Terms of service
General terms and conditions of sale
1. scope of application clientele
1.1 These General Terms and Conditions of Sale (hereinafter "GTC") shall apply to all contracts for deliveries and services between the
MDG Naturfasern GmbH
Hünerbergweg 34
79539 Lörrach
(hereinafter "MDG"),
registered in the Commercial Register of the District Court of Freiburg under HRB 717879
VAT identification number: DE152550346
Phone: 07621 161660
Fax: 07621 1616622
E-mail: mail@transhumance.de
represented by the Managing Director Michael Dal Grande and you as the customer (hereinafter "Customer").
1.2 The offer of MDG is exclusively directed to customers who are consumers.
1.3 The customer is a consumer, as far as the purpose of his ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
1.4 The customer's general terms and conditions shall not become part of the contract, even if MDG does not expressly object to them.
2. conclusion of contract
2.1 The contract shall be concluded in the German language.
2.2 The presentation and advertising of articles in our web store does not constitute a binding offer to conclude a purchase contract, but an invitation to the customer to order the products described in the web store.
2.3 The customer may choose the following options for concluding a contract:
2.3.1 Conclusion of a contract using the order function on the website "transhumance.de" (hereinafter referred to as the "MDG website"; such a contract is also referred to hereinafter as a "distance contract").
2.3.2 Distance contracts are also contracts concluded with MDG by telephone, e-mail, fax or mail.
2.4 If the customer uses the order function on the MDG website to conclude a contract, the customer shall make a legally binding offer to conclude a contract by clicking on the "Buy now" button after entering the required personal data (hereinafter referred to as "customer offer"). The customer is bound to the customer offer for three working days, unless he has revoked it beforehand(clause 3). All weekdays with the exception of Saturdays, Sundays and public holidays in Germany shall be deemed to be working days.
2.4.1 Before sending the order and pressing the "Buy Now" button, the customer can view the order data, change the order or cancel the order process at any time.
2.4.2 The customer offer can only be submitted and transmitted if the customer has accepted theseGTCin advance by clicking on the button "I have read the GTC and declare my agreement with the validity of the GTC by submittingthe order" and has thereby included these GTC in his customer offer.
2.4.3 After receipt of the customer offer, MDG shall send the customer an automatic confirmation of receipt by e-mail in which the details of the customer's order are listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's offer has been received by MDG and does not constitute acceptance of the customer's offer.
2.4.4 MDG may accept the customer's offer within three working days of receipt of the customer's offer.
2.4.5 If the product ordered by the customer is not available, MDG shall refrain from accepting the customer's offer. In cases of non-acceptance of the customer's offer, MDG shall inform the customer within three working days of receipt of the customer's offer and reimburse any payments already received without delay.
2.4.6 The contract shall only become legally effective upon receipt by the customer of a declaration of acceptance by MDG. The declaration of acceptance shall be sent with a separate e-mail (order confirmation). In this e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by MDG to the customer on a permanent data carrier (e-mail or paper printout). The contract text will be stored in compliance with data protection.
3. right of revocation
3.1 Customers who are consumers (cf . Clause 3, Sentence 1) generally have a statutory right of revocation upon conclusion of a distance contract (cf. Clause 2.3.1), which MDG informs about below in accordance with the statutory model. The exceptions to the right of revocation are regulated in Section 3.2. Section 3.3 contains a sample cancellation form.
- Cancellation policy -
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
MDG Naturfasern GmbH
Hünerbergweg 34
79539 Lörrach
Phone: 07621 161660
Fax: 07621 1616622
E-mail: mail@transhumance.de
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you;
In no case will you be charged for this repayment.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct cost of returning the goods
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
- End of the cancellation policy -
3.2 The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.
3.3 MDG informs about the model revocation form according to the legal regulation as follows:
4. delivery
4.1 MDG is entitled to make partial deliveries insofar as this is reasonable for the customer.4.2 Delivery shall be made at the customer's request to the customer's residential address or to a different delivery address that the customer can enter in the order process.
4.3 The delivery period for standard shipping is a maximum of 7 working days, unless a different delivery period has been specified on the MDG website. The delivery period begins, provided prior payment of the purchase price, with the conclusion of the contract (cf . Section 4 .6).
4.4 The risk of accidental loss or accidental deterioration of the goods (transfer of risk) shall pass to the customer upon handover of the goods.
5. retention of title
If MDG ships the goods to the customer before the purchase price has been paid in full, the delivered goods shall remain the property of MDG until payment has been made in full.
6. prices / shipping costs
6.2 Any costs for shipping to the customer as well as any other costs will be stated separately to the customer in the order process before the customer's offer is sent.
6.3 If MDG makes partial deliveries, shipping costs will only be incurred for the first partial delivery.
7. payment modalities
7.1 The customer can make the payment via PayPal or prepayment. If the customer picks up the goods at MDG's headquarters, cash payment is also possible.
7.2 The details of the payment modalities shall be explained to the customer before he submits his customer offer by clicking the "Buy now" button; up to this point, a change in the payment modality is possible at any time.
7.3 The payment of the purchase price plus any applicable shipping costs is due immediately upon conclusion of the contract (see section 2.4.6).
8. set-off; right of retention
8.1 The customer shall only be entitled to set-off rights if its counterclaims have been legally established, are ready for decision or are undisputed.
8.2 The customer shall only be entitled to exercise a right of retention if its counterclaim has been legally established, is ready for decision or is undisputed and is based on the same contractual relationship.
8.3 The rights of the customer in the event of defects in the delivery shall not, however, be limited by Clauses 1 and 8.2.
9.1 MDG shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code).
9.2 An additional warranty shall only exist if this was specified by MDG in the order confirmation.
9.3 The limitation period for statutory claims for defects shall be two years and shall commence with the delivery of the goods.
9.4 The customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform MDG of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual warranty claims.
10. liability
MDG shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
10.1 MDG shall be liable without limitation for all legal reasons
or health,
other guarantee,
10.2 If MDG negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless MDG has unlimited liability pursuant to Section 10.1 . Material contractual obligations are obligations which the contract imposes on MDG according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
10.3 Otherwise, MDG's liability is excluded.
10.4 The liability provisions in Sections 10.1 to 10 . 3 shall also apply with regard to MDG's liability for its vicarious agents and legal representatives.
11. copyrights
MDG holds copyrights to all images, films and texts published in the https://transhumance.de web store. Use of the images and texts is not permitted without the express consent of MDG.
12. data protection notice
MDG collects, processes and uses personal data of the customer, in particular his contact data for the processing of the order, including his e-mail address, if the customer has provided it to us. For the purpose of checking creditworthiness, we may use information (e.g. also a so-called score value) from external service providers to help us make a decision and make the method of payment dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, Art 6 para 1b) DSGVO. For details, please refer to our privacy policy (https://transhumance.de/policies/privacy-policy).
13 Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between MDG and the customer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
14 Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
MDG is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.