General Terms and Conditions
General terms and conditions (as of 31.05.2019)
31162 Bad Salzdetfurth
§ 1 Scope and provider
(1) These terms and conditions apply to all orders you place in the online shop of MSOfficehandel UG, represented by the managing director Faruk Ferizai, Jahnstraße 1, 31162 Bad Salzdetfurth.
(2) The range of goods in our online shop is directed exclusively at buyers who have reached the age of 18 and entrepreneurs.
a) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
b) Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict or supplement our general terms and conditions is hereby already contradicted.
(4) Contract language is exclusively German.
(5) You can view the currently valid general terms and conditions on the websitehttps://www.blitzhandel24.de/agband print it out.
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button ["Order now subject to payment"/ "Buy"], you submit a binding purchase offer. Immediately before placing this order, you can check the order again and correct it if necessary.
(3) The offer to conclude a purchase contract will be accepted by us within two weeks; if no acceptance is made, the offer to conclude a purchase contract is rejected. The contract is only concluded when the declaration of acceptance is submitted, which is sent with a separate e-mail (order confirmation).
(4) The parties expressly agree that a contract shall also come into existence if the customer pays for the goods via a possible payment service (Paypal), the payment has been accepted by us and an order confirmation has been sent by us.
(5) The contractually owed services (goods, price) result from the confirmation of the purchase contract (order confirmation), the concluded contract or the invoice.
(6) The purchase price is due immediately. If and insofar as we confirm delivery dates in writing, these are concrete dates of a delivery. Due to the large number of imponderables (upstream suppliers, infrastructure, etc.), we shall only be liable for exceeding the delivery date if the liability for this has been expressly confirmed by us in writing and individually. The delivery dates are generally binding.
(7) Should it not be possible to fulfil the order on time, you will be informed immediately after we have learned of the delay or failure of delivery. You have the right to withdraw from the contract and will be reimbursed for the services already provided (money).
(9) Expressly not subject matter of the contract are services, installation aids or the provision of a copy of the software suitable for installation. These services are provided by the manufacturer of the purchased software.
(10) User documentation is generally provided by the manufacturer; if this is not done, we will assist you in obtaining the documentation or provide you with it. In this case, documentation shall only be owed in the German language.
(11) Your orders will not be stored by us after conclusion of the contract and cannot be retrieved after completion of the ordering process. However, you can print out the order data immediately after sending it. Therefore, please keep all documents and messages you receive from us carefully.
The prices stated on the product pages include the statutory value added tax of currently 19 percent and other price components.
(1) The payment is made either by prepayment, Paypal or invoice.
a) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. After receipt of payment we deliver the goods.
b) When paying with PayPal you have the choice between Paypal, direct debit and credit card. During the ordering process you will be redirected to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal in L-2449 Luxembourg (PayPal). In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is automatically carried out by PayPal immediately afterwards. You can read the terms and conditions of Paypal here:https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE...to see.
c) In the case of payment on account, we obtain information about your creditworthiness from a service provider in order to assess our credit risk. You can avoid an assessment of your creditworthiness by selecting a different payment method. If the assessment of your creditworthiness is sufficient for us, we will deliver the goods immediately; you pay the invoice conveniently after receipt of the invoice with a payment term of 14 days. The possibility to pay on account is confirmed or rejected by us within 24 hours after receipt of the order.
(2) The selection of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only advance payment to cover our credit risk.
(3) If you fall behind with a payment, you are obliged to pay the legal default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent to you after the occurrence of the delay, you will be charged a reminder fee of 2.50 EUR, unless lower or higher damages are proven in the individual case.
(4 ) For further information click here:https://www.blitzhandel24.de/versand-und-zahlungsbedingungen
Klarnas payment options
In collaboration withKlarna Bank AB (publ)Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- ·Direct debitThe debit is made after the goods have been shipped. The date will be communicated to you by e-mail. You can find further informationhere.
- ·credit card(Visa/Mastercard): Available in Germany, Austria and Sweden. The debit is made after dispatch of the goods or tickets / availability of the service or in case of a subscription according to the communicated times.
- ·Instant bank transferAvailable in Germany, Austria, Sweden and the Netherlands. Your account will be debited immediately after placing the order.
If the payment method "Amazon Pay" is selected, payment is made via the payment service provider Amazon Payments Europe s.c.a 38 avenue J.F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon Pay") using the payment information stored in the customer's Amazon account, subject to the terms and conditions for payments via Amazon Pay, available at https://pay.amazon.de/help/201751590 and the supplementary guidelines at https://pay.amazon.de/help/201754600.
(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
(1) Unless otherwise agreed, delivery of the goods within 4 working days after receipt of the purchase price by
a) the provision of a link; which enables the download of the ordered goods to the storage medium of your choice
b) or sending a storage medium;
c) or by handing over a number code necessary to activate the software (product key, installation ID, product ID, etc.).
(2) It is the customer's responsibility to provide suitable software that enables the files and contents to be opened, edited and printed out properly.
(1) In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The period begins from the day on which you or a third party other than the carrier and designated by you have taken possession of the goods.
Exercise of the right of withdrawal
To exercise your right of withdrawal, you must
31162 Bad Salzdetfurth
E-mail: [email protected]
phone +49 800 1100077
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest Standard offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
Right to cancel for digital content
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us
31162 Bad Salzdetfurth
E-Mail: [email protected]
Phone +49 800 1100077of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Sample revocation form
If you want to cancel the contract, please fill out this form and send it back.
31162 Bad Salzdetfurth
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
The right to cancel does not exist for the following contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) The statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
(3) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch suffices to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can choose to demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
(1) The goods remain our property until full payment has been received.
(2) If and to the extent that you have acted as an entrepreneur in the purchase contract concluded with us, we shall retain title to the goods until all claims arising from the current business relationship have been settled in full.
The customer may resell the reserved goods in the ordinary course of business; the customer assigns to us in advance all claims arising from this resale, irrespective of any combination or mixing of the reserved goods with a new item, in the amount of the invoice amount. We accept this assignment. The customer remains authorized to collect the receivables, but we may also collect receivables ourselves if you do not meet your payment obligations. If the customer acts in breach of contract, we are entitled to withdraw from the contract and demand the return of the goods.
(1) We shall be liable without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
(1) All digital contents provided by the seller are protected by copyright.
(2) The customer acquires a time-unlimited, simple, non-transferable right of use exclusively for non-commercial use in accordance with the licence conditions of the respective manufacturer. The customer shall not be granted any rights of exploitation. In particular, he may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction which serve exclusively for personal use.
(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5) The seller is entitled to personalize digital contents made available for download individually with visible and invisible markings in order to enable the investigation and legal prosecution of the original purchaser in case of misuse.
(6) In the event of unauthorised use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty per infringement, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
(1) The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which is available athttps://www.ec.europa.eu/consumers/odris callable. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
§ Article 13 Final provisions
(1) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.
(2) To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between us and you is the headquarters of MSOfficehandel UG.
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