Terms of Service
These General Terms and Conditions (hereinafter referred to as the "Terms") of Minicatwalk.com (hereinafter "Seller") apply to all contracts made by a consumer or contractor (hereinafter "Customer") with the Seller as to the goods displayed by the Seller in its online store and / or services. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer can also submit the offer by e-mail to the seller.
The seller can accept the offer of the customer within five days by sending the customer a written order confirmation or an order confirmation in writing (e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or by requesting the customer to pay after submitting his order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. If the customer does not pay by prepayment within 10 days, the order will be automatically canceled.
The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer.
When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order together with the present terms and conditions in writing (eg e-mail). In addition, the contract text is archived on the seller's website and can be retrieved by the customer via his password-protected customer account, stating the corresponding login data, provided the customer has created a customer account in the seller's online shop before sending his order.
Before binding the order via the online order form of the seller, the customer can correct his inputs continuously using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there by means of the usual keyboard and mouse functions.
For the conclusion of the contract, only the German language is available.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
Consumers are in principle entitled to a right of withdrawal. Books can not be returned.
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
Unless the seller's product description indicates otherwise, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The customer has various payment options available, which are specified in the online shop of the seller.
If prepayment is agreed by bank transfer, the payment is due immediately after conclusion of the contract. Should no payment be noted within 7 days, Minicatwalk reserves the right to cancel the order.
The payment option (s) will be communicated to the customer in the online shop of the seller.
5) Delivery and shipping conditions
The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
For goods that are delivered by forwarding, the delivery is "free curbside", ie up to the delivery address nearest public curb, unless the shipping information in the seller's online shop otherwise and unless otherwise agreed.
If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him had announced the performance a reasonable time previously.
Pickup is not possible for logistical reasons.
6) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of action vouchers
Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher.
Action vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
Only one action coupon can be redeemed per order.
The value of the goods must at least equal the amount of the action voucher. Any remaining balance will not be refunded by the seller.
If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
The balance of an action voucher is neither paid in cash nor interest.
The action voucher will not be refunded if the customer returns all or part of the goods paid for with the action voucher as part of his statutory right of withdrawal.
The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
9) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity.
However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
11) Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts which a consumer is involved.