Terms of Service
General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Dirk Hofmeister) via the www.midgards-messer-shop.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and / or the provision of repair services and / or the provision of assembly services.
(2) As soon as the respective product is placed on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods and / or repair services intended for purchase are stored in the „shopping cart“. You can use the corresponding button in the navigation bar to call up the „shopping cart“ and make changes there at any time.
After calling up the „Checkout“ page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the „back“ function of the internet browser) or to cancel the order.
By submitting the order using the „order with obligation to pay“ button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Conclusion of the contract for download products
(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).
As soon as the respective download product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the „shopping cart“. You can use the corresponding button in the navigation bar to call up the „shopping cart“ and make changes there at any time. After calling up the „Checkout“ page and entering your personal data and the terms of payment, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be directed back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them (also via the „back“ function of the Internet browser) or to cancel the purchase.
By submitting the order using the „order with obligation to pay“ button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 license for download products
(1) The download products offered are protected by copyright. You will receive a simple license for every download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple usage license includes the permission to save and / or print out a copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies. You are expressly forbidden to change or edit a file or parts of it and to make it privately or commercially available to third parties in any way.
§ 5 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications on file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and we do not assume any liability for errors.
§ 6 Provision of services for assembly services
(1) Insofar as assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief, personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time the installation services are performed, you have the opportunity to walk into the premises in an accessible and reasonably risk-free condition. You are also obliged to provide us with electrical energy and, if necessary, water. We are entitled to terminate the part of the contract for the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you fail to meet your cooperation obligations. For this purpose, we will set you a reasonable period during which you can make up for the necessary cooperation services.
(4) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet started. If the statutory right of withdrawal exists, this only applies if you only make use of your right of termination after the withdrawal period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
§ 7 Provision of services for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief, personally or through third parties.
(2) You are obliged to cooperate, in particular you have to describe the existing defect in the device as comprehensively as possible and make the defective device available.
(3) You bear the costs of sending the defective device to us.
(4) Unless otherwise specified in the respective offer, the repair, including the sending of the device, takes place within 5 – 7 days of receipt of the device to be repaired (if advance payment has been agreed, however, only after the time of your payment instruction).
(5) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a flat fee if the execution has not yet started. If the statutory right of withdrawal exists, this only applies if you only make use of your right of termination after the withdrawal period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
§ 8 Special agreements on the types of payment offered
(1) Credit check
If we make advance payments, e.g. in the case of payment on account or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for the purpose of checking creditworthiness on the basis of mathematical and statistical procedures in order to safeguard our legitimate interests. We reserve the right to refuse the payment method on account or direct debit as a result of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Invoice: The payment period is 14 days from dispatch of the goods / ticket / or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany.
Installment purchase: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly installments on the terms specified in the checkout. Payment in installments is due at the end of the month after Klarna has sent a monthly invoice. You can find more information on hire purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available here (only available in the countries specified): Germany.
Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.
The use of the payment methods invoice and / or hire purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
Further information and Klarna’s terms of use can be found here. General information about Klarna is available here. Your personal details will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations.
You can find more information about Klarna here. You can find the Klarna app here.
§ 9 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 10 warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 11 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Dirk Hofmeister
Bachstrasse 1
78247 Hilzingen – Binningen
Germany
Email: info@midgards-messer.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions „Conclusion of the contract“ of our general terms and conditions (Part I.)
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have submitted to the buyers‘ seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertferenzbedingungen.pdf and https: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred by the
Money transfers (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
8. Statutory warranty rights
The liability for defects is based on the „Warranty“ provision in our General Terms and Conditions (Part I).
9. Termination
9.1. Information on the termination of the contract as well as the termination conditions can be found in the regulations on „Installation services“ in our General Terms and Conditions (Part I), as well as in the respective offer.
9.2. Information on the termination of the contract as well as the termination conditions can be found in the regulations on „Repair Services“ in our General Terms and Conditions (Part I), as well as in the respective offer.
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020