAL BUSINESS TERMS AND CONDITIONS
§ 1 Scope of application, Customer information
The following general terms and conditions (GTC) regulate the contractual relationship between Dona Handelsgesell. mbH and the consumers and companies who buy goods through our shop modumshop. Terms conflicting or deviating from our terms and conditions shall not be recognised by us.
§ 2 Conclusion of contract
(1) The product representations in the Online shop are not binding offers from the vendor, but merely serve the purpose of the submission of a binding offer by the purchaser.
(2) You can add one or more products to the shopping cart. In the course of the ordering process you enter your data and wishes regarding payment method, delivery modalities etc. Only by clicking on the order button do you make a binding offer to conclude a sales contract. You can also make a binding offer by phone, fax, email or post.
(3) The contract is considered as confirmed and thus a purchase contract is concluded if: within five days an order confirmation was sent by email or fax, the ordered goods were delivered to the customer or if the purchaser was asked to pay.
In the case of a telephone order, the purchase contract is concluded when the seller accepts the offer immediately.
If the vendor fails to accept the offer of the customer within the aforementioned deadline, it will be considered rejected with the result that the customer is no longer bound by his/her statement of intent.
(4) German is the only language available for concluding the contract.
§ 3 Customer information: Storage of your order data
Your order with details of the concluded contract (such as product type, price, etc.) will be stored by us. We send you the General terms and conditions, however you can also retrieve the terms and conditions after conclusion of contract at any time on our website. As a registered customer, you can access your past orders through the Customer login area (My orders).
§ 4 Customer information: Correction notice
You can correct your entries at any time with the delete key before placing the order. We will inform you about further correction options on the way through the ordering process. You can also completely end the ordering process at any time by closing the browser window.
§ 5 Retention of title
The goods shall remain our property until full payment has been made.
§ 6 Warranty
There are statutory warranty rights for our goods.
If there is a defect in the purchased item, the customer may demand supplementary performance (removal of defects or replacement). If the supplementary performance fails, the purchaser is entitled to withdraw from the contract, reduce the purchase price or claim damages in the case of a not insignificant defect.
Unless otherwise stated below, further claims of the purchaser, for whatever legal reasons, are excluded. DONA Handelsgesell.mbH is therefore not liable for damages that did not occur on the delivery item itself, in particular DONA Handelsgesell.mbH is not liable for loss of profit or for other monetary loss of the purchaser. Insofar as the liability of the company DONA Handelsgesell. mbH is excluded or limited, this also applies to the personal liability of bodies, legal representatives and vicarious agents.
The above limitation of liability does not apply if the cause of the damage is due to intent or gross negligence or personal injury. Furthermore, it does not apply if the customer asserts claims under §§ 1, 4 of the Product Liability Act. Insofar as DONA Handelsgesell.mbH negligently violates a contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage.
The purchaser is requested to make a complaint with the deliverer about the delivered goods due to obvious transport damages and to inform the vendor. If the purchaser fails to comply with this, it has no effect on his/her statutory or contractual warranty claims.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual duties is in particular the obligation to hand over the goods to you and to give you the ownership of it. Furthermore, we undertake to procure the goods for you free of material and legal defects.
§ 8 Commercial jurisdiction
Exclusive jurisdiction for all disputes arising from this contract is our place of business, if you are a commercial person.
§ 9 Complaints procedure / Dispute resolution
Alternative dispute resolution according to Art.14 paragraph 1 of the ODR regulation and §36 of the Consumer dispute settlement law (VSBG) is valid.
The European commission provides a platform for online dispute resolution (ODR platform): http://ec.europa.eu/consumers/odr
Consumers always have the opportunity to use this platform to settle their disputes. We always endeavour to settle any disputes arising from contracts concluded with us and complaints by mutual agreement. We do not participate in dispute resolution proceedings before a consumer arbitration board. However, the Law on Alternative Dispute Resolution in Consumer Matters demands that we nevertheless refer you to a consumer dispute resolution body that is responsible for you:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8