General terms and conditions of business
General terms and conditions of myfolie GmbH
Within the framework of contracts concluded via the internet site www.myfolie.com between myfolie GmbH
27 82008 Unterhaching
in the following
referred to as "provider" and the customers referred to in § 2 of the
contract in the following referred to
§ 1 Scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The provider offers articles (individual adhesive foils and accessories) (hereinafter referred to as "products") via the above-mentioned Internet pages.
(2) The customer can choose products from the assortment of the provider and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "Buy now" he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(3) The provider then sends the customer an automatic order confirmation by e-mail, in which the customer's order is listed again and which the customer can print out by using the "Print" function. The automatic order confirmation only documents that the order of the customer has been received by the provider and does not represent an acceptance of the application. The purchase contract is concluded when we accept your order by delivering the goods or by notifying you of the delivery or by sending you an order confirmation in text form within a maximum of 5 working days.
(4)We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view your past orders in our customer login area.
§ 3 Delivery, availability of goods
(1) If the Customer orders an item described according to the type, in particular with regard to condition, colour, weight, dimensions, design, the Supplier shall supply an item of average type and quality.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier will refrain from a declaration of acceptance. A contract does not come off in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation. In case of a delivery delay of more than 14 days, the customer has the right to withdraw from the contract.
(4) Shipment shall be effected after receipt of payment and after completion of production. The customer can give his order a higher priority (express or overnight) against payment. Express and overnight orders are given priority over orders received on the same day.
§ 4 Retention of title
(1) The delivered goods remain the property of the supplier until full payment has been made. If the customer is a merchant, the following paragraphs 2 to 5 apply in addition (2) The
delivered goods remain the property of the supplier until all claims against the customer to which he is entitled now or in the future have been fulfilled, including all balance claims from current account. If the customer behaves contrary to the contract - in particular if he is in default with the payment of a claim for remuneration - the provider has the right to take back the reserved goods after the provider has set the customer a reasonable deadline for performance. If the provider takes back the goods subject to retention of title, this constitutes a withdrawal from the contract. The customer shall bear the transport costs incurred for the return. It also represents a withdrawal from the contract if the supplier seizes the reserved goods. The customer may use the reserved goods taken back by the supplier.
(3) The customer must treat the reserved goods with care. He must insure them at his own expense against fire, water and theft sufficiently at replacement value.
(4) In the event of seizure of the reserved goods by third parties or other interventions by third parties, the Customer must point out the Supplier's ownership and must inform the Supplier immediately in writing so that he can enforce his ownership rights. If the third party is not able to reimburse the judicial or extrajudicial costs arising in this connection, the customer shall be liable for them.
(5) If the customer demands this, the provider is obliged to release the securities to which he is entitled insofar as their realisable value exceeds the value of the open claims against the customer by more than 10%.
§ 5 Delivery periods
The delivery time after acceptance of the order is within 5-8 working days (within Germany) in standard shipping, and within 2-4 working days (within Germany) in express shipping. If the order is accepted after 1 p.m., the period does not begin until the following day.
§ 6 Prices and shipping costs
(1) The prices at the time of the order apply. You can find out the period of validity of our limited price quotations where they are displayed in the shop. All prices are quoted including the statutory value added tax applicable at the time. For our Swiss customers, the prices quoted on the website correspond to net prices, i.e. federal taxes and customs duties may be levied additionally.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
(3) Notwithstanding the above paragraphs 1 and 2, the following prices and shipping conditions apply to deliveries abroad: The shipping costs result from the respectively valid shipping costs table, which can be viewed at http://www.myfolie.com/versand. Taxes and any customs duties to be paid are calculated and shown individually in the online shop depending on the applicable delivery thresholds, if any.
The goods are shipped by parcel post. The shipping risk is borne by the provider if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 7 Terms of payment
(1) If the customer has his residence or registered office in Germany, he can make the payment by
immediate bank transfer (price 0.00 €) Prepayment
(price 0.00 €)
Credit card payment (price 0.00 €) Purchase on
account for private customers (price 0.00 €) Instalment
payment for private customers (price 0.00 €).
For customers from abroad the payment option exists by immediate
bank transfer (price 0,00 €) Prepayment (price
0,00 €) Credit
card payment (price 0,00 €) Purchase on account
for private customers (price 0,00 €, only Austria) Payment by instalments for private
customers (price 0,00 €, only Austria) (2) Payment of the purchase
price is due immediately upon conclusion of the contract. If the provider has allowed payment on account, the payment of the purchase price is due upon receipt of the invoice. If the due date of the payment is determined by the calendar, the customer is already in default by missing the date. In this case, he shall pay the Provider default interest in the amount of 5 percentage points above the base interest rate.
(3) The customer's obligation to pay interest on arrears does not preclude the provider from asserting further damages caused by the delay.
(4) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.
The payment is always made to Klarna:
Invoice: The payment period is 14 days from dispatch of the goods/tickets/ or, in case of other services, the provision of the service. The complete invoice terms for the countries where this payment method is available can be found here: Germany, Austria.
Installment purchase: Klarna's financing service allows you to pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. Payment in instalments is due at the end of each month after Klarna has sent you a monthly invoice. For more information on instalment purchases including the General Terms and Conditions and the Standard European Consumer Credit Information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany, Austria.
§ 8 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(3) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.
§ Article 9 Liability
(1) Claims of the customer for damages are excluded. This applies to claims for damages of the customer from the injury of life, body, health or from the injury of substantial contractual obligations as well as the liability for other damages, which are based on an intentional or roughly negligent breach of duty of the offerer, its legal representatives or executing aides. Essential contractual obligations are those whose fulfillment is necessary to achieve the contract goal.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 10 Right of revocation for distance selling contracts
The following terms and conditions apply to contracts which the provider concludes with consumers exclusively using means of remote communication such as telephone or Internet etc.
§ 11 Cancellation policy for goods
Right of revocation
(1) Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal you have to inform us (myfolie GmbH, Von-Stauffenberg-Straße 27, 82008 Unterhaching, firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to withdraw from this contract. You may use the attached model revocation form, which 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.
(2) Consequences of the revocation If
you revoke this contract, we shall reimburse you for 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 different type of delivery than the one offered by us, which is subject to the same terms and conditions).delivery offered by us) without delay and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this refund we will use the same means of payment that 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 or until you have provided evidence that you have returned the goods
, whichever is earlier.You must return or hand over the goods to us, myfolie GmbH, Von-Stauffenberg-Straße 27, 82008 Unterhaching, Germany, immediately and in any case within fourteen days at the latest from the day you inform us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for the purpose of checking their condition, properties and functioning.
(3) The right of revocation does not apply to the following contracts:
contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of the revocation instruction
§ 12 Copyrights for print designs, release from liability
(1) If the customer transmits his own motif or otherwise influences the product (text personalisation), the customer assures myfolie GmbH that the text and motif are free of third party rights. In this case any copyright, personal rights or name rights violations are at the full expense of the customer. The customer also assures that he does not infringe any other rights of third parties by individualising the product.
(2) The customer will release myfolie GmbH from all demands and claims which are asserted due to the violation of such rights of third parties as far as the customer is responsible for the violation of duty. The customer shall reimburse myfolie GmbH for all defence costs and other damages incurred.
§ 13 Technical and creative deviations
We expressly reserve the right to deviate from the descriptions and details in our brochures, catalogues and other written and electronic documents in the performance of the contract with regard to material quality, colour, weight, dimensions, design or similar characteristics, provided that these are reasonable for the customer. Reasonable reasons for changes may result from customary fluctuations and technical production processes. Especially in the case of printed products, colour deviations in the end product are unavoidable for technical reasons. We only give colour guarantees after a proof confirmed in writing, which must be requested separately. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer.
§ 14 Final provisions
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(2) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
End of the General Terms and Conditions