General Terms and Conditions with Customer Information
1. Scope
2. Conclusion of Contract
3. Prices and Payment Conditions
4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Retention of Title
7. Warranty for Defects
8. Liability
9. Indemnification for Infringement of Third-Party Rights
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Information on Online Dispute Resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "MyMineralMix GmbH" (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is objected to, unless otherwise agreed.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor their self-employed professional activity.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the Seller.
2.2. First, the Customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming these order and contract details by clicking the button that completes the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
2.3. The Seller accepts the Customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment from the Customer after placing the order
or
- Delivery of the ordered goods
The time of acceptance is determined by the first alternative that occurs.
The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound by their declaration of intent.
2.4. If the payment method "PayPal" or "Paypal Express" is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal user agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer selects the payment method "PayPal" or "PayPal Express" for payment of their purchase, or if the Customer pays via one of the PayPal payment methods, they submit their offer by clicking the button that completes the ordering process. If the Customer also issues the payment order to PayPal by clicking this button, the Seller declares acceptance of the Customer's offer at the time the payment order is issued, deviating from the above regulations.
2.5. The contract text of the respective contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The General Terms and Conditions can be viewed by the Customer on this page at any time. The order data, the cancellation policy and the GTC are sent to the Customer by email. After completion of the order, the contract text is accessible to the Customer free of charge via their customer login, provided they have opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the Customer before sending the order and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, the Customer has access to correction buttons, if available, which are appropriately labeled.
2.7. The contract language is German.
2.8. It is the Customer's responsibility to provide a correct email address for contact and order processing, and to set the filter functions so that emails concerning this order can be delivered.
3. Prices and Payment Conditions
3.1. The displayed prices are final prices including statutory value-added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be seen from the product description.
3.2. If delivery is to a non-EU country, additional duties, taxes or fees may be payable by the Customer to the relevant customs or tax authorities or credit institutions there.
The Customer is recommended to inquire about the details from the respective institutions or authorities before ordering.
3.3. The Customer can select the payment methods available in the online shop.
3.4. In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5. For payment via SEPA direct debit, the purchase price is due after the expiry of the period for providing the pre-notification of payment and after issuing a SEPA direct debit mandate.
A pre-notification is the Seller's announcement to the Customer that their account will be debited via SEPA direct debit and can be made, for example, in the form of an invoice or a contract.
The collection of the amount takes place when the goods leave the warehouse and the period for pre-notification has expired.
If, due to insufficient account funds or the provision of incorrect bank details, the direct debit cannot be honored, the Customer shall bear the costs of the chargeback if they are responsible for this. The same applies in the event of the Customer's objection if they were not entitled to do so.
The Seller reserves the right to check the Customer's creditworthiness before carrying out the SEPA direct debit and to reject this payment method in the event of a negative credit check.
3.6. For payment via "PayPal", payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply here. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.7. Paypal-Checkout
If you pay via PayPal Checkout, the payment processing is carried out by the PayPal payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), whereby PayPal may also use the services of third-party payment providers, which you can select if offered.
If payment methods are also offered on this website where the Seller provides advance performance (such as purchase on account or installment payment), the Seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the Customer. PayPal or the selected third-party provider first carries out a credit check before accepting the Seller's assignment offer. The selected payment method may be refused if the credit check yields a negative result.
After approval of the chosen payment method, payment can only be made to PayPal or the respective commissioned payment service provider with debt-discharging effect.
3.8. For payment via "PayPal Direct Debit", the claim is collected by PayPal on behalf of the Seller from the Customer's bank account after a SEPA direct debit mandate has been issued and after the period for pre-notification has expired. A pre-notification is the Seller's announcement to the Customer that their account will be debited via SEPA direct debit and can be made, for example, in the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient account funds or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, if they are responsible for this. The remaining contractual relationship as well as rights and obligations towards the Seller and of the Seller remain unaffected by payment by direct debit.
3.9. For payment via "PayPal Installment Payment", the Customer enters into an installment payment agreement with PayPal. If PayPal permits payment via "PayPal Installment Payment", the Customer must pay the invoice amount to PayPal under the conditions set by PayPal, which are communicated to them in the PayPal payment portal.
The terms of use of PayPal apply, which you can find here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The remaining contractual relationship as well as rights and obligations towards the Seller and of the Seller remain unaffected by this payment method.
3.10. For payment via "SOFORT", payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal").
PayPal uses the service of SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT") for this purpose.
To use this payment method, the Customer needs an online banking account enabled for participation in "SOFORT" with PIN/TAN procedure, with which they can legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment is carried out immediately after completion of the payment process by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4. Delivery and Shipping Conditions
4.1. The delivery of goods via shipping is made to the delivery address specified by the Customer. Deviating from this, for payment via PayPal, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
4.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect recipient or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the performance, unless the Seller had previously announced the performance to him appropriately. Excluded from this regulation are the costs of sending the goods if the Customer has effectively exercised his right of withdrawal. In this case, the statutory regulation or the regulation made by the Seller remains in place.
4.3. Self-collection is not offered.
4.4. Vouchers are provided to the Customer in the following form:
- by email
- by download
- by post
5. Right of Withdrawal
5.1. If the Customer is a consumer, they generally have a right of withdrawal.
5.2. The Seller's cancellation policy applies to the right of withdrawal.
5.3. Consumers who are not nationals of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union do not have a right of withdrawal.
6. Retention of Title
If the Seller provides advance performance, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Warranty for Defects
7.1. The statutory provisions on warranty for defects apply, unless otherwise agreed.
7.2. The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. Failure to comply has no effect on the Customer's statutory or contractual warranty claims.
8. Liability
The Seller's liability for all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses is determined as follows:
8.1. The Seller is only fully liable for damages resulting from intentional or grossly negligent behavior.
In the event of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), the Seller is also liable in cases of slight negligence.
An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely.
The Seller is also liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this regard.
This also applies to indirect consequential damages, in particular lost profits, and to mandatory liability such as under the Product Liability Act.
8.2. Liability is - except in cases of intentional or grossly negligent behavior or in cases of damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise limited in amount to the typical average damages for the contract. This also applies to indirect consequential damages such as lost profits.
8.3. Otherwise, the Seller's liability is excluded.
8.4. The foregoing liability regulations apply mutatis mutandis in favor of the employees and vicarious agents of the Seller.
9. Indemnification for Infringement of Third-Party Rights
If the Seller is contractually obliged to process the goods according to the Customer's specific instructions in addition to the delivery of goods, the Customer must ensure that the content provided by him to the Seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller from claims of third parties in this context, unless he is not responsible for the infringement of rights. The indemnification also includes the assumption of the reasonable costs of the necessary legal defense, including all court and attorney fees, in the statutory amount. The Customer is obliged to provide the Seller with all information required for examining the claims and for a defense immediately, completely and truthfully in the event of a claim by third parties.
10. Redemption of Promotional Vouchers
10.1. Vouchers that the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the period specified by the Seller.
10.2. Promotional vouchers can only be redeemed by consumers.
10.3. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found, if applicable, in the promotional voucher.
10.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting will not be made.
10.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.6. The value of the goods in the respective order must at least reach the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.
10.8. The credit of a promotional voucher will neither be paid out nor will it bear interest.
10.9. The promotional voucher will also not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.10. The promotional voucher is personal and may only be redeemed by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to check the substantive entitlement of the respective voucher holder.
11. Applicable Law
11.1. The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
11.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers who are not nationals of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
12. Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business.
If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the Customer's professional or commercial activity.
Nevertheless, the Seller is also entitled in the aforementioned cases to bring an action at the Customer's place of business.
13. Information on Online Dispute Resolution
The European Commission's online dispute resolution platform can be accessed via the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Consumers have a right of withdrawal for contracts for the delivery of goods according to the following provisions.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their self-employed professional activity.
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (MyMineralMix GmbH, Harrasser Str. 6, 83209 Prien, Germany, Tel: 08051-96550, Email: kontakt@mymineralmix.de) by means of a clear declaration (e.g. letter, email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us or to MyMineralMix GmbH, Harrasser Str. 6, 83209 Prien without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal:
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
The right of withdrawal does not apply to consumers who are not nationals of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To MyMineralMix GmbH, Harrasser Str. 6, 83209 Prien, E-Mail: kontakt@mymineralmix.de
I/we(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*)/ for the provision of the following service(*)
Ordered on (*) /received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notified on paper)
Date
(*) Delete as appropriate