Terms of Service
Contractual partner On the basis of these general terms and conditions (AGB) comes between the customer and
mensaura, represented by Michael Lender
hereinafter referred to as the provider, the contract is concluded.General All services rendered by the provider to the customer are made exclusively on the basis of the following terms and conditions. Deviating regulations are only valid if they have been agreed in writing between the supplier and the customer.
a) These terms and conditions apply exclusively to sales of goods and other services by us, the company mensaura, whether these transactions are completed online or offline.
The following General Terms and Conditions apply in their version valid at the time of the conclusion of the contract.
Deviating or conflicting terms and conditions of the Buyer shall not be recognized by us unless we have expressly agreed to them. The performance of the services is not to be regarded as such approval.
b) These General Terms and Conditions apply exclusively to companies within the meaning of §§ 14, 310, paragraph 1 BGB, ie for natural or legal persons or partnerships with legal capacity, with whom business relationships are entered into that are in the course of a commercial or independent professional activity.
Registration as a customer
a) In addition to direct orders you have the possibility to create your own user account and thus to register as a customer to our trading system. Only entrepreneurs are eligible (see § 1 Abs.2).
The data required to create the user account must be provided by you completely and truthfully. Subsequent changes to your personal data must be entered by you on your own responsibility.
b) The password chosen by you must be kept secret under all circumstances and never communicated to third parties.
c) By registering you declare your general consent
a) All offers on our website are non-binding and subject to change. This applies in particular to prices, illustrations and brochures. Technical changes and changes in shape, color and / or weight are reserved within reasonable limits.
b) With the order of a commodity with us the customer declares binding to want to acquire the ordered commodity. We are entitled to accept the contract offer from us or from one of our representatives within two weeks of receipt. The acceptance can be declared either in writing or by delivery of the goods to the customer.
c) The contract is concluded subject to the correct and timely delivery by our suppliers. This only applies in the event that the non-delivery is caused by an obstacle that we are not responsible for, in particular when concluding a congruent hedging transaction with our supplier. The customer is informed immediately about the unavailability of the service. The consideration is, as far as already provided, immediately refunded.
d) If the delivery time is not adhered to, the supplier may set a grace period of at least 14 days in writing. After fruitless expiry of this period, a further period of at least 10 days is set. If this grace period has also expired fruitlessly, the customer can withdraw from the purchase contract. A claim for damages is not considered, unless the delay is based on intent or gross negligence on our part or one of our vicarious agents.
a) All items are shipped promptly, if available from stock and only while stocks last.
b) The delivery time of the individual items is shown in the online shop. The delivery time is not binding, unless there is a written agreement to the contrary.
c) If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, if we have an address of yours.
d) For delivery delays, e.g. due to force majeure, traffic disruptions and orders of high-handedness as well as other events for which the provider is not responsible, no claim for damages against the provider can be made.
Packaging and shipping costs
a) For delivery within Germany and packaging costs, we charge a pro-rated lump sum of 9.- EUR, regardless of the number and weight of the articles.
b) The delivery is made exclusively by our partners DHL and DPD.
c) At the customer’s request, express deliveries can also be made. The resulting additional costs shall be borne by the customer.
Prices and payment
a) All prices quoted are net prices. The legal value added tax of currently 19% is shown separately on the invoice.
b) The final prices do not include the costs for packaging and shipping.
c) Due to the constant updating of the website of the provider, information about the price and condition of the goods lost in the past will be invalid.
d) The price stated at the time of the submission of the customer’s offer is decisive for the invoicing.
e) The payment of the goods takes place with new customers always in advance, after the third order can be ordered on account. Exceptions are only valid if they have been agreed in writing between the provider and the customer.
f) The customer is obliged to pay the invoice amount within 14 days after receipt of the goods.
g) If the customer has not fulfilled his obligation to pay after expiry of the period specified in subsection (6), the provider reserves the right to charge the customer for additional dunning and processing fees resulting therefrom.
h) If the customer defaults on payment, the provider is entitled to claim default interest at the statutory rate. The right of the provider to assert further claims for damages remains unaffected.
Retention of title
Until full payment, the ordered goods remain the property of the provider (retention of title according to §§ 158, 449 BGB). Prior to transfer of ownership, a disposition or pledge, transfer by way of security, processing or transformation of the goods is not permitted without the express consent of the provider.
a) The claims of the customer against the provider based on a defect in the goods are governed by the statutory provisions.
b) For defects in the goods we will initially provide warranty at our discretion through repair or replacement.
c) The customer undertakes to inspect the goods upon receipt for any defects and to inform the provider immediately upon detection of such. If the customer determines at a later date that the goods are defective, he is obliged to inform the supplier immediately after discovery. If the customer fails to report a defect, the goods are deemed to have been approved.
d) A defect in the goods does not include damage caused by the customer due to improper or non-conforming treatment. Decisive for the impropriety and lack of conformity are the indications of the manufacturer of the goods.
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
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