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General Terms and Conditions
Scope of application
The following Standard Business Terms apply to all contracts concluded between you and Musterbrand GmbH & Co. KG (hereinafter "Musterbrand")
pertaining to the purchase and delivery of goods from our online store, regardless of the means of telecommunications used.
Offers, prices & shipping costs
Our offerings in the online store are subject to change without notice. Article descriptions are updated on an ongoing basis, however we cannot rule
out errors in individual cases. Goods will only be sold in commercially common quantities.
You can order your goods in your national currency or in EUR. We cannot accept orders in other currencies. The prices specified are subject to
statutory VAT. You may find shipping costs that will additionally be charged listed on our page "Delivery & shipping".
Please note there is no free exchange for reduced clearance items. All sales on clearance items are final. Our return policy is not affected by this, you
can return those items within 30 days for a full refund.
Registration & use of the online store
You are responsible for providing truthful and complete information when entering your personal data required for registration. You are obligated to treat
your personal access data confidentially and not to provide access to unauthorized third parties.
In addition, you are solely responsible for comments and product evaluations you post in the online store. These may not violate any rights of third
parties. We are not obligated to store or publish the content you provide.
You may only maintain a single customer account at one time. We reserve the right to delete multiple registrations and/or to delete or change any
content you provide if it violates applicable law.
Orders, contract conclusion & delivery
By clicking the button "Order payment obligation", you are placing a binding order for the articles contained in your shopping cart. An order confirmation
will be sent immediately to the e-mail address you provided. We will then review your order and prepare the your purchases for shipment. You will be
informed of the shipment of the goods by e-mail. In the case of "pre-orders", we will send you a written "certificate" regarding your order after receiving your
payment. Goods will be shipped when they become available.
A legally effective purchase contract is only concluded upon shipment of the goods, or in case of "pre-orders", after the "certificate" is sent.
We will inform you in the event individual articles are temporarily not available for delivery. In such cases, we will first send you the articles in your order
that are in stock. We will send the article(s) to be delivered later immediately upon availability, free of additional shipping charges.
We will notify you should individual articles not be available or no longer be available and refund any payment already made. If an effective purchase
contract has already been concluded at that point in time, we have the right to revoke all agreements regarding the unavailable articles, provided it is not a
temporary delivery problem, the unavailability is not our responsibility, we cannot purchase the goods elsewhere on a timely basis. In this case, we will inform
you immediately and will refund any prior payments immediately.
Payment & retention of title
In case of doubt, the purchase price is due immediately. Different options are available to you for payment. These are listed on our page "Payment
We retain title to the goods until payment has been made in full.
We are liable to for any damages you incur as a result of gross negligence or malicious action on our part, gross negligence or malicious action on the
part of our management staff or culpable injury to life, limb, or health. Otherwise – regardless of the legal ground – we only bear liability in the event of culpable
violation of material contractual obligations that are essential to achievement of the purpose of the contract, and in the event of the malicious or grossly
negligent action of ordinary agents. In these cases, our liability is limited to the damages typically foreseeable upon conclusion of the contract. For each
individual case, our liability is limited to three times the invoice amount of the delivery in question. The foregoing is without prejudice to liability pursuant to
German product liability law (Produkthaftungsgesetz) and other mandatory legal regulations . In all other cases, our liability is excluded.
Changes or additions to the contract and these Standard Business Terms must be made in writing. This applies equally to any change to this requirement
for the written form.
Offset against our claims is only permitted in the case of counterclaims which are uncontested or which have finally been determined by a court. The
exercise of retention rights not based on the same contractual relationship is excluded.
Should individual provisions of these terms be or become void, ineffective, and/or impracticable in whole or in part, this shall not affect the effectiveness
of the remaining provisions.
The place of fulfilment and payment is Hamburg, Germany. The law of the Federal Republic of Germany applies, with the exception of its regulations on
international private law. The applicability of UN Convention on the International Sale of Goods (UNCISG) is excluded. This selection of jurisdiction applies to
consumers only to the extent that the consumer is not deprived of protection granted by mandatory regulations of the law of the country in which he or she
If you are a businessperson, legal entity under public law, or a public-law special fund, then the exclusive jurisdiction is Hamburg, Germany; however, we
are also entitled to file suit in any other legal jurisdiction.