General Terms and Conditions (“GTC”) for purchases at daspflaster.com
§ 1 GENERAL, SCOPE OF THE TERMS AND CONDITIONS
1.1 Contractual partner is the:
MBC Medienagentur UG
Alte Leipziger Straße 8
Commercial Register: HRB 130037 B Register Court: Charlottenburg District Court
Managing Director: Klaus Asemann (hereinafter “MBC”).
1.2 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply.
1.3 Customers within the meaning of these GTC are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a contract with MBC.
§ 2 CONCLUSION OF THE CONTRACT, FORMATION OF THE CONTRACT
2.1 You can order by email or in our online store. Our offer is binding. With your order you accept our offer to conclude the contract. The contract is therefore concluded when you send your order to us. You will receive an order confirmation by email.
2.2 How to order in our online store:
- By clicking the button “Add to shopping cart” you can put your patch in the shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart button. You can remove the products from the shopping cart again by clicking on the “Remove X” graphic or adjust them by clicking on “Change quantity”.
- f you want to buy the plasters in your shopping cart, click on the button “Proceed to checkout” in the page Cart”. In the further course of the ordering process enter your order data.
- Then select the desired payment method.
- In the last step you will get an overview of your order data under “Confirm” and you can check all details again and change them under “Edit”. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting again.
- Now you also have the opportunity to submit an engraving request. Depending on the length and effort, we will calculate this extra and send you a quote.
- To complete the purchase, you must accept our terms and conditions and press the button “order with costs”. This will send the order to us.
§ 3 STORAGE OF THE CONTRACT TEXT
We store your order, the entered order data and the entire contract text. We will send you an order confirmation by e-mail containing all order data and the entire text of the contract. This confirmation of receipt also represents the order confirmation with which we confirm your contract. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us.
§ 4 RIGHT OF REVOCATION FOR CONSUMERS
The following right of revocation only applies to consumers:
Cancellation Policy/Right of Withdrawal
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (MBC Medienagentur UG, Alte Leipziger Straße 8,10117 Berlin) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or email).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the patches back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the pflaster to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the costs of returning the goods.
The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (for example, in the case of engravings ordered by you).
§ 5 SAMPLE CANCELLATION FORM
(If you want to revoke the contract, please fill out this form and send it back).
MBC Medienagentur UG
Alte Leipziger Straße 8
Herewith I/we () revoke the contract concluded by me/us () concerning the purchase of
of the following goods
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
§ 6 PRICES
All prices include statutory VAT, any customs duties and all other price components. We deliver free of shipping costs. We ship with DHL or another provider of our choice.
§ 7 TERMS OF PAYMENT
7.1 Payment shall be made either by advance payment, PayPal or “Sofort” (formerly “Sofortüberweisung”).
7.2 If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount must then be transferred to our account within ten days.
7.3 You probably know this: When purchasing with PayPal or “Sofort” you will be taken directly from the ordering process to the payment pages and make the payment. Your account will be debited upon completion of the order.
7.4 The payment processing for purchases with PayPal or “Sofort” is carried out by our external payment processor.
§ 8 TERMS OF DELIVERY
8.1 We deliver to all addresses within Germany and to Austria. Other countries are not excluded, but we ask you to ask us individually (email is sufficient: info(at)daspflaster.com).
8.2 We ship the patches within one week after receipt of payment (and thus conclusion of the contract).
§ 9 WARRANTY AND LIABILITY
The warranty is of course in accordance with the statutory provisions.
§ 10 CUSTOMER SERVICE
Even with the greatest precision, mistakes can happen. If, contrary to expectations, something does not work out as expected, or if you have any questions or requests, please contact us by email: info(at)daspflaster.com. We are friendly and accommodating.
§ 11 LEGAL SYSTEM, PLACE OF JURISDICTION,
REFERENCE TO THE CONSUMER DISPUTE RESOLUTION ACT (VSBG)
11.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event of any dispute as to the meaning and interpretation of clauses of the English version of these General Terms and Conditions, the German wording shall prevail in case of doubt.
11.2 In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence.
11.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be 10117 Berlin.
11.4 Please note that we are not willing or obligated to participate in dispute resolution proceedings of the consumer arbitration boards.
§ 12 OTHER
12.1 The contract language is German.
12.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
Status as of March 2023