Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Applicable Law
11. Alternative Dispute Resolution

 

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of René Hüsgen, acting under "Mairlynd" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted unless otherwise agreed.

1.2 For contracts regarding the provision of digital content, these GTC apply accordingly, unless otherwise stipulated. Digital content in the sense of these GTC are data that are created and provided in digital form.

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or self-employed professional activity.

1.4 An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

 

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute a binding offer from the Seller, but serve as a basis for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, they submit a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,

- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive in this respect, or
- by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive in this respect, or
- by requesting payment from the Customer after their order has been placed.

If multiple of the aforementioned alternatives exist, the contract is concluded at the moment one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the close of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g., email, fax, or letter) after the submission of their order. No further accessibility of the contract text will be provided by the Seller. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.

2.6 Before the binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries in the electronic ordering process as long as they use the usual keyboard and mouse functions, until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller with the order processing can be delivered when using spam filters.

 

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal information.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

 

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be separately stated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise that the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered by the payment service "Shopify Payments" is selected, the payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

 

5. Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, the delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the order processing of the Seller is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply regarding the costs for the outbound delivery if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions made by the Seller in the withdrawal information regarding effective exercise of the right of withdrawal by the Customer apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands over the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller hands over the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has instructed the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded promptly.

5.5 Pick-up is not possible for logistical reasons.

5.6 Digital content will be provided to the Customer as follows:



- Via a download link
- By email
- Via an account established by the Seller for the Customer

 

6. Granting of Usage Rights for Digital Content

6.1 The Seller grants the Customer a simple, non-transferable right to use the digital content provided for personal use. The Customer is not entitled to transfer, sell, or sublicense the digital content.

6.2 The Customer is entitled to print the digital content for personal use.

 

7. Retention of Title

7.1 The Seller retains ownership of the delivered goods until the purchase price has been paid in full.

7.2 If the Customer acts as an entrepreneur, the following applies in addition: The Seller retains ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. The Customer is entitled to resell the goods in the ordinary course of business; however, they hereby assign to the Seller all claims in the amount of the final invoice amount (including VAT) that arise from the resale against their buyers or third parties, and the Seller accepts this assignment. The Customer remains authorized to collect these claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claim as long as the Customer meets their payment obligations from the collected proceeds, is not in default of payment, and no application for the opening of insolvency proceedings has been made.

 

8. Liability for Defects (Warranty)

8.1 The warranty rights of the Customer are governed by the statutory provisions.

8.2 If the Customer acts as an entrepreneur, the warranty period is one year from the transfer of risk. The delivered goods must be inspected immediately upon receipt for completeness, obvious defects, and transport damage and must be reported to the Seller immediately after delivery. If the Customer fails to provide such notice, the goods are deemed approved.

8.3 If the Customer acts as a consumer, the statutory provisions regarding the warranty rights remain unaffected.

 

9. Liability

9.1 The Seller is liable without limitation for intent and gross negligence. For slight negligence, the Seller is only liable for violations of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the Customer may regularly rely on (cardinal obligations). In such cases, the Seller is liable only for foreseeable damage that typically occurs.

9.2 The limitations of liability do not apply to damages arising from injury to life, body, or health, for which the Seller is liable according to the statutory provisions. The same applies to claims under the Product Liability Act.

9.3 The above provisions do not constitute a change in the burden of proof to the detriment of the Customer.

 

10. Applicable Law

10.1 The law of the Federal Republic of Germany applies. This does not affect mandatory legal provisions of the Customer's state of residence, particularly consumer protection provisions.

11. Alternative Dispute Resolution

 

11.1 The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.