General terms and conditions and customer information

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 provider (menbun GmbH) via the website menbun.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. We sell the goods partly or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, we are the contractual partner with all rights and obligations.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via 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 intended for purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar name) 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 (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 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 immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties 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 accuracy and therefore assume no liability for errors.

§ 4 Special agreements on payment methods offered

(1) Credit check If we make advance payments, e.g. when paying by invoice or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, in order to protect our legitimate interests for the purpose of credit checks based on mathematical and statistical procedures. We reserve the right to refuse you payment by invoice or direct debit based on the results of the credit check.

(2) Payment via "PayPal" / "PayPal Checkout" If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be carried out via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory liability for defects applies.

(2) If we inform you of this before submitting the contract and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply: - to damages attributable to us caused by negligence resulting from injury to life, body or health and to other damages caused intentionally or through gross negligence; - to the extent that we have fraudulently concealed the defect or have provided a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

(4) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

menbun GmbH Ottostraße 16 30827 Garbsen Germany

Phone: 051314631177

Email: info@menbun.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding 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 complete contract text. 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 receive the order, the order data, the legally required information 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 subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf. 4.2. We have subjected ourselves to the test criteria for awarding the EHI Certified Online Shop seal of quality of the EHI Retail Institute GmbH, which can be viewed at the following link: https://ehi-siegel.de/fileadmin/redaktion/gos_contracts/gos-Kriterien_160926.pdf. 4.3. We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components including all applicable taxes. 6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised. 6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer. 6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer. 7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, 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 designated to carry out the shipment.

8. Legal

Liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). These General Terms and Conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2023