I. General Terms and Conditions
I. General Terms and Conditions § 1 Basic Provisions (1) The following terms and conditions apply to contracts concluded between you and us as the provider (Müller Möbelwerkstätten GmbH) via the website www.muellermoebel.de. Unless otherwise agreed, the inclusion of your own conditions, if any, is objected to. (2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. Entrepreneur is any natural or legal person or a legal partnership capable of holding rights and duties who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction. § 2 Conclusion of the Contract (1) The subject matter of the contract is the sale of goods. (2) By placing the respective product on our website, we make a binding offer 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." You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" button or "Proceed to Checkout" (or similar designation) and entering your personal data as well as the payment and shipping conditions, you will be shown the order data as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data is displayed to you as an order overview 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 check the information in the order overview again, to change it (also using the "back" function of your internet browser), or to cancel the order. By submitting the order via the corresponding button ("place order," "buy" / "buy now," "order for a fee," "pay" / "pay now," or similar designation), you legally accept the offer, thereby concluding the contract. (4) Your inquiries to create an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless otherwise stated in the respective offer). (5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must, therefore, ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters. § 3 Special Agreements Regarding Offered Payment Methods (1) Payment via "PayPal" / "PayPal Checkout": When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is carried out 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" are displayed to you under a correspondingly designated button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply for this, you will be separately notified of these. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full. § 4 Right of Retention, Reservation of Title (1) You can only exercise a right of retention insofar as 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 also applies: a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, a pledge or chattel mortgage is not permitted. b) You may resell the goods in the ordinary course of business. For this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you fail to meet your payment obligations properly. c) In the event of combination and mixing of the reserved goods, we 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 insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility. § 5 Warranty (1) The statutory warranty rights apply. (2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to promptly notify us and the carrier of any complaints. Failure to comply with this has no effect on your statutory warranty claims. (3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you have been informed of it before submitting the declaration of intent and the deviation has been expressly and separately agreed upon between the contracting parties. (4) If you are an entrepreneur, the warranty period is one year from the date of delivery of the goods. The shortening of the period does not apply to: damages attributable to us that have been culpably caused by the violation of life, body, or health and to damages caused intentionally or by gross negligence; cases where we have fraudulently concealed the defect or assumed a guarantee for the quality of the item; items that have been used in accordance with their customary use for a building and have caused its defectiveness; statutory recourse claims that you have in connection with defect rights against us. § 6 Choice of Law, Place of Performance, Jurisdiction (1) German law applies. This choice of law only applies to consumers to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favorability). (2) The place of performance for all services arising from the business relationships with us as well as the court of jurisdiction is our registered office, provided 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 your domicile or habitual residence is not known at the time the action is filed. The authority to also appeal to the court at another statutory place of jurisdiction remains unaffected. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply expressly.
II. Customer Information
1. Identity of the Seller
Müller Möbelwerkstätten GmbH
Urwaldstraße 8
26345 Bockhorn, Germany
Phone: 04453982330
Email: info@muellermoebel.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information about the Conclusion of the Contract
The technical steps to conclude 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, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order 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. In the case of inquiries outside the online shopping cart system, you will receive all contract data within the scope of a binding offer in text form, e.g., by email, which you can print out or electronically save.
4. Codes of Conduct
4.1. We are subject to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We are subject to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Modalities
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. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne additionally by you, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or fees for money transfers (transfer or exchange rate fees charged by credit institutions), which are to be borne by you.
6.4. Any costs incurred for money transfers (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment is initiated outside the European Union.
6.5. The payment methods available to you are shown 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 arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only pass to you upon delivery 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 any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment are made at your own risk.
8. Statutory Warranty Rights
The warranty is governed by the provisions "Warranty" in our General Terms and Conditions (Part I). These terms and conditions and customer information were created by the lawyers specializing in IT law of the Händlerbund and are continuously checked for legal conformity. The 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/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2023