Terms and Conditions
Terms and Conditions - General Terms and Conditions
Status: 08/01/2021
The contractual partner of the customer is the
minimals GmbH ,
Brunnenstr 158,
10115 Berlin,
entered in the commercial register of the district court of Charlottenburg under HRB 221712 B,
(hereinafter "minimal")
VAT identification number: DE 337861052,
info@minimals.de
www.minimals.de
§ 1 Scope, Definitions
(1) The deliveries, services and offers from minimals are made exclusively on the basis of these General Terms and Conditions (hereinafter "GTC"). These are part of all contracts that minimals concludes with its customers for the goods offered by minimals. The version current at the time of the customer's order applies. Deviating general terms and conditions are not recognized unless minimals expressly agrees to their validity in writing.
(2) The range of products in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these GTC, the customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his/her commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the minimals range in the online shop at www.minimals.de and collect them in a virtual shopping cart using the “Add to shopping cart” button. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to submit an offer. Before placing an order, the customer must register with their name, e-mail address and address. For this he/she can open a customer account. Otherwise he/she orders as a guest. Before placing an order, the content of the order, including customer and payment data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking the "Buy" button, he/she makes a binding offer to minimals to conclude a contract.
(2) minimals then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out. The automatic acknowledgment of receipt merely documents that the customer's order has been received by minimals and does not constitute acceptance of the offer.
When a contract is concluded depends on the selected payment method:
- In the case of payment via PayPal, advance payment or immediate transfer, the contract is concluded when the payment process has been completed.
- Otherwise, the contract is concluded by sending a separate e-mail with an order confirmation, which we send at the latest when the goods are sent.
The customer can download or print out these GTC from the website onto his/her computer. Furthermore, minimals provides the customer with the terms and conditions after placing the order with the contract confirmation email.
(3) The customer assures that all information provided when ordering or registering in the online shop (e.g. name, address, e-mail address, etc.) is correct. Changes are to be communicated at least immediately. Since the order processing and contacting takes place via e-mail, it must be ensured that e-mails can be received at the address given.
(4) Contract language is exclusively German. In the case of the provision of terms and conditions in English, the German version takes precedence in the event of a conflict.
§ 3 Delivery, availability of goods
(1) Delivery periods specified by us begin on the day the purchase contract is concluded. If no or no different delivery time is specified for the respective goods in our online shop, it is approx. 4-6 working days.
(2) If no copies of the product selected by the customer are available at the time the customer places his/her order, minimals will inform the customer of this immediately in the order confirmation. If the product is permanently not available, minimals refrains from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, minimals will also inform the customer of this immediately in the order confirmation.
§ 4 Retention of title
The delivered goods remain the property of minimals until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the minimals website are final prices and include the applicable statutory sales tax, excluding shipping costs.
(2) The corresponding shipping costs are displayed to the customer on the overview page before the order is placed.
(3) In the event of a cancellation, the customer must bear the direct costs of returning the goods.
§ 6 Dispatch, Passing of Risk
(1) Unless expressly agreed otherwise, minimals determines the type of shipping and the transport company at its reasonable discretion.
(2) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the point in time at which the goods are delivered to the customer or the / the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.
(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery, in the case of mail-order sales upon delivery of the goods to the forwarding agent, carrier or other person responsible for carrying out the shipment /the customer about.
(4) The risk passes to the customer at the latest when the delivery item is handed over (whereby the start of the loading process is decisive) to the forwarding agent, carrier or other third party responsible for carrying out the shipment. This also applies if partial deliveries are made or minimals has taken on other services (e.g. shipping). If the dispatch or the handover is delayed as a result of a circumstance caused by the customer, the risk passes to the customer from the day on which the delivery item is ready for dispatch and the customer has at least notified this.
§ 7 Payment modalities
(1) The customer can pay by credit card, PayPal, on account (Klarna) or direct transfer. Minimals reserves the right to change the payment methods made available.
(2) The customer can change the payment method stored in his/her user account at any time.
§ 8 Warranty for material defects, guarantee
(1) minimals is liable for material defects in accordance with the applicable statutory provisions.
(2) For entrepreneurs, the warranty period for items delivered by minimals is 12 months.
§ 9 Liability
(1) Claims by the customer for damages are excluded, with the exception of claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by minimals, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, minimals is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of minimals.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if minimals has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if minimals and the customer have reached an agreement on the nature of the item.
(5) The provisions of the Product Liability Act remain unaffected.
§ 10 cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which minimals provides information based on the statutory template below. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) there is a sample
withdrawal form.
Right of withdrawal
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (minimals GmbH, Eberswalder Straße 16, 10437 Berlin, Tel.: 030 27695409 info@minimals.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke this contract.
You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us (minimals GmbH, Eberswalder Straße 16, 10437 Berlin) immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
(If you want to revoke the contract, please fill out this form
out and send it back.)
On
minimals GmbH,
Brunnenstr 158,
10115 Berlin
I/we (*) hereby revoke the contract concluded by me/us (*)
regarding the purchase of the following goods (*)/ the provision of the following
Service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
date
(*) Delete where not applicable
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between minimals and the customer, excluding the UN Sales Convention. The legal regulations on the limitation of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his/her habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and minimals is the registered office of minimal.
(3) The customer only has the right to set-off or retention if his/her counterclaims have been legally established or minimals has acknowledged them in writing.
(4) Should individual provisions of this contract, including this provision, be wholly or partially invalid or should the contract contain a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
