General Terms & Conditions

1. Validity of Terms
2. Offers
3. Ordering process and Conclusion of the contract
4. Prices and shipping costs
5. Delivery and availability
6. Payment arrangements
7. Retention of title
8. Warranty
9. Liability
10. Saving the text of the contract
11. Data protection
12. Choice of law, place of fulfilment, jurisdiction

1. Validity of Terms

1.1. The following General Terms and Conditions shall solely apply for the business relationship between malenki.net / Kamrau & Schlotter GbR, Walther-Rathenau-Str. 68, 33602 Bielefeld / Germany (hereinafter “supplier”) and the customer in the version valid at the time of order placement. Customers’ deviating terms and conditions shall not be accepted by the supplier unless the supplier had explicitly agreed to their validity in writing.

1.2. According to these General Terms and Conditions, a consumer shall be a natural person who orders a Product for a purpose that is neither for his trading nor his professional activity. According to these General Terms and Conditions, a business shall be any natural or juridical person other than a consumer.

1.3. In regard to certain of the following provisions, a distinction is made, depending on whether the Customer is a consumer within the meaning of Article 13 BGB [Bürgerliches Gesetzbuch – German Civil Code] or a businessman within the meaning of Article 14 BGB. Where the provisions differ between consumers and businessmen, a distinction is made in the text between consumers (Article 13 BGB) and businessmen (Article 14 BGB). Where the text refers to “Customer”, the provision applies both for consumers and for businessmen.

2. Offers

2.1. The presentation of the products in our online-shop does not imply a binding offer of the supplier. It is a request to you to submit a binding offer to the supplier.
The information, drawings, illustrations and technical specifications, as well as the weight, size and performance specifications contained in the brochures, catalogues, advertisements or on the suppliers website are not binding unless expressly designated as binding in the order confirmation.Generally, unless expressly stipulated to the contrary in writing, such information shall not represent a guarantee or warranty of certain properties.

2.2. All offers apply for such time as stocks are available. The supplier accepts no liability arising from printing errors, mistakes and changes.

3. Ordering process and Conclusion of the contract

3.1. The Customer can choose from the range of products offered by the Seller and place the selected items in a shopping cart by clicking on the “add to cart” button. On the shopping cart page, the Customer can click on the [proceed to checkout] button in order to complete the order.

3.2. When the order is placed using the “Buy now” button, you are considered to have made a binding offer to us. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. Required entries are marked with a (*).

3.3. An automatic confirmation email will be send to the customer, listing the items ordered by the customer. The automatic receipt documents merely that the order of the customer has come with the supplier and images no acceptance of the application. The contract comes about only by the sale of the notice of acceptance by the supplier which is sent with separate e-mail, which can be printed by the customer.
If the customer have not received any corresponding message within this deadline, the customer is no longer considered to be bound to his/her order. Under such circumstances, any services that have already been provided are restored without undue delay.

3.4. In case of payment in advance, the contract is closed with the supply of the bank account details and a payment notification. Please note that your order will reserved for 10 days after the order placement, if within these 10 days we do not receipt the payment, the order shall be cancelled.

4. Prices and shipping costs

4.1. Prices indicated in the offers are understood as final. VAT exempted according to UStG §19.

4.2. Extra charges such as costs for packaging and shipping are not included and shall be invoiced as extra. The prices for the delivery of goods including freight and packaging are displayed during the ordering process and on a seperate information page.

5. Delivery and availability

5.1. As far as delivery is agreed against advance payment, your order won’t be shipped until the funds have cleared in our account.

5.2. Should not all products ordered be in stock, we reserve the right of partial delivery on our expenses, as far as this will be reasonable for you.

5.3. In case the delivery fails, even though the delivery service tried three times, the supplier reserves the right to withdraw from the contract.

5.4. Should ordered products not be available because the suppliers delivery contractors cannot re-deliver this product without it being at the suppliers own liability, the supplier reserves the right to withdraw from the contract.In such a case the supplier will immediately inform the customer and if necessary suggest another similar product. Should no similar product be available or should the customer not wish to receive a similar product then the customer will be reimbursed for any payments already made.

5.5. Furthermore, customers are informed about information on availability, delivery times and delivery restrictions within the respective products page or a seperate information page.

6. Payment arrangements

6.1. Before confirming an order, the customer can choose from the available payment methods. The available payment methods are displayed during the ordering process and on a seperate information page.

6.2. If third parties have been assigned with the handling of payment transactions (e.g. Paypal), their general conditions of participation apply.

6.3. If a time for payment has been specified by reference to the calendar, the orderer will be in default without a reminder if he fails to pay at the specified time. If the customer is late in paying, the supplier reserves the right to charge interest at the statutory rates.

6.4. The customer’s obligation to pay interest does not exclude the supplier from claiming for any further losses caused by the delay.

6.5. Customers shall only have the right to set off counterclaims provided that these are legally valid or undisputed. The customer is only authorized to exercise a right of retention, if the counterclaim is based on the same contractual relation.

7. Retention of title

We reserve title to all goods delivered by us until such time as the price therefor has been paid in full.

8. Warranty

8.1. The supplier Civil Code sticks for material defects according to the legal regulations counting for this, in particular §§434 and the following.

8.2. A guarantee only exists with products delivered by the supplier, if this was expressly handed in in the purchase or to the respective article.

9. Liability

9.1. Should the object of purchase be defective, the statutory provisions shall apply. The assignment of these claims of the buyer shall be excluded.

9.2. The … shall be liable without limitation to the extent that the damage is a result of a deliberate act or gross negligence and or death, bodily injury and damage to health.

9.3. Furthermore, the … shall assume liability for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the intent of contract or for the breach of obligations whose fulfilment enables the proper execution of the contract in the first place and upon whose adherence to you routinely rely. However, in this case the … shall only be liable for the foreseeable damage typical to this type of contract. Vitabay.net shall not assume liability for the negligent breach of obligations other than the ones stated in the preceding sentences.

9.4. The preceding limitations of liability shall not apply for losses arising from death, injury to body and health, for damages after the acceptance of a guarantee for the condition of a product and for defects intentionally misrepresented by silence. Liability according to the Product Liability Act shall remain unaffected.

9.5. As far as the liability of the … is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.

10. Saving the text of the contract

10.1. Before an order is sent, via the online – shopping cart system the contract data can be electronically saved or printed out by using the browser’s print function.

10.2. Immediately after the conclusion of a contract, the supplier will send the customer an E-Mail containing the customer and order information to the E-Mail adress supplied by the user at the time of the order. This mail contains a copy of the general terms and conditions, revocation information and information about payment methods and shipping costs.

10.3 The contract text shall be stored by us and mailed to the customer upon request, via e-mail, in addition to the available General Terms and Conditions. After the order has been completed, the contract wording is no longer available on the Internet due to reasons of security.

11. Data protection

11.1. Information about visiting users having access to the provider’s website may be saved in a log file.

11.2. The provider uses the personal data (such as name, email address, mailing address, payment data for example), which was specified for the purpose of ordering the goods, for the fulfilment and processing of the contract. The provider treats this data confidentially and does not transmit it to third parties, who are not involved in the ordering, delivery or payment procedure.

11.3. The user has the right to find out what personal data has been stored and may apply to get this information at no charge. Contact information can be found in the providers imprint.
The customer has a right to information, amendment, blocking and deletion of his stored data at all times and free of charge.

11.4. Further information about type, range, location and function of the inquiries, processing and usage for the implementation of orders, registration for email information service, the transfer of required personal data can be found in privacy policy page.

12. Choice of law, place of fulfilment, jurisdiction

12.1. German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

12.2. If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

12.3 The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

12.4 The conclusion of the contract occurs in the languages: English, German.

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