Terms of service

General Terms and Conditions of Business

between

the company

minota ceramics GbR

Winkler & Maushammer

Kotzinger street 58

83278 Traunstein

Germany

- hereinafter referred to as ‘Supplier’ -

and

the respective customer

- hereinafter referred to as ‘Customer’ -


I. Scope of application, definitions of terms
The business relationship between the provider of the online shop minotaceramics.com (hereinafter referred to as the ‘Provider’) and the customer (hereinafter referred to as the ‘Customer’) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

II. Conclusion of contract

The customer can select products or vouchers from the provider's range and collect them in a so-called shopping basket using the ‘Add to basket’ button. By clicking the button ‘order with obligation to pay’, the customer submits a binding request to purchase the goods or vouchers in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the ‘Accept terms and conditions’ button and has thereby included them in their application.
The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. A contract is only concluded when the order is accepted by a declaration of acceptance or by the delivery of the ordered items. Upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (paper printout) (contract confirmation). The supplier will not make the text of the contract available beyond this. The text of the contract is stored in compliance with data protection regulations.
The contract is concluded in German.

 

III. Delivery, availability
Delivery times stated by the supplier are calculated from the time of order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods from the online shop, it shall be 2 to 5 working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
The supplier delivers to Germany. The supplier shall decide on the consideration of orders for deliveries abroad individually and after prior consultation by email.
Delivery dates - unless expressly guaranteed - are non-binding and are subject to the timely and complete availability of the goods.
The commencement of any stated delivery period is subject to the timely and proper fulfilment of the customer's obligations. The defence of non-performance of the contract remains reserved.

If the customer is in default of acceptance or culpably violates other obligations to co-operate, the provider is entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

 

IV. Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
The supplier retains title to the delivered goods until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if the supplier does not always expressly refer to this.
The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. As long as ownership has not yet been transferred, the customer must inform the supplier immediately in writing if the delivered item or vouchers are seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse the provider for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for this.
If the customer is a business customer, he is authorised to resell the reserved goods in the normal course of business. The customer hereby assigns to the supplier the customer's claims against his customers arising from the resale of the reserved goods in the amount of the final invoice amount agreed with the supplier (including VAT), who accepts this assignment. This assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. The authorisation of the supplier to collect the claim himself remains unaffected by this. However, the supplier shall not collect the claim as long as the customer fulfils his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.

 

V. Prices and shipping costs
All prices stated on the supplier's website include the applicable statutory VAT, duties and customs duties.
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation.
The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
In the event of cancellation, the customer shall bear the direct costs of returning the goods.
If an order is fulfilled by partial deliveries, the customer shall only incur shipping costs for the first partial delivery. If the partial deliveries are made at the request or instigation of the customer, the provider shall charge shipping costs for each partial delivery.

VI. Payment modalities
The customer can pay by PayPal, Visa (credit and debit cards), MasterCard (credit and debit cards), American Express.
Payment of the purchase price is due immediately upon conclusion of the contract.
The customer is not entitled to offset against the provider's claims unless the customer's counterclaims have been recognised by declaratory judgement or are undisputed.
Customers may only exercise their rights of retention if their counterclaim arises from the same purchase contract.

 

VII. Warranty for material defects
The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. In relation to entrepreneurs, the warranty period for goods delivered by the supplier is 12 months after delivery of the goods delivered by the supplier. This does not apply if the law prescribes longer periods, e.g. according to § 479 paragraph 1 BGB (right of recourse).
An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, the supplier shall, at his discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. The supplier must always be given the opportunity for subsequent fulfilment within a reasonable period of time. Recourse claims remain unaffected by the above provision without restriction.
Claims of the customer for the expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the goods delivered by the supplier have subsequently been taken to a place other than the customer's branch office, unless the transfer corresponds to their intended use.

 

VIII. Complaints

Complaints arising from this contract must be addressed in text form to:
minota ceramics GbR

Winkler & Maushammer

Kotzinger Street 58

83278 Traunstein


IX.Trademarks, patents and copyrights
The customer recognises the ownership and legal title of the supplier to all trademarks, service marks, trade names, patents, copyrights and other intellectual property rights relating to the goods.
The Customer shall not take any action to infringe, obliterate, remove, alter, conceal or misappropriate any such trade mark, trade name or copyright notice.
The Customer shall notify the Provider immediately if it becomes aware of any infringement of such intellectual property rights by third parties and shall provide the Provider with reasonable assistance in connection with any proceedings arising therefrom.

 

X. Force majeure

In no event shall the Supplier be liable to the Customer if the Supplier is prevented from performing any of its obligations under these Terms in whole or in part due to a Force Majeure Event, which term shall include the following: Acts of God, fires, floods, storms, power failures, curtailment of power supplies, mechanical breakdowns, shortage or scarcity of materials or stock or other circumstances beyond the reasonable control of the Provider and; strikes, lockouts or industrial disputes concerning the Provider or any other party or any action taken by the Provider in connection therewith or arising as a consequence or furtherance thereof.

 

XI. Liability
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item.
The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

XII. Waiver clause

A waiver by the Provider in the event of a breach of the Customer's obligations under these Terms and Conditions shall not result in a waiver of any further or future rights of the Provider.


XIII Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
XIV Final provisions

The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
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 the provider is the registered office of the provider.
All agreements made between the parties for the purpose of executing this contract are set out in writing. Amendments or additions must be made in writing. This also applies to the waiver of this written form clause.
All declarations of intent by the customer (in particular notices of defects, cancellations, etc.) must be made by the customer in writing.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.