General Terms and Conditions and Customer Information
General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following General Terms and Conditions apply for all contracts that you conclude with us as Vendor (Mama Ocllo Import UG (haftungsbeschränkt)) by using the website www.mama-ocllo.com. Unless otherwise agreed, and wherever applicable, the inclusion of the customers own terms and conditions is herewith rejected.
(2) A consumer is every natural person who concludes a legal transaction for a purpose which cannot be attributed to commercial or professional activities. Entrepreneur is every natural person or legal entity, or company with legal personality, that acts in exercise of his or its trade, business or profession when entering into this agreement.
§ 2 Conclusion of the Contract
(1) The purpose of this contract is the sale of goods. The product descriptions on the internet are without obligation and do not constitute a binding offer for the conclusion of a contract.
(2) You can submit a binding offer to purchase (order) via the online shopping cart system. The goods you wish to purchase are placed into the “Shopping Cart”. You can view the contents of the “shopping cart” and make any changes to it at any time by clicking on the appropriate button in the navigation bar. After opening the “Check out” page and having filled in personal data as well as payment and delivery instructions, a summary of your order will be displayed on the order summary page. Before sending the order, the buyer can check or change the data (also by using the “back” function from your internet browser), or interrupt the shopping process. When sending the order by clicking the “Buy” button, it becomes a legally binding offer to buy the goods from us. You will firstly get an automatic email about the receipt of your order, which does not lead to the conclusion of the contract.
(3) Acceptance of this offer (and therewith the conclusion of the contract) comes into effect within 2 days through confirmation in written form (e.g. email), which confirms the delivery of the goods (order confirmation). Should you not receive this information, then you are no longer obliged to accept the order. Where applicable, any services already rendered will then be returned/reimbursed without delay.
(4) Your inquiries on the establishment of an offer are non-binding for you. We will provide you with a binding offer in written form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and submission of all information required related to the contract shall occur partially automated by e-mail. Therefore you have to ensure that your provided e-mail address is correct, the receipt of the e-mails is technically assured and especially not blocked by Spam filters.
§ 2 Right of retention, Reservation of proprietary rights
(1) You may only exercise a right of retention as far as it is a matter of claims resulting from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 3 Liability
(1) We accept unlimited liability in accordance with the law for loss of life, bodily or health impairment. Moreover, we shall be liable in cases of intention and gross negligence or from fraudulent concealment of a fault, or the assumption of a guarantee for the condition of the goods, for damage covered by statutory provisions and in any other legally regulation cases.
(2) The responisibility for defects within the scope of the statutory warranty, complies with the relevant stipulations in our Customer Information (Part II)
(3) Where there are significant obligations under the contract which are affected, the liability of the supplier in case of slight negligence is limited to foreseeable damage, which is typical related to the contract. Significant contractual obligations are those which ensue from the nature of the contract and which jeopardise the fulfilment of purpose of the contract, as well as obligations which are essential to the fulfilment of the contract, whose fulfilment makes the due performance of the contract possible in the first place and the compliance with which you may constantly trust in.
(4) No liability is assumed in cases of slight negligent infringement of insignificant contractual obligations.
(5) In view of current state-of-the-art technology, it is not possible to guarantee that data communication via the internet as always available or free of error. We are not liable for either the continuous, uninterrupted use of the internet, or for the services offered by it.
§ 4 Applicable Law. Place of Fulfillment. Court of Jurisdiction
(1) German law applies. This does not apply to a consumer if it would deprive him of relative protections granted by mandatory legal provisions (principle of favourability).
(2) Place of performance and jurisdiction for all services from the existing business relationship with the customer is the location of the supplier, as far as the customer is not a consumer, but a merchant, legal entity of public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU, or the domicile or habitual residence at the time of legal action are not known. The authority to call the power to the court in another jurisdiction is not affected.
(3) The provisions as set forth in the UN Sales Convention shall expressly not apply here.
II. Customer information
1. Identity of the Seller
Mama Ocllo import UG (haftungsbeschränkt)
Telephone: 0049 (0)8031 39 16 09 6
2. All technical processes leading to the conclusion of a contract
The conclusion of a contract itself and the possibility to make corrections occur according to the terms and conditions as set forth in section 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. German is the contract language.
3.2. We do not store the complete contract text. Use the printer function of your browser to print up or save the contract information before submitting your order through the online shopping cart system. After receipt of your order, all information regarding distance contracts, the General Terms and Conditions, and your ordering data, as well as other information that is legally required, will be sent to you again by email.
3.3. In case of inquiries outside of on-line shopping cart, you shall receive all the contract data in the context of a binding offer sent through e-mail, which you can print or save electronically.
4. Codes of practice
4.1. We are subject to to the buyer seal quality criteria of the Händlerbund Management AG, which can be consulted on the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
5. The essential characteristics of the products and / or services
The essential characteristics of the products and / or services can be found in the item description and additional information on our website.
6. Prices and methods of payment
6.1. The prices listed in our offers as well as the delivery costs are total prices. They include all price components, including all applicable taxes.
6.2. The delivery costs incurred are not included in the purchasing price. They can be found by clicking on the appropriate button on our website or in the individual product descriptions, and can be viewed separately during the ordering process. Unless a delivery has been arranged free charge, these costs are borne by the you.
6.3. The payment methods available to you are accessible via an appropriately designated button on our website or they are stated in the respective product description.
6.4. Unless stated separately under the methods of payment, the payment from the concluded contract is due immediately.
7. Terms of delivery
7.1. The terms of delivery, date of delivery as well as, if applicable, delivery restrictions can be found under the appropriately labelled button on our website or in the respective item descriptions.
7.2. As long as you are a consumer, according to legal regulations, the risk of accidental loss and the accidental deterioration of the sold goods while in transit is handed to you only when you come into possession of the goods, regardless if they were sent insured or uninsured. This is does not apply in cases where you independently arrange your own transport company or specify another person to deliver the goods that is different to that of the Vendor.
8. Statutory Warranty Rights
8.1. Statutory provisions apply.
8.2. As a consumer, you are required to check the delivery immediately for completeness, any obvious defects and transport damage and to inform both us as well as the delivery company of any claims without delay. Should you not do this, it has no effect on your statutory guarantee rights.
These General Terms of Business and Customer Information was compiled by Händlerbund lawyers who specialise in IT law and continuous check their legal conformity. The Händlerbund Management AG guarantees their legal certainty and is liable in the case any cautions are issued. For more information visit: http://www.haendlerbund.de/agb-service.
Last actualization: 01.06.2015