General Terms and Conditions Act

Last edited: June 2018

 

1. General

The following Gerneral Terms and Conditioins Act is a translated version of the German "Allgemeine Geschäftsbedingungen" (AGB), therefore only the German "Allgemeine Geschäftsbedingungen" (AGB) are legally binding. 

These General Terms and Conditions of the company M.T. Mohr GmbH shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop http://www.mohr-gems.com as well as to this domain’s related subdomains. The version that is relevant is the one that is online when the contract is concluded. The buyer recognizes the General Terms and Conditions Act when the contract is concluded as well as when receiving an order or a service. M.T. Mohr GmbH contradicts deviating rules of the contradicting partner. All collateral agreements require a written conformation on the part of M.T. Mohr GmbH. M.T. Mohr GmbH has the right to amend and change these General Terms and Conditions including any attachments at any time, provided M.T. Mohr GmbH gives a reasonable notice.

2. Opening and closing a customer account

Clients who use the online shop http://www.mohr-gems.de agree to their data (name, address, e-mail, …) and user data (user name, password, …) being saved in the customer database of M.T. Mohr GmbH. Therefore, login and/or any future orders are possible with only username and password and do not require any further details required for another order. This setting can be revoked by the Client deleting their own account or by sending a written document requesting the closing of the account to M.T. Mohr GmbH any time.

3. Prices

Prices are valid at the time of placing the order. The prices are net prices, the statutory rate of valued added tax must be added. Prices do not include delivery and shipping costs. These costs are dependent on the type and scope of the measures of the order. The Client learns the period of validity of limited offers where it is stated in the online shop. M.T. Mohr retains the right to change the prices.

4. Offers, Order Placement

4.1 The offers of M.T. Mohr GmbH are a non-binding offer to the Client to order products from M.T. Mohr GmbH. Small divergences and technical changes to the online shop’s portrayed images and descriptions are possible.

4.2 By ordering the desired object of purpose of M.T. Mohr GmbH, the Client submits a binding quote to conclude a contract of sales. M.T. Mohr GmbH is authorized to accept this offer within 24 hours by sending an order confirmation. The duration of this limit starts on the following weekday if the order is not placed on a weekday. Confirmation of the Client’s order is sent automatically to the e-mail address that the Client used when creating an account on the online shop. After 24 hours has elapsed without confirmation by M.T. Mohr GmbH, the order is viewed as declined.

4.3 The contract text is saved. The Client has access to view the General Terms and Conditions on this website at any time. The Client can view the concrete order data online at any time.

4.4 If M.T. Mohr should realize belatedly that an error was made regarding information given about a product, a price or product availability, M.T. Mohr GmbH will inform the Client immediately. The Client can once again confirm the order under the changed terms.

4.5 Orders on consignment are being sent by M.T. Mohr GmbH for 30 days for viewing. The minimum order value is 50,00 Euro.

5. Terms of shipping and payment

5.1 Shipping is worldwide.

5.2 If M.T. Mohr GmbH is hindered to meet the punctual performance of a contract because of procurement, factory or delivery malfunctions on site or possible suppliers, M.T. Mohr can rescind from the contract. In this case, the Client is notified immediately and if necessary receives a suggestion for a similar product from M.T. Mohr GmbH. If no similar product is available or if the Client does not want a delivery of a similar product, the consideration in return is to be reimbursed to the Client immediately.

5.3 If the ordered goods are not all available, M.T. Mohr GmbH is entitled to partial deliveries at own cost if reasonable for the Client.

5.4 The delivery times given are dependent on the Client meeting his/her obligations in a punctual and proper manner. The right to raise objection to an unfulfilled contract is reserved.

5.5 If the delivery of the good should fail despite the third delivery attempt, M.T. Mohr GmbH reserves the right to withdraw from the contract. If applicable payments already made are to be reimbursed by M.T. Mohr GmbH immediately.

6. Retention of title

6.1 M.T. Mohr GmbH reserves ownership of the supplied goods until full payment of all claims from the business relation with the Client. M.T. Mohr GmbH is entitled to take back the goods if the Client acts in violation of the contract.

6.2 The Client is obliged to treat the goods purchased carefully as long as the ownership has not been transferred. To the extent that ownership has not yet been transferred, the Client shall inform M.T. Mohr GmbH immediately should the supplied object be impounded or be subject to other interference by third parties. As far as such third party is unable to refund the judicial and extra-judicial costs in accordance with Section 71 German Code of Civil Procedure (ZPO), the Client shall pay for losses incurred.

7. Shipping cost

 All prices apply additionally national taxes and forwarding expenses.

Target region

Forwarding Expenses

Minimum Order Value

Service Fee

Cash on Delivery

Germany

 from € 5,50

€ 50,00

€ 2,00

EU-Countries*

 from € 15,00

€ 50,00

 

*[Belgium, Bulgaria, Denmark, (except Faroe Islands, Greenland), Estonia, Finland (except Åland Islands), France (except overseas   territories), Greece (except Mount Arthos), Great Britain (except Channel Islands), Ireland, Italy (except Livigno and Campione d'Italia), Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands (except non-European territories), Austria, Czech Republic, Hungary, Cyprus (except the northern   part)]

Non EU Countries*

from € 31,00

€ 50,00

 

*[Aland islands (Finland), Andorra, Albania, Mount Arthos (GR), Bosnia and   Herzegovina, Campione d'Italia (IT), Ceuta (E), Faroe Islands (DK), Georgia, Gibraltar (GB), Greenland (DK), Guernsey (GB), Iceland, Jersey (GB), Canary Islands (E), Kosovo, Croatia, Liechtenstein, Livigno (IT), Macedonia, Melilla (E), Moldova, Montenegro, Norway, Russian federation, San Marino, Switzerland, Serbia (Republic), Turkey, Ukraine, Vatican City, Belarus, Cyprus (except the northern part)]

Worldwide

from € 52,00

€ 50,00

*[Egypt, Algeria, Armenia, Azerbaijan, Israel, Jordan, Canada, Kazakhstan, Lebanon, Libya, Morocco, Palestinian territories, Syria, St. Pierre and Miquelon (France), Tunisia, United States of America)

Worldwide left

from € 52,00

€ 50,00

All countries and territories which are not dedicated to the aforementioned territories.

8. Payment, due date, default of payment

8.1 Payment for goods takes place through the payment method chosen in the ordering process. M.T. Mohr GmbH reserves the right to accept or exclude certain payment methods on a case-by-case basis. If payment via invoice or in cash occurs within 10 days, we grant 5% allowance for orders over 100,00€ and 3% allowance for orders under 100,00€; otherwise payment is due within 30 days of invoice date without any deduction.

8.2 If delivered goods are not paid yet, the Client must transmit any possible address or name changes immediately. If the client fails payment, M.T. Mohr GmbH can demand that the cost caused by the determination changes must be replaced by the Client.

8.3 Should the agreed payment date be exceeded, M.T. Mohr GmbH charges a processing and reminder fee. If the Client falls behind with payment, statutory interest accrues.

9. Warranty

9.1 M.T. Mohr GmbH guarantees that sold goods are free of any material or fabrication defects at the time of transfer of risk and that the goods have the contractually assured characteristics.

9.2 Within the legal right of rescission, you have the possibility to view ordered articles and examine them – just as it is possible in a retail store. That right does not include the usage of the delivered goods. Goods with visible marks of use, which make it impossible to sell it again, are not taken back by M.T. Mohr GmbH.

9.3 Complaints of the Client are immediate, however must be communicated to M.T. Mohr GmbH within one week after receipt of the goods as written statement, email (service@mohr-and-more-gems.com) or via telephone. Otherwise the delivery is viewed as approved. Complaints must show the purchase date and an invoice must be included. The complained good must be sent back, sufficiently stamped, with a copy of the invoice.

9.4 M.T. Mohr GmbH reserves the right towards differences in shop and/or brochure images. These differences as well as commercial differences regarding color, quantity or weight shall not be considered as a defect and do not release any warranty claims.

9.5 The assignment of warranty claims to third parties is not authorized.

9.6  If the Client sells the goods delivered by M.T. Mohr GmbH to third parties, it is forbidden to him/her to request an exchange free of charge because of the related legal warranty claims.

9.7 The Client has the right to fulfil the contract subsequently. At first, M.T. Mohr GmbH has the right to choose if the defect should be removed or if a free replacement delivery should happen.

9.8 If defects are not fixed within a reasonable period, the Client has claim to change or decrease.

9.9  The warranty does not cover normal wear and tear. The warranty expires if the Client undertakes inappropriate modifications, changes or repairs to the goods.

10. Withdrawal

 M.T. Mohr GmbH is entitled to withdraw from the contract regarding a still open part of the delivery or performance if wrong information of the creditworthiness of the Client had been done or apparent reasons for the insolvency of the Client have emerged (e.g. opening of insolvency proceedings about the assets of the Client) which are well-founded to endanger the payment claim. Prior to withdraw from the contract, the Client is given the opportunity to make an advance payment or provide suitable security. Irrespective of any claims for damages, in case of partial withdraw, already affected partial payments are to be cleared and settled as agreed upon.

11. Right of Rescission

 The Client has the right to rescind from this contract within 14 days without giving any reason by a written statement (e.g. letter, fax, e-mail) or, if the matter is allocated to him/her before the deadline, through return of the matter. The deadline starts after receipt of this written indoctrination, however not before receipt of the products at the receiver (for repeat deliveries of similar goods not before receipt of the first partial delivery) and not before implementation of our information requirements referred to Section 246 (2) in conjunction with Section 1 (1) and 2 Introductory Act to the German Civil Code (EGBGB) as well as our duties referred to Section 312g (1) first sentence of the German Civil Code (BGB) in connection with Section 246 (3) Introductory Act to the German Civil Code (EGBGB).

To comply with the time limit, it is sufficient that the cancellation or return of the goods be sent in good time.

The rescission is to be addressed to:

M.T. Mohr GmbH, Schulstraße 6, 55767 Rötsweiler-Nockenthal (Germany)

E-mail: service@mohr-and-more-gems.de

12. Rescission consequences

In case of an effective rescission the service already received is to be reimbursed and any possible uses (e.g. interest) to be handed over. If you cannot reimburse or partially reimburse or only reimburse in a deteriorated state, the received service as well as uses (e.g. benefits of use) must be obliged to compensate for lost value. For the deterioration of the matter and use you must only provide compensation of the value if the use or deterioration can be traced back to the handling with the matter which goes beyond the testing of the features and operating principles of the matter. Apart from that, the Client can avoid the obligation to compensate for any deterioration of the goods caused by the intended use by not using the goods as his/her own property and refraining from doing anything that would reduce the item’s value.

12.2 Goods consignable by parcel shipment may be returned at the risk of M.T. Mohr GmbH. The Client is responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned does not exceed a value of 40,00 € and the customer at the time of the revocation has not yet executed consideration or if a contractually arranged payment installment has not yet been rendered. Otherwise the return postage is free for you.

12.3 Matters that are not classified as a parcel will be picked up at the Client’s home. Obligations to reimburse payments must be fulfilled within 30 days. This period shall commence for the Client upon sending your cancellation notice, and for M.T. Mohr GmbH upon receipt thereof.

13. Limitation of liability

13.1 M.T. Mohr GmbH is liable for damages arising from other than the detriment to life, body and health as far as such damage is caused by intentional or gross negligence or are due to the culpable violation of a fundamental contractual obligation on the part of M.T. Mohr GmbH or its vicarious agents or no claims exist against M.T. Mohr GmbH through the product liability law.

Considered fundamental to the contract are obligations which enable the proper fulfilment of the contract in the first place and on which the Client may regularly depend.

13.2 According to the current state of technology data communication via internet can not be guaranteed to be without errors and/or available any time. M.T. Mohr GmbH is not liable for the availability of the online shop.

14. Retention of title

The product remains property of the company M.T. Mohr GmbH until paid in full by the Client. In case of the Client’s payment delay, the petition for the opening of insolvency proceedings concerning the assets of the Client, a transfer of expectant right to third parties or the transfer of the Client’s business to third parties, M.T. Mohr is entitled to take back the delivered goods without withdrawing from the contract and to access the Client’s business premises for this purpose. Taking back the goods does not constitute rescission from the contract unless M.T. Mohr GmbH has explicitly declared this in writing. After reclaiming the goods, M.T. Mohr GmbH is authorized to their appropriate redemption. The utilization proceeds are to be credited against the account payable of the Client – minus appropriate redemption costs.

15. Data storage

In accordance to Section 28 of the Federal Data Protection Law (BDSG), M.T. Mohr GmbH draws attention to data required for commercial transactions having to be processed and saved with EDP equipment according to Section 33 of the Federal Data Protection Law (BDSG). Personal data is of course treated confidentially and is not transmitted.

16. Place of jurisdiction

Solely the laws of the Federal Republic of Germany shall apply to these Terms and Conditions and all legal relationships between the two contracting parties. Deviations and special agreements require a written agreement between M.T. Mohr GmbH and the Client. Orally negotiated agreements are not made. Should individual terms of this contract or of these Terms and Conditions be invalid or ineffective, the effectiveness of the contract or the Terms and Conditions Act remains otherwise unaffected.

 

Place of performance is Rötsweiler-Nockenthal. Place of jurisdiction is Idar-Oberstein. The law of the Federal Republic shall apply exclusively.

M.T. Mohr GmbH, Schulstraße 6, 55767 Rötsweiler-Nockenthal (Deutschland)
service@mohr-and-more-gems.de

http://www.mohr-gems.com