Terms and Conditions

General Terms and Conditions with customer information Status: June 27, 2022 Table of contents Scope of the General Terms and Conditions General information on offers and orders Ordering process and contract conclusion Ordering process and contract conclusion on the Amazon platform Order process and contract conclusion on the eBay platform Order process and contract conclusion on the Etsy platform Contract text and contract language Information on prices and shipping costs Methods of payment and terms of payment Retention of title Delivery, availability of goods Digital content Sale of vouchers Sale of license keys Copyright and rights of use Instructions on revocation Final provisions Arbitration and consumer dispute resolution 2 1. Scope of the General Terms and Conditions a. The following general terms and conditions apply exclusively to the business relationship between Möhlmann Verlag / Rosemarie Möhlmann (hereinafter referred to as “seller”) and the purchaser, referred to below as “buyer”, of the products and services of the seller (hereinafter referred to as “products” or “goods”) (hereinafter referred to as "GTC"). b. Deviating conditions of the customer are not recognized, even if the seller renders his service without objection, unless the seller expressly agrees to the validity of the customer's deviating conditions. c. "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor their self-employed professional activity. i.e. "Entrepreneur" within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. 2. General information on offers and orders a. The presentation of the products in the shop, on websites and in digitally printed brochures or catalogs or comparable product presentations by the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer. b. Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to Seller if necessary for Seller's performance of the contract. In particular, the customer must ensure that the e-mail and delivery addresses provided are correct and that any prevention of receipt for which the customer is responsible is taken into account accordingly (e.g. by checking the spam folder of the e-mail software used). c. Customers are asked to carefully read and observe the information provided during the ordering process 3 and to use the existing support functions of their software and hardware (e.g. enlargement or read-aloud functions) if required. Required information is marked by the seller as such for the customer to be appropriately recognizable (e.g. by optical highlighting and/or asterisks). Until the order is sent, customers can change and view the product selection and their entries at any time and go back in the ordering process or cancel the ordering process altogether. To do this, customers can use the usual functions of their software and/or end device that are available to them (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, undesired entries can be corrected by canceling the ordering process. 3. Ordering process and conclusion of contract a. The customer can choose from the products offered to the customer in the seller's range and collect these in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, eg deleted. Otherwise, the customer can initiate the completion of the ordering process. b. By clicking on the button that concludes the ordering process, the customer submits a binding offer to the seller to purchase the products in the shopping cart. c. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the shop or, if used and named, on the platform used or by means of other communication channels) and ends with the end of your last day. The seller can accept the customer's offer by explicitly accepting the contract, also by e-mail. The acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller and at the latest through the completion of the payment transaction. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer. i.e. A contract between the customer and the seller can also be concluded by e-mail. The customer can send a binding offer to the seller by e-mail or, if the seller has sent a binding offer, accept this by e-mail. e. A contract between the customer and the seller can also be concluded by telephone. The customer can make a binding offer to the seller by telephone or, if the seller makes a binding offer, accept this by telephone. f. A contract between the customer and the seller can also be concluded by fax. The customer can send a binding offer to the seller by e-mail or, if the seller has sent a binding offer, accept it by fax. G. A contract between the customer and the seller can also be concluded by means of information in a contact form. The customer can submit a binding offer to the seller via the contact form or, if the seller submits a binding offer, accept this via the contact form. H. A contract between the customer and the seller can also be concluded by post. The customer can send a binding offer to the seller by post or, if the seller has sent a binding offer, accept it by post. 4. Ordering process and contract conclusion on the Amazon platform a. The terms of this section apply to orders placed through the Amazon platform. The sales contract is concluded with the seller and not with Amazon. b. The customer can choose from the products offered to the customer in the seller's range and collect these in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, eg deleted. Otherwise, the customer can initiate the completion of the ordering process. c. In addition to the ordering process via Amazon's "shopping cart" system, the customer can complete the ordering process directly by pressing the "1-Click" or "Buy Now" button from Amazon. In this case, an order is automatically created and sent to the delivery address stored by the customer at Amazon. The order can then be changed or canceled in the overview of orders in the "My Account" area. The purchase price is paid using the payment method stored by the customer at Amazon for the "1-Click" or "Buy Now" method. The customer will be informed about the delivery and payment options in a separate notice and can also change the delivery and payment details in the "My Account" area. The use of the "1-Click" or "Buy Now" method may also require activation by the customer in their Amazon account. i.e. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the conclusion of the order process by the customer and ends with the end of their last day. The seller can accept the customer's offer through an explicit acceptance of the contract by the seller or by Amazon, also by e-mail. The acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller or by Amazon and at the latest by the completion of the payment process. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer. 5. Ordering process and conclusion of contract on the eBay platform a. The terms of this section apply to orders placed through the Amazon platform. The sales contract is concluded with the seller and not with Amazon. b. By publishing an offer in auction format or as a purchase at a fixed price, the seller makes a binding offer to conclude a contract in accordance with the information and conditions specified for the product. By placing a bid, the eBay user accepts the offer under the condition precedent of being the highest bidder at the end of the period specified by the seller. If the eBay user's bid is outbid, his offer expires. The seller can set a minimum price that must be reached in order for the contract to come about. By pressing a buy it now button provided as part of the offer, the eBay user can buy the goods immediately. In the case of auction formats, immediate purchase is only possible as long as no bid has been placed on the offer or the minimum price 6 has not been reached. For articles with the option "immediate payment", the conclusion of the contract only comes about with the conclusion of the subsequent payment process. It is possible to purchase several items at a fixed price if they are placed in the shopping cart using the shopping cart function and the payment process is then completed. c. If a price proposal is enabled, the eBay user's price proposal represents a purchase offer that the seller can accept or reject. The seller can also submit a counter-offer, which the eBay user can either accept or respond to with a counter-offer. If an offer is accepted by the eBay user or the seller, the purchase contract is concluded. Price proposals are valid until the end of the offer and at the latest for 48 hours. Immediate payment is not required when using the Best Offer option on a listing unless the eBay user has been prompted to confirm their payment method when entering their Best Offer. i.e. Customers who have signed up for the "ebay Plus" option have the option of receiving a Hermes return label from eBay for return purposes. To do this, customers must meet the following requirements and conditions:https://www.ebay.de/help/buying/returns-refunds/rc...n-a-refund?id=4775https://www.ebay.de/help/buying/returns-refunds/rc...abe-an-item-for-a-refund?id=4775. In this case, customers can drop off the consignment at a Hermes ParcelShop near them. 6. Ordering process and conclusion of contract on the Etsy platform a. The terms of this section apply to orders placed through the Etsy platform. The purchase contract is concluded with the seller and not with Etsy. b. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the shop or, if used and named, on the platform used or by means of other communication channels) and ends with the end of your last day. The seller can accept the customer's offer by explicitly accepting the contract, also by e-mail. Acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller and at the latest through the completion of the payment transaction. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer. c. The customer can choose from the products offered to the customer in the seller's range and collect these in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, eg deleted. Otherwise, the customer can initiate the completion of the ordering process. i.e. By clicking on the button that concludes the ordering process, the customer submits a binding offer to the seller to purchase the products in the shopping cart. 7. Contract text and contract language a. The seller saves the text of the contract and makes it available to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order. b. If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area. c. The contract language is German, contracts can be concluded in this language. 8. Information on prices and shipping costs a. Unless otherwise stated, all prices are total prices including the applicable statutory sales tax (VAT). 8 b. The delivery and shipping fees incurred in addition to the sales price will be communicated or linked to the customer in the respective product description and before the order is completed. c. For deliveries to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g. import duties) or costs (e.g. bank charges) may apply. These expenses are not paid by the seller, but are to be paid by the customer to the responsible tax or customs authorities. The seller recommends that the customer find out about the possible additional costs from the responsible authorities and based on the country regulations applicable to the customer. 9. Payment methods and terms of payment a. Unless otherwise agreed, payments are to be made without deductions, cash discounts or other discounts. b. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service provider also apply with regard to payment. Customers are asked to observe these regulations and instructions as well as information during the payment process. This in particular because the provision of payment methods or the payment procedure can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.). c. The customer ensures that he fulfills the conditions incumbent on him that are necessary for successful payment using the selected payment method. This includes in particular the sufficient coverage of bank and other payment accounts, registration, legitimation and authorization for payment services as well as the confirmation of transactions. i.e. If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, the customer shall bear the resulting fees, provided that he is responsible for the failed or reversed booking and in the event a SEPA transfer was informed about the transfer in good time (so-called "pre-notification"). e. Payment in advance - If payment in advance by means of a bank transfer 9 has been agreed, the payment amount is due upon conclusion of the contract, subject to an express agreement to the contrary. The seller informs the customer of his bank details. The delivery will take place after the payment. If the advance payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the customer and seller without further consequences. f. SEPA direct debit procedure - By placing the order, the customer gives the seller a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the seller is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed of the date of the debiting of the bank account (referred to as "Pre-Notification"). The pre-notification is not bound by form and can take the form of an invoice, information in an e-mail, on a website or in general terms and conditions, for example. The period for advance notice of the date of debiting the bank account is 5 days (referred to as the "Pre-Notification Period"). The invoice amount is due after the direct debit mandate has been issued, but not before the pre-notification period has expired. The account will be debited before the goods are shipped, but not before the pre-notification period has expired. G. Purchase on account - The invoice amount is due after the product has been delivered and invoiced and must be paid by the customer within 7 days without deduction by payment to the seller's bank account, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method purchase on account and not to offer the payment method to the customer if the credit check is negative. H. Cash on delivery - The customer pays the purchase price directly to the deliverer, for which a cash on delivery fee is incurred, which is not included in the total price. There are an additional 4.40 euros as costs for cash on delivery. i. Credit card payment - When placing the order, customers provide their credit card details. The customer's credit card will be charged immediately after completing the order and after the customer has been authorized as the legitimate cardholder. j. Amazon - The payment is processed by Amazon, whereby the customer can pay the amount owed by credit card or direct debit. The seller does not receive any payment data from the customer from Amazon. For items that are sold via the Amazon Marketplace via the Amazon.de domain and for items that are marked with the note 10 "Shipping by Amazon", Amazon offers the monthly invoice as an additional payment method (here in cooperation with arvato Payments Solutions GmbH ), financing (here in cooperation with "Barclaycard", offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact as well as iDeal and Przelewy24. In the case of the payment methods BLIK, Bancontact, iDeal and Przelewy24, the payment is debited immediately after the order is completed. In the case of the payment methods credit card, direct debit, monthly bill, financing, payment is made after the goods have been shipped. In the case of the payment method iDEAL, the customer needs a Dutch bank account, in the case of Bancontact a Belgian one and in the case of Przelewy24/BLIK a Polish bank account. Financing requires registration with Barclaycard. The use of the monthly bill and financing payment methods requires a successful address and credit check on the customer. More information about ordering through AmazonMarketplace:https://www.amazon.de/gp/help/customer/display.htm...YVJAY9A. More information about the accepted payment methods:https://www.amazon.de/gp/help/customer/display.htm...YVJAY9A; Further information for customers who are entrepreneurs and buy on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; The customer also receives information on the payment methods in the "My Account" area under "Your Payments". k. PayPal - The payment is made via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal type provided or selected by the customer -Payment made. Customers are forwarded directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full. 10. Retention of title If the seller pays in advance, the delivered products remain the property of the seller until full payment has been made. 11 11. Delivery, availability of goods a. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed. b. If a payment service provider is used with whom a delivery address is stored and through the use of the means of payment by the customer the seller is informed of this delivery address as decisive for the ordered delivery, the goods will be delivered to the different delivery address. c. If the delivery of the goods fails through the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately. i.e. If the ordered goods are not available because the seller is not supplied with this product by his supplier through no fault of his own, in particular with regard to ensuring delivery and a possible and reasonable effort, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable goods are available or the customer does not wish to have comparable goods delivered, the seller will immediately reimburse the customer for any consideration already paid. 12. Digital Content a. "Digital content" is content such as software, video and audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (ie not supplied on data carriers such as CDs or BlueRays). b. The provisions of these General Terms and Conditions apply accordingly to the sale of digital content. c. The provisions of these General Terms and Conditions apply accordingly to the sale of physical data carriers that are used exclusively as carriers of digital content. i.e. The digital content is provided to the customer in the form of a download option. e. The digital content is provided to the customer in the form of a continuous stream of data referred to as "streaming". f. The digital content will be sent to the customer by email to the email address provided. G. The seller is entitled to subsequently adapt and change digital content if this is necessary for the seller (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons that make it necessary to adapt content) is reasonable for the customer and the contractual use of the products and the contractual balance are not affected. H. The customer will be informed explicitly and with reasonable advance notice before the possibility of access to the purchased digital content expires. i. For the use of the digital content, access to the Internet as well as common and customary display options that are reasonable for the customer (e.g. a browser or PDF display software) are required. The Seller accepts no responsibility for any impediments to accessing or consulting digital content if these impediments are the Customer's responsibility (this applies in particular to the Customer's access to the Internet). 13. Sale of vouchers These terms and conditions apply accordingly to the sale of vouchers that embody material or monetary values. 14. Sale of License Keys a. These GTC apply accordingly to the sale of license keys. b. When purchasing a license key, the customer is granted the rights to use the respective product, for example software or content, as can be seen from the product description. c. If not specified in the product description, the license key may only be used after the fee has been paid. 13 15. Copyright and rights of use a. The products sold by the seller are protected by intellectual property law (in particular trademark and copyright law). The rights of use and exploitation lie with the seller or the respective rights holders. Customers undertake to recognize and observe these intellectual property rights. b. The customer receives the simple rights to use the purchased products for contractual purposes. Otherwise, the use and exploitation of the products is not permitted. In particular, the seller's copyrighted products may not be reproduced, distributed, made publicly available or made available to third parties in any other way on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal notices may not be removed from the products, unless this is necessary for the contractual use of the products or is permitted by law. c. If the products are subject to a specific usage license, customers will be informed of the usage license. In this case, the provisions of the usage license apply before these GTC. i.e. Permission to use is limited to private use and does not include any business or corporate use. e. If the seller makes an advance payment, the rights of use are only granted to the customer on a provisional basis and only become effective when the customer has paid the purchase price for the relevant products in full. f. The copyright notices and protective notices attached to the products within a reasonable and legally recognized framework (e.g. the "Copyright" sign ©) must be observed and the rights of use granted only apply as long as the aforementioned notices and notices are not removed or otherwise made unrecognizable will. Unless the removal or illegibility takes place within the scope of the usual or intended use of the products. 14 16. Cancellation policy The information on the consumer's right of cancellation can be found in the seller's cancellation policy. 17. Final Provisions a. The legal relationships between the customer, if he is an entrepreneur, and the seller are exclusively subject to the law of the Federal Republic of Germany, excluding the UN sales law. b. The place of jurisdiction is at the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or the customer has no general place of jurisdiction in the seller's country of domicile. The right of the seller to choose another permissible place of jurisdiction remains reserved. 18. Arbitration and consumer dispute resolution a. The European Commission provides a platform for online dispute resolution (OS), which you can find athttps://ec.europa.eu/consumers/odr/Find. Consumers have the opportunity to use this platform to settle their disputes. b. You can contact the following consumer arbitration board to settle the dispute:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show &lng=DE 1New text