General Terms and Conditions of Business
§ 1 General Information
1. In respect to business relations of all types between the firm muc89 and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively.
2. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘Confirm Order’ button, customers agree to buy the goods in the cart, and this order is legally binding. The General Terms and Conditions are shown to the customer and the customer shall confirm these by enabling a related check box. The customer receives an order confirmation immediately after the order is transmitted. The sales contract becomes effective on receipt of our separate order confirmation or the delivery of goods. We then store the text of the contract and email the order data to the customer. The customer is able to view all prior orders after logging in to the My Account pages of our website.
3. The firm muc89 reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that further legal claims be raised by the customer against the firm muc89.
4. The contractual language is German.
§ 2 Delivery
1. If the customer is an entrepreneur (§ 14 German Civil Code), delivery shall generally be at the customer’s risk. This shall also apply for partial deliveries. If the customer is a consumer in the sense of § 13 German Civil Code, the risk of accidental destruction and accidental deterioration of the purchased object shall only pass to the customer at handover of the object even if the object is shipped. The purchaser entering in acceptance default shall be equal to handover. Delivery shall be to the delivery address specified by the customer.
2. All prices are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging, handling and transportation.
3. Shipping charges can be found under International Shipping. In case the goods are shipped to a foreign country outside the European Union, the customer also bears the taxes, tariffs and fees.
4. The goods shall be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation and packaging damages are to be confirmed in written form by the transportation company upon delivery and reported muc89 by the customer via email promptly.
5. In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
§ 3 Rights of Refund
1. Statutory Right Of Withdrawal: The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw from the contract in writing (email, letter or form provided by muc89) within 14 days without giving any reason. The term starts with receipt of the goods by the recipient or a named third, which is not the transport service provider (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery). The withdrawal deadline is deemed to be met if the notice of withdrawal was sent in a timely fashion. A notice of withdrawal by email shall be mailed to: info muc89.com
2. The merchandise shall be returned without undue delay and within 14 days after declaration of withdrawal. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered. The return shall be sent to the address in Germany provided by muc89 in the answer to customer's withdrawal email.
3. Consequences of Cancellation: In case of an effective cancellation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate muc89 for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them – e.g. the way a customer in a brick and mortar store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. The obligation to return received payments shall be fulfilled within 14 days. For the customer the grace period for returning the goods starts with the date the cancellation is sent; for the vendor muc89 the grace period for refund begins with the receipt of the return. muc89 will refund all delivery costs from muc89 to the customer with the exception of additional costs, arising from that the customer may have chosen a different type of delivery as the most affordable, standard type of delivery.
4. Financed Business Transactions: In case the vendor finances the transaction through a loan and the customer cancels the transaction, the customer is no longer legally bound by the terms of the loan agreement, provided the two agreements constitute an economic unit. This is the assumption when muc89 acts toward the customer as the vendor and the lender or in case muc89 assists the customer in securing the loan. If at the time of the cancellation of the goods we have already become the beneficiary of a granted loan, then the lender shall step into our rights and obligations toward the customer as far as they are the result of the financed agreement.
5. Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the customer's specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal.
6. Right Of Withdrawal does not apply, if the customer is an entrepreneur (§ 14 German Civil Code).
§ 4 Warranties and Claims for Damages
1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm muc89 in writing are not protected by warranty.
2. Naturally occurring signs of wear are equally excluded from warranty protection.
3. Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 5 have been fulfilled. This in turn does not hold true if the customer is a “consumer” in the sense defined by § 13 German Civil Code (BGB).
5. The warranty period for new objects shall be 24 months. The period shall commence upon transfer of risk. The warranty period for used objects shall be 12 months deviating from this agreement if muc89 is not liable without limitation pursuant to § 5, item 7, in particular for violation of life, body and health. If the customer is an entrepreneur in the sense of §14 German Civil Code (BGB), the warranty period for new objects shall be one year, and for used objects six months after passing of the risk.
6. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
7. The firm muc89 is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm muc89 or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm muc89 is limited to foreseeable damages alone.
§ 5 Due Dates and Payment Conditions
1. Invoices sent by the firm muc89 – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay. Payment is to be made in cash on delivery only in case C.O.D. Service has been agreed. Otherwise, the customer pays by credit Card, PayPal or makes a prepayment. A direct debit shall be made for credit card payments following issue of the invoice and shipment of goods. The invoice total shall be reserved on the customer’s credit card directly after placement of an online order.
2. In case of prepayments, the value date of the invoiced amout (without deduction of any discount) at the banking account from muc89 shall be not later than five workdays after placement of an online order. Otherwise, muc89 may cancel the order. The customer will be informed about the cancellation by email.
3. muc89 reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears all banking fees.
4. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of eight percentage points above the standard German interest rate for the period of delinquency. In the event the firm muc89 is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
§ 6 Reservation of Ownership
1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm muc89, to the extent the customer is a businessman or businesswoman in the sense of the German Commercial Code (HGB). In respect to contracts negotiated with consumers, cp. § 13 German Civil Code (BGB), the firm muc89 reserves its right of property until the full remittance of the purchase price.
2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm muc89. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm muc89 and the customer, including interest and any subsidiary demands to be brought against the firm muc89. The firm muc89 accepts this relinquishment of rights.
§ 7 Place of Execution and Place of Jurisdiction
1. The law of the Federal Republic of Germany shall apply with the exclusion of the CISG.
2. If the customer is consumer within the EU, the law of the country of consumers primary residence may also apply, as long as consumer protection legislation is concerned.
§ 8 Severability
In the event that any provision of this Terms and Conditions should be determined by any court or body of competent jurisdiction to be partially void or unenforceable, but would not have been so determined had it been in other terms (including, without limitation as to duration, geographic extend, scope amount to other terms) then such provision shall be deemed to have been written in the first instance in such other terms. Subject to previous clause, in the event that any provision of this Terms and Conditions shall be determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject or by virtue of any other reason whatsoever, it shall be void or unenforceable to that extend only and no further and the validity and enforceability of any other provisions of this Terms and Conditions shall not be affected.