GTC

General Terms & Conditions Online Donation Store

The provider of our online donation store is our partner

Muson GmbH
Charlottenstraße 95
10969 Berlin

Commercial register: HRB 189477B
Register court: Amtsgericht Charlottenburg

VAT ID according to § 27 a Umsatzsteuergesetz (German :
DE314134509

Represented by: Tina Korbmacher (Managing Director)

Email: [email protected] and [email protected]
Website: www.muson.com

1. Territory

The following GTC apply to all orders placed via our online donation store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply towards entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion Of Contract, Correction Options

The purchase contract is concluded with Muson GmbH.

By placing the products in the online donation store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by email.

3. Contract Language, Contract Text Storage

The languages available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Terms Of Shipment

Shipping costs are added to the stated product prices. More details about the amount of shipping costs you will find in the offers.

We deliver only by mail order. A pick-up of the goods is unfortunately not possible.

5. Payment

In our store you can use the following payment methods: PayPal

In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

The provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

For more information about PayPal’s privacy policy, click here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

6. Right Of Revocation

You have the legal right of withdrawal, as described in the cancellation policy.

7. Retention Of Title

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

8. Transport Damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

9. Warranty And Guarantees

The statutory liability for defects shall apply, unless otherwise expressly agreed below.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods shall be made to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Customer Service: You can reach our customer service for questions, complaints and objections by e-mail at [email protected]

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Apart from that, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Youth Protection

If your order includes goods, the sale of which is subject to age restrictions, we ensure through the use of a reliable procedure involving a personal identity and age check that the ordering person has reached the required minimum age. The delivery person will hand over the goods only after the age check and only to the ordering person personally.

13. Final Provisions

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.