Terms and conditions
§ 1 GENERAL INFORMATION, SCOPE OF THE GBC
1.1 All deliveries and services of the MORGENWERK UG, Hallerstraße 6, 20146 Hamburg (hereinafter “MORGENWERK”) are carried out solely on the basis of the following General Business Conditions in the version valid at the time the order is placed. Other business conditions are not applicable unless explicitly agreed in writing.
1.2 As understood in these business terms and conditions, “customer” can mean either consumer or entrepreneur. As understood in these business terms and conditions, “consumers” are natural persons who conclude contracts for a purpose that cannot be considered part of their trade or professional activity. As understood in these business terms and conditions, “entrepreneurs” are natural or juristic persons or judicable partnerships that, in concluding a contract with MORGENWERK, are acting in a commercial or self-employed professional context.
§ 2 CONTRACT CONCLUSION, REALIZATION OF THE CONTRACT
2.1 You can order from our online shop or by sending an e-mail to email@example.com. Our offer is binding. With your order, you accept our offer to conclude a contract. The contract is concluded with your dispatch of your order to us. You will receive the order confirmation by e-mail.
2.2. This is how you order in our online shop:
Once you have found the product of your choice, you may take a closer look at the product without any obligation by clicking the »DETAILS« button or the picture of the product. By clicking the button »PURCHASE« you may place the item in the shopping cart.
You can view the content of your shopping cart at any time and without obligation by clicking the cart symbol button. Your can remove products from the shopping cart by clicking the x-icon or change the ordered quantity of the article by clicking + or - button or changing the numeral quantity directly. If you want to buy the products in your shopping cart, you must accept the Terms, acknowledge your right of withdrawal and click the button »CHECKOUT WITH PAYPAL« after that.
If you have chosen the option for a separate billing address, you will be referred to the respective billing address form by clicking the »NEXT« button where you can fill in your billing address information.
Complete your order by clicking the »CHECKOUT WITH PAYPAL« button. You will be directed to the PayPal log-in page where you can securely finish your payment process. Your order is finished only if you have completed your payment successfully.
2.3 Ordering concludes the contract with:
Tel. +49 40 55 56 71 44
Arne Römer und Atakan Çiçek
Register Court Hamburg
VAT ID: DE286586034
§ 3 STORAGE OF THE CONTRACT TEXT
We store your order and the ordering data provided. We will send you by e-mail an order confirmation with all the ordering data. You also have the opportunity to print out both the order and the General Business Conditions before sending your order to us. If you have set up a customer account with us, you will have access at all times to the orders you have placed.
§ 4 CONSUMER RIGHT TO CANCEL
The following right to cancel applies for consumers only:
Cancellation policy Right of Cancellation
You have the right to cancel this agreement, no questions asked, within thirty days.
The cancellation period is thirty days from the date on which you or a third party designated by you who is not the carrier took possession of the goods.
To exercise your right to cancel, you must notify us at MORGENWERK UG, Hallerstraße 6, 20146 Hamburg, email: firstname.lastname@example.org with a clear statement (e.g., letter by postal service or email) of your decision to cancel the agreement.
Your cancellation will be considered to be within the cancellation period so long as your notice to exercise your right to cancel was sent before the expiration of the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we are required to return to you any payments that we have received from you, including delivery charges (with the exception of any extra costs resulting from your choice of a method of delivery other than the standard delivery offered by us), promptly and within fourteen days of the date on which the notice concerning your cancellation of this agreement was received by us. We will use the same manner of payment for this reimbursement as you used for the original transaction unless we have made explicit agreement with you to the contrary; under no circumstances will you be charged for this reimbursement. We have the right to refuse to make reimbursement until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods promptly and in any case within fourteen days after the date on which you notify us of your cancellation of this agreement. You will be considered within the deadline so long as you have sent the goods before the fourteen days have elapsed. We will bear the costs for the return of the goods.
You will only be responsible for any reduction in the value of the goods if this reduction in value can be attributed to any handling not necessary for inspecting its condition, features, and operability.
No right of cancellation will be honored in the case of distance sales agreements for the delivery of goods that are not prefabricated and whose production included a personalized selection or specification by the consumer or that is uniquely customized to the personal requirements of the consumer.
§ 5 PRICES
Within the European Community all prices are included German VAT.
For all other Countries the prices are excluded VAT.
Additional charges, duties and fees may apply and vary depending on the country of destination.
§ 6 TERMS OF PAYMENT
6.1 You can securely purchase your Morgenwerk via PayPal express checkout. Credit card payments without registration are also accepted if you don’t wish to register for a PayPal account. When paying by PayPal, you will be guided directly from the ordering process to the payment pages of the online payment company, where you yourself carry out the transaction.
6.2 If you are a consumer, when the deadline for payment is exceeded, the sales price will be subject to a default interest rate of 5% above the base lending rate. If you are not a consumer, the default interest rate after exceeding the payment deadline is 8% above the base lending rate. We reserve the right to prove and require compensation for greater damages due to delayed payment.
§ 7 DELIVERY CONDITIONS
7.1 We deliver worldwide and free of charge. We do not deliver to any countries to which the delivery is prohibited in accordance with legal stipulations.
7.2 Unless otherwise stated in the offer, the merchandise will be shipped within a week after handing over the money transfer order to your credit institution.
§ 8 WARRANTY AND LIABILITY
The warranty is made in accordance with the legal stipulations.
§ 9 CUSTOMER SERVICE
If you have questions, complaints, or claims, please contact us.
We can be reached by email at email@example.com.
§ 10 APPLICABLE LAW AND PLACE OF JURISDICTION
10.1 German law applies, to the exclusion of the UN trade law. When in doubt in cases of dispute about the meaning and interpretation of the English version of these General Business Conditions, the German formulation shall be authoritative.
10.2 With customers who conclude the contract for a purpose that cannot be regarded as professional or commercial (consumers), this choice of legal system does not preempt the binding provisions of the law of the state in which the customer has his habitual residence.
10.3 For all disputes resulting from the contractual relationship, if the ordering party is a merchant, a juristic person under public law, or a special fund under public law, then the place of jurisdiction is Hamburg, Germany.
§ 12 MISCELLANEOUS
12.1 The contract languages are German and English.
12.2 Should one or more provisions of the General Business Conditions be invalid, this shall have no effect on the remainder of the contract. Where the provisions are invalid, the content of the contract is ruled by the statutory provisions.
As of January 2016