General Terms and Conditions of Sale and Delivery of MB Bad & Küche GmbH, Wallenhorst
1. Scope of application
The following terms and conditions apply to all orders placed via our online store. Our online store targets consumers exclusively. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts on behalf of his commercial or independent professional activity. We do not recognize deviating conditions unless we expressly agree to their validity.
2. Contracting party, conclusion of the contract
(1) You can select products from the offer of our online store and add them to the shopping cart via the button "Add to cart" initially without obligation. You can correct those items at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after placing the order. In this e-mail, the order is listed again and you have the option to print it out via the "Print" function. The automatic confirmation of receipt merely documents that the order has been received by us and does not constitute acceptance of the application. A binding contract is concluded when we issue a binding declaration of acceptance in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to you by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection and can also be viewed at any time in our customer login. The contract is concluded in German.
(2) Please note that in the case of advance payment, the ordered goods will only be delivered once we have received payment of the full purchase price and any shipping costs. We therefore ask you to transfer the purchase price immediately after receipt of the order confirmation, but within 5 days at the latest.
3. Delivery/ Availability of goods
(1) The delivery times stated are calculated from the time of our order confirmation, prior payment of the purchase price provided (except for purchase on account). Unless a different delivery time is specified for the respective goods in our online store, it is 2-4 days.
(2) If the product you've selected isn't available at the time of your order, we will inform you immediately in the order confirmation. If the product is permanently not available, we will refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.
(3) If the product designated by you in the order is only temporarily unavailable, we will also inform you immediately in the order confirmation with the expected new delivery period.
4. Prices, shipping costs
(1) The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the statutory value added tax applicable at the time.
(2) Shipping costs may be added to the respective product prices. The corresponding shipping costs will be indicated to you in the order form and shall be borne by you.
(1) In general we offer the following payment options in our online store:
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions during the order process.
We use the services of the payment service provider PayPal (Europe) and its service PayPal PLUS to offer you the following payment options. Unless otherwise provided below, payment via PayPal PLUS does not require registration with PayPal. You will receive further information with the respective payment option and the order process.
Credit card via PayPal PLUS
Your credit card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal PLUS
If you choose this payment option, you give PayPal a direct debit mandate by confirming the payment instruction. You will be informed by PayPal about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the order process.
Purchase on account via PayPal PLUS
(2) Payment of the purchase price is due immediately upon conclusion of the contract. In the case of purchase on account, we will inform you about the due date of the purchase price on the order overview page before the conclusion of the contract.
(3) You agree to receive invoices and credit notes exclusively in electronic form.
6. Retention of title
Until full payment, the delivered goods remain our sole property.
7. Transport damages
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to our logistics partner and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
We are liable for material defects in accordance with the applicable statutory provisions, in particular § § 434 et seq. BGB. An additional guarantee exists for our goods only if this was expressly stated in the order confirmation for the respective article.
(1) Claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on our part or on the part of our legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance you may regularly rely.
(2) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the damage claims on your part are based on injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favor of our legal representatives and vicarious agents if the claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall apply insofar as we have reached an agreement with you on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
(1) As a consumer, you generally have a statutory right of revocation when concluding a distance selling transaction. You can find our cancellation conditions here >>.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here >>.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.