General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (MIND FAVOUR GMBH) via the website https://mind-favour.com/. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you will be objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods, including digital content (data created and supplied in digital form).
(2) Already with the posting of the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar you can call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.B. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, select or enter your data accordingly. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online shop, the order data will be displayed as an order overview.
Before sending the order, you have the option of checking the information in the order overview again, changing it (also via the “back” function of the Internet browser) or cancelling the order.
By submitting the order via the corresponding button (“buy” or similar designation), you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.
§ 3 License to use digital content
(1) The digital content offered is protected by copyright. You will receive a license to use each digital content purchased from us from the respective licensor. The type and scope of the license to use result from the license terms stated in the respective offer.
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ),Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after the order has been placed.
(2) SEPA direct debit (basic and/or company direct debit)
In the case of payment by SEPA basic direct debit or by SEPA company direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10 days of conclusion of the contract.
The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds for the account on the due date. In the event of a return debit note due to your fault, you must bear the bank fee incurred.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 6 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the same by us before submitting the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the product description of the manufacturer shall be deemed to have been agreed as the quality of the goods, but not other advertising, public praise and statements of the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by repair or subsequent delivery. If the remedy of the defect fails, you can, at your discretion, demand a reduction or withdraw from the contract. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise stated in particular by the nature of the goods or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
– culpably caused damages attributable to us from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of goods which, in accordance with their usual use, have been used for a building and which have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).
(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
MIND FAVOUR GMBH
Am Kiel-Kanal 2
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed under https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is german.
3.2. The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
4.2. We have submitted to the Code of Ethics of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. There are no shipping costs.
6.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as e.B customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery, provision
7.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you with the handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch is at your risk.
8. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/
last update: 01/01/2022