GTCs for the online shop of Mosel Direct - owner Dr. Andrew Weis

1. General

1.1 The following contractual provisions (T&Cs) apply to everything via the online shop of Mosel Direct - Inh. Dr. Andreas Weis, Corray 9, 56856 Zell, Germany (hereinafter: SELLER) under the domain moseldirect.com with the customer (hereinafter: CUSTOMER).

1.2 These General Terms and Conditions contain special regulations for customers who are business customers within the meaning of Section 14 of the German Civil Code (hereinafter: BUSINESS CUSTOMERS). These special clauses for business transactions are characterized by an explicit reference to BUSINESS CUSTOMERS and do not apply to transactions with consumers within the meaning of § 13 BGB.

1.3 The SELLER does not recognize any deviating general terms and conditions of the customer, unless the SELLER has expressly agreed to them in writing.

2. Conclusion of Contract

2.1 The CUSTOMER can place the desired products in the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the necessary contact data for shipping and payment and complete the order by clicking the "Buy now" button.

2.2 Input errors, in particular products placed in the shopping cart by mistake, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.

2.3 The presentation of the products in the SELLER's online shop merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will automatically confirm receipt of the order immediately by e-mail. The automated order confirmation of the shop system does not yet result in a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the inventory by means of a separate declaration of acceptance by email or by sending the goods within a period of 5 days or 3 working days after the order. The purchase contract is only concluded with this separate declaration of acceptance or with receipt of the goods within the aforementioned period. The invoicing is equivalent to a declaration of acceptance.

2.4 The purchase contract is concluded with Mosel Direct - owner Dr. Andreas Weis, Corray 9, 56856 Zell, Germany.

2.5 Contract language is German.

3. Storage of Contract Text

The text of the contract is saved by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The General Terms and Conditions can also be accessed and printed out in the online shop.

4. Right of Withdrawal

In principle, consumers are entitled to a statutory right of withdrawal. The legal regulations for any existing right of cancellation are contained exclusively in the cancellation policy, which is available to the CUSTOMER as part of the ordering process.

5. Prices and Shipping Costs

5.1 The prices valid on the day of the order apply, as displayed in the online shop.

5.2 The prices displayed in the online shop are given in Euros and include the statutory value added tax.

5.3 When purchasing goods that are delivered in a parcel or in any other way by post, the following applies: The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the shopping cart overview before the order is placed.

5.4 For all orders/deliveries of goods, a flat-rate shipping fee will be charged in accordance with the shipping cost table available in the online shop at https://dummypage.de/. The flat-rate shipping costs for international shipping can also be seen in the shopping cart before the order is sent. The CUSTOMER will be informed separately of the flat-rate shipping costs for international shipping after the order has been placed, unless this is visible in the shopping cart before the order is sent. The CUSTOMER has the right to cancel his order within 2 working days after notification of the foreign shipping costs if the foreign shipping costs were not specifically communicated before the order was placed.

5.5 In individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER for cross-border deliveries.

6. Terms of Payment

6.1 The SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects the preferred payment method from the available payment methods.

6.2 If a delivery is made against payment by credit card, the CUSTOMER authorizes, by providing his credit card details, to charge the full invoice amount, including delivery and shipping costs, to the relevant credit card company when due. At the end of the ordering process, the CUSTOMER will be asked to enter their credit card number, the credit card expiry date and the security code in the appropriate form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a second authentication feature by being displayed on the bank's website. The CUSTOMER must then use a special app to verify the payment process with their second personal authentication feature such as a password, PIN, TAN or biometric data such as a fingerprint or face scan. Which type of identification is actually used depends on the respective payment service provider (e.g. the CUSTOMER's credit card company). In this case, the debit will be initiated with the order confirmation. Contact your credit provider for more information.

6.3 If payment is made via PayPal from PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and identify themselves with their PayPal access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER. The PayPal payment method can also be used without a PayPal user account. With regard to the guest function of PayPal, the provisions that can be called up via the payment method apply. If the CUSTOMER chooses to pay by credit card in PayPal, depending on the amount paid or the type of delivery, the bank's website may ask for a second authentication feature. The CUSTOMER must then use a special app to verify the payment process with their second personal authentication feature such as a password, PIN, TAN or biometric data such as a fingerprint or face scan. You can find more information on the PayPal website at https://www.paypal.com/de/webapps/mpp/home.

6.4 If payment is made by direct debit, the CUSTOMER must inform the SELLER of his IBAN and the account holder. After invoicing, the SELLER debits the invoice amount from the CUSTOMER's account. In the event of a returned direct debit for which the customer is responsible, the CUSTOMER must reimburse the SELLER for the bank processing fees incurred as a result of the returned direct debit.

6.5 If a payment is made via Amazon Payments from Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg, the customer must have an Amazon account and identify himself with his Amazon access data, go through the Amazon payment process and confirm the payment to the SELLER. You can find more information at https://pay.amazon.de/. Amazon accepts the payment methods direct debit or credit card:

6.5.1 In the case of payment by credit card, the CUSTOMER authorizes Amazon, by providing their credit card details, to charge the full invoice amount, including delivery and shipping costs, via the relevant credit card company when due. In this case, the debit will be initiated with the order confirmation.

6.5.2 When paying by direct debit, the CUSTOMER informs Amazon of his IBAN and BIC number. After invoicing, Amazon debits the invoice amount from the account specified by the CUSTOMER. In the event of a returned direct debit, the CUSTOMER must bear the costs of this returned direct debit. The CUSTOMER reserves the right to prove that no or only minor damage was caused by the returned direct debit.

6.6 Payment via Klarna Purchase on account

6.6.1 If the BUYER has selected the payment option purchase on account, he must pay the invoice amount to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (hereinafter: KLARNA) within 14 days of the invoice date.

6.6.2 An invoice fee of EUR 3.25 is charged up to a shopping cart value of EUR 100. An additional invoice fee of EUR 3.25 will be charged for each additional EUR 100 of the basket value.

6.6.3 The CUSTOMER must provide KLARNA with his full delivery and billing address.

6.6.4 In the event of default, KLARNA is entitled to demand default interest in accordance with § 288 BGB. KLARNA reserves the right to assert higher default damages. The CUSTOMER retains the option of claiming lower default damages.

6.6.5 The CUSTOMER can also convert the invoice amount into an installment purchase with flexible installments. To do this, the CUSTOMER must pay KLARNA a partial amount of at least 1/24 of the respective invoice amount, but not less than EUR 6.95.

6.6.6 KLARNA will state the minimum partial amount to be paid on the invoice.

6.6.7 From an amount of EUR 200, the CUSTOMER must conclude a separate installment purchase contract with KLARNA. The required documents will be sent to the CUSTOMER by post upon receipt of the partial payment by KLARNA. The CUSTOMER can access the relevant information and conditions at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.

6.6.8 If the CUSTOMER does not want the conversion into an installment purchase with flexible installments, he must inform KLARNA of this in text form within 10 days of payment.

6.6.9 The SELLER or KLARNA is permitted to carry out a credit check within the scope of what is legally permissible and taking into account the interests of both parties that are worthy of protection. The SELLER or KLARNA reserves the right to exclude certain payment methods for orders - depending on the credit check. The details are regulated by the SELLER's data protection declaration.

6.7 CUSTOMERS who are BUSINESS CUSTOMERS within the meaning of Section 14 BGB are only entitled to set-off rights if the counterclaims have been legally established, are undisputed or recognized by the SELLER or the conflicting claims are based on the same legal relationship. This ban on offsetting does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code.

7. Terms of Delivery and Shipping

Information on How to Calculate the Delivery Date

7.1 Unless otherwise agreed with the CUSTOMER, the goods that are delivered in a package or in any other way by post are delivered by post (parcel, parcel, letter, forwarding agent, etc.) to the Order delivery address provided by the CUSTOMER.

7.2 The delivery time is specified separately on the respective product detail page.

7.3 The delivery time specified on the product detail page begins with payment in advance on the working day after the payment order from the CUSTOMER to the transferring bank, or with all other payment methods on the working day after the day the contract was concluded.

7.4 In the case of deliveries to business customers, the risk of accidental loss and accidental deterioration of the item sold passes to a suitable transport person when the goods are handed over to them or to a person entitled to receive them, in the case of mail-order sales already when the goods are delivered to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the item sold is transferred to the consumer in accordance with § 446 BGB when the goods are handed over to the consumer. With regard to the assumption of risk, it is the same as handover if the CUSTOMER is in default of acceptance.

7.5 Orders can be placed by all customers from the European Economic Area and, if applicable, from other countries specified in the online shop and/or in the table of shipping costs. Orders are only delivered to Germany and, if applicable, to the countries specified in the online shop and/or in the table of shipping costs.

7.6 In the event of delays in delivery, the SELLER will inform the CUSTOMER immediately.

7.7 If the carrier sends the purchased item back to the SELLER because it was not possible to deliver it to the CUSTOMER, the CUSTOMER shall bear the costs of sending it again. This does not apply if the CUSTOMER has exercised a possible right of withdrawal parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the service offered , unless the SELLER had given him adequate advance notice of the performance.

8. Retention of Title

8.1 The SELLER retains title to the items sold until the purchase price has been paid in full.

8.2 The goods subject to retention of title may not be pledged to third parties or assigned as security by the CUSTOMER before the secured claims have been paid in full. The CUSTOMER must inform the SELLER immediately in text form if and to the extent that third parties access the SELLER's goods.

8.3 If the CUSTOMER breaches the contract, in particular if the purchase price due is not paid, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the CUSTOMER does not pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER was previously unsuccessfully set a reasonable deadline for payment or setting such a deadline is unnecessary under the statutory provisions.

9. Warranty/Liability for Defects/Duty to Give Notice of Defects

9.1 The rights in the event of defects in the purchased item are based on the statutory provisions.

9.2 Claims for defects by BUSINESS CUSTOMERS who are merchants within the meaning of the German Commercial Code (HGB) presuppose that they have properly complied with their obligation to examine and give notice of defects within 14 calendar days of receipt of the goods in text form pursuant to Section 377 HGB. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code.

9.3 The limitation period for claims for defects by COMPANIES is 12 months, calculated from the transfer of risk to the COMPANY. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code.

10. Liability

10.1 The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER are based on these provisions outside of warranty law, regardless of the legal nature of the claim.

10.2 The SELLER's liability is excluded - for whatever legal reason - unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the SELLER's liability is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER under the Product Liability Act remains unaffected (§ 14 ProdHG).

10.3 The SELLER shall be liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health which is based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.

10.4 If the SELLER breaches an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), at least negligently, liability is limited to the typically occurring damage, i.e. to such damage with which arising within the scope of the contract typically has to be expected. An essential contractual or cardinal obligation in the aforementioned sense is one the fulfillment of which is essential for the proper execution of this contract and on the observance of which the CUSTOMER regularly relies and may rely.

11. Data Storage and Privacy

The data protection regulations of the data protection declaration on the website http://tcm-shop.eu/en/index.asp apply exclusively.

12. Notice according to Article 14 of the ODR Regulation

12.1 CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option of an online arbitration procedure in the event of a dispute on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) using a recognized to carry out an arbitration board. To do this, you can use the EU's online arbitration platform at the URL https://ec.europa.eu/consumers/odr/.

12.2 The online arbitration procedure is not a mandatory prerequisite for calling the competent ordinary courts, but represents an alternative possibility to resolve differences that may arise within the framework of a contractual relationship.

12.3 Other national regulations for conducting arbitration proceedings remain unaffected by the above provisions in Sections 12.1 and 12.2.

13. Notice according to § 36 VSBG

13.1 CUSTOMERS who are consumers within the meaning of § 13 BGB generally have the option of seeking an alternative dispute resolution procedure within the meaning of § 36 VSBG.

13.2 The alternative arbitration procedure is not a mandatory prerequisite for appealing to the competent ordinary courts, but represents an alternative possibility of resolving differences that may arise within the framework of a contractual relationship.

13.3 The SELLER does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.

14. Final Provisions

14.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

14.2 For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

14.3 If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the SELLER's registered office in Corray 9, 56856 Zell, Germany.

14.4 The same applies if the CUSTOMER is an business customer and does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed. The authority of the SELLER to appeal to the court at another legal place of jurisdiction remains unaffected.

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